2001 FPCA Legislative Report
The 2001 Legislative Session has concluded. The final outcomes for the
Association’s issues are found below in the annotated version of the
Association’s priorities list. Not included in the list is another issue
in which the Association played a major role. That was the issue of racial
profiling. Senate Bill 84, which passed both houses of the legislature,
requires all law enforcement officers to undergo training designed by the
Criminal Justice Standards and Training Commission, and requires all
sheriff’s offices and police departments to adopt anti-profiling policies
using the Florida Police Chiefs Association Model Policy as a guide.
FPCA LEGISLATIVE INITIATIVES
1. ACCESS TO RECORDS OF PRIOR EMPLOYERS - FPCA will seek
enactment of a law that will require employers to furnish records
concerning former employees to prospective law enforcement employers
for background investigation purposes. Legislation that makes this
information obtainable would be very beneficial to law enforcement
agencies seeking the best possible candidates. (SB 252 - Sen. King; HB 261 - Rep.
Jordan) PASSED
2. EDUCATION BENEFIT FOR CHILDREN OF SLAIN LAW ENFORCEMENT
OFFICERS FPCA will seek enactment of legislation that extends the
educational benefit for the children of slain law enforcement officers to
provide for completion of graduate level degree programs by authorizing
tuition waivers. FPCA supports the enactment of such legislation. DIED IN COMMITTEE
FPCA SUPPORTED:
1. PROHIBITION OF INTERFERENCE WITH TACTICAL LAW ENFORCEMENT
OPERATIONS - FPCA will support legislation which will 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. NO LEGISLATION FILED
2. RESTORATION OF RETIREMENT PERCENTAGE - The annual percentage
rate for Florida Retirement System Special Risk Class members (Police,
Corrections and Firefighters) was reduced from 3% to 2% in 1978, and
restored to 3% in 1993. The percentage lost during those years was
restored during the 2000 Legislative Session. Legislation will be proposed
that would restore the percentage to members who had entered the DROP
program or retired prior to the effective date of the restoration. FPCA
supports this legislation. PASSED
3. 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.
FPCA supports elimination of depositions in criminal cases. NO LEGISLATION FILED
4. PRIMARY SEATBELT ENFORCEMENT FPCA supports legislation
authorizing primary enforcement of seatbelt violations. DIED IN COMMITTEE
5. PHOTOGRAPHIC TRAFFIC ENFORCEMENT AT INTERSECTIONS - FPCA
will support, for the purpose of reducing accidents at intersections, a
system for enforcing traffic violations at intersections in which vehicles
involved in violations are identified by means of photographs. DIED IN COMMITTEE
6. ACCESS TO RECORDS OF CHILD PROTECTIVE INVESTIGATIONS - Amend
Section 39.202, Florida Statutes, to prevent the subject of a child protective
investigation from having access to investigative records until the
investigation and resulting prosecution, if a prosecution is commenced, is
concluded. Current law provides that these records are available to the
person accused of causing the child abuse. FPCA supports such
legislation. NO LEGISLATION FILED
7. USE OR POSSESSION OF A POLICE SCANNER BY A PERSON ENGAGED
IN THE COMMISSION OF AN OFFENSE - Legislation is needed that would
enhance the penalty for offenses committed when the offender used or
possessed a police frequency scanner or other device that intercepts
police communications. FPCA supports this concept. PASSED
8. EDUCATIONAL STANDARDS FOR LAW ENFORCEMENT OFFICERS - FPCA
supports the concept of raising the minimum educational level of law
enforcement officers to at least that of a two year college degree, as long
as the employment of currently certified officers is not affected. WITHDRAWN
FROM CONSIDERATION
9. LAW ENFORCEMENT EXEMPTION FOR USE OF IMITATION CONTROLLED
SUBSTANCES - Due to a recent appellate court decision, legislation is
needed to exempt law enforcement officers from the laws prohibiting use
of imitation controlled substances in the course of an official investigation.
FPCA will support such legislation. PASSED
10. EXPANSION OF DNA DATABASE FPCA supports the continued
expansion of the statewide DNA database. PASSED IN SB366
11. PAWNBROKER DATABASE FPCA supports legislation implementing a
statewide pawnbroker database which will provide access to information
about pawned items to all law enforcement agencies. DIED IN COMMITTEE
12. VIOLENT CRIME COUNCIL - FPCA supports increased funding for the
Violent Crime Council and the expansion of the Council's jurisdiction to
include drug cases which are related to the statewide anti-drug strategy. PASSED
13. DUI FPCA supports legislation which would provide that a third
conviction for DUI would be punishable as a third degree felony and which
would provide that refusal to submit to a breath test constitutes a criminal
offense. DIED IN COMMITTEE
14. DEPARTMENT OF CORRECTIONS INSPECTOR GENERAL FPCA supports
legislation authorizing law enforcement authority for certain investigators
employed by the DOC Inspector General's Office. DIED IN MESSAGES
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