937.025 Missing children; student records; reporting requirements; penalties. - Florida Statutes

937.025 Missing children; student records; reporting requirements; penalties.

   (1) Notwithstanding any law that provides for the confidentiality of student records maintained by a public or private school, upon notification by the Department of Law Enforcement that a child is listed or reported as a missing child, the school in which the child is currently enrolled, or was previously enrolled, shall flag the student records in such a manner that whenever a copy of or information concerning the records of the missing child is requested, the person authorized to provide such copy or information is alerted to the fact that the child has been listed or reported as missing.

   (2) The school shall immediately report to the local law enforcement agency and the Department of Law Enforcement any request concerning flagged student records, and shall report any information regarding the request that may assist law enforcement agencies in locating the missing child.

   (3) The school or any employee of the school who provides such notification and information in good faith is immune from civil liability for reporting and providing the information.

   (4) Upon notification by the Department of Law Enforcement that the records no longer need to be flagged, the school shall remove the flag from the student records.

   (5) Notwithstanding any other law, an employee of the state or a local governmental agency, a person who is employed under a contract with the state or a local governmental agency, or an employee of a public or private school within the state shall promptly report to the local law enforcement agency and the Department of Law Enforcement any information received or possessed that could assist in:

   (a) Locating a child who has been reported as missing.

   (b) Ascertaining the identity of the person who has actual custody of a missing child.

   (c) Determining whether a missing child is in danger of physical injury or death.

   (6) Any person who makes a report in good faith to a law enforcement agency as required by this section is immune from civil liability for such action.

   (7) A person who knowingly provides false information concerning a missing child or the efforts to locate and return a missing child to a parent, family member, or guardian of a child who has been reported missing commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History. s. 67, ch. 96-388.