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2000 FPCA Legislative Initiatives


1.      DETENTION AND CONFINEMENT PROVISIONS FOR SERIOUS JUVENILE OFFENDERS - FPCA, in conjunction with the Florida Sheriffs Association, will seek changes in the laws regarding juvenile offenders that will provide that juvenile offenders charged with serious offenses will be subject to pre-trial detention.

2.      PLACING LICENSE TAG VALIDATION DECALS INSIDE VEHICLE WINDSHIELDS - Tens of thousands of vehicle license plates and validation decals are stolen each year; resulting in inconvenience to many citizens and unnecessary expenditure of local and state resources. By placing the validation decals inside the windshields of vehicles, these thefts can be virtually eliminated.

FPCA SUPPORT

1.      REPEAL OF DISCOVERY DEPOSITIONS IN CRIMINAL CASES - Discovery depositions in criminal cases cause delays, tend to intimidate and discourage victims and witnesses from appearing in cases, unnecessarily inconvenience victims and witnesses, and waste law enforcement resources. Depositions are not used in federal criminal cases and are not required by the United States Constitution. Depositions are an unnecessary obstacle to effective enforcement of the criminal laws, particularly laws dealing with narcotics and organized criminal activity.

2.      PROHIBITION OF INTERFERENCE WITH TACTICAL LAW ENFORCEMENT OPERATIONS - FPCA supports legislation which would prohibit interference with tactical law enforcement operations resulting from initiating contact with persons involved in a tactical operation or communicating the deployment or movements of law enforcement personnel involved in the operation, prior to the conclusion of the operation.

3.      RECORDING NON-EMERGENCY LINES - Chapter 934, Florida Statutes, currently prohibits recording incoming or outgoing telephone calls, except for published governmental emergency lines. In many instances, emergency calls are made to published non-emergency lines at law enforcement agencies. To properly handle and dispatch help to such calls, it is often necessary to replay the call, therefore the ability to record is very important. FPCA supports a proposal to allow recording on published non-emergency law enforcement lines.

4.      EXPENDITURE OF 911 FEES ON DISPATCHER SALARIES - Currently, fees collected pursuant to Section 365.171, Florida Statutes, can, along with other related expenses, be spent on 911 call taker's salaries to the extent the call takers are handling 911 calls. The section would have to be amended to allow the salaries of 911 dispatchers to be supported from these fees as well. FPCA supports an amendment that will allow the 911 fees to support 911 dispatcher salaries.

5.      PRIMARY SEATBELT ENFORCEMENT - The FPCA has supported this issue in the past and that support continues.

6.      PROHIBIT MINOR PASSENGERS IN PICKUP TRUCK CARGO AREAS - Legislation is needed to prohibit minor passengers from riding in the cargo area of pickup trucks unless equipped with approved restraints. The FPCA has supported this issue in previous legislative sessions, and continues this support.

7.      PENALTY INCREASE FOR THIRD D.U.I. CONVICTION - Legislation is pending which will increase the penalty for a third and subsequent conviction for D.U.I. to a third degree felony. FPCA supports this legislation.

8.      ENHANCEMENTS TO LAWS GOVERNING CONDITIONAL RELEASE - FPCA supports an initiative of the Florida Parole Commission which would add additional offenses and additional punishment code offense levels to the laws governing conditional release. This would ensure that offenders released prior to termination of their complete sentences due to gain time would be under supervision for the full term of their sentences.

9.      TRESPASS ARREST AUTHORITY - Airport police agencies are experiencing difficulties in enforcing violations involving unauthorized intrusions into airport security areas when the intrusions do not occur in the presence of law enforcement officers. FPCA supports legislation amending laws relating to arrests which will resolve these difficulties.

10.      PEDESTRIAN VIOLATIONS - Pedestrians walking in traffic lanes, not to cross a street but to solicit the occupants of vehicles for various reasons, pose a serious hazard. Section 316.2045 prohibits this conduct but needs to be amended to remove an exemption for certain types of solicitations which affects the constitutional validity of the law. FPCA supports such an amendment.

11.      CLARIFICATION OF TRAFFIC ENFORCEMENT AUTHORITY EXERCISED PURSUANT TO MUTUAL AID AGREEMENTS - Local courts in various jurisdictions have issued conflicting rulings regarding the authority of law enforcement officers to enforce civil traffic infractions while engaging in activities outside of their territorial jurisdictions pursuant to a mutual aid agreement. FPCA supports legislation that will clarify this issue by providing that law enforcement officers are authorized to enforce civil traffic infractions under such circumstances.

12.      CRIMESTOPPERS - Corrective legislation allow the distribution of funds to local Crimestoppers programs is recommended by the Committee. This legislation would be developed jointly by FPCA, the Florida Sheriffs Association, the Florida Association of Crimestoppers and the Attorney General. (Additionally, the Committee recommends that the potential for having the Attorney General administer the funds pursuant to current law, in lieu of new legislation, be explored.)

13.      PHOTOGRAPHIC TRAFFIC ENFORCEMENT AT INTERSECTIONS - FPCA will support, for the purpose of reducing accidents at intersections, a system for enforcing traffic violations in intersections that identifies vehicles involved in violations by means of photographs.

FPCA OPPOSITION

1.      PROPOSED AMENDMENTS TO CHAPTER 112, FLORIDA STATUTES - Amendments were proposed to Chapter 112 that would have drastically affected the ability of law enforcement agency heads to investigate misconduct allegations. These proposals are strongly opposed by all professional law enforcement associations. The FPCA opposes any amendments to Chapter 112 that would impair the ability of law enforcement agencies to conduct internal investigations appropriately.