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2001 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.

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.

FPCA SUPPORTS:

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.

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.

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.

4.     PRIMARY SEATBELT ENFORCEMENT ­ FPCA supports legislation authorizing primary enforcement of seatbelt violations.

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.

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.

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.

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.

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.

10.     EXPANSION OF DNA DATABASE ­ FPCA supports the continued expansion of the statewide DNA database.

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..

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.

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.

14.     DEPARTMENT OF CORRECTIONS INSPECTOR GENERAL ­ FPCA supports legislation authorizing law enforcement authority for certain investigators employed by the DOC Inspector General's Office.