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2003 FPCA LEGISLATIVE REPORT


MEDAL OF HEROISM: FPCA sought legislation to establish a Medal of Heroism, to be awarded by the Governor to a law enforcement officer, firefighter or emergency medical technician for heroic actions above and beyond the call of duty. (Senate Bill 1992 passed, and was approved by the Governor on May 27, 2003.) FPCA SUPPORTED:

PRIMARY SEATBELT ENFORCEMENT: FPCA supported legislation authorizing primary enforcement of seatbelt violations. (Died in Committee) TRAFFIC CITATIONS ADMISSIBILITY: FPCA supported legislation that permits traffic citations to be admitted into evidence in cases of forgery and related misconduct. (No legislation filed this session)

EDUCATIONAL STANDARDS FOR LAW ENFORCEMENT OFFICERS: FPCA supported 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. (No legislation filed this session.)

RETENTION OF TITLE DOCUMENTS FPCA supported legislation requiring the retention of documents relating to motor vehicle certificates of title by the Department of Highway Safety and Motor Vehicles. Retention of these documents is necessary to successfully prosecute title and odometer frauds and other offenses. (HB967 passed the House; SB1402 died in Committee.)

PROHIBIT MINOR PASSENGERS IN PICKUP TRUCK CARGO AREAS: Legislation was proposed to prohibit minor passengers from riding in the cargo area of pickup trucks unless equipped with approved restraints. FPCA supported this issue in previous legislative sessions, and continued this support. (Died in Committee)

BAKER ACT REFORM: FPCA supported the Florida Sheriffs Association initiative to reform the Baker Act, providing additional criteria for involuntary examination for persons with prior commitments whose condition is deteriorating, and for court ordered out-patient treatment. (Died in Committee)

CHRISTOPHER FUGATE ACT: FPCA supported legislation which enhances the penalty for supplying alcohol to a minor when an alcohol licensee supplies alcohol to a minor employee. (SB 2520 passed both houses.) SCHOOL PROTECTION ACT: FPCA supported legislation which requires school teachers or employees to report all acts of violence or threats of violence occurring on school property or at school functions or events to the appropriate law enforcement agency. (SB 30A passed in Special Session A.)

DRUG FREE SAFE ZONES NEAR PUBLIC PARKS: FPCA supported the League of Cities in advocating legislation which will provide for enhanced penalties for sale or possession of drugs in or within 1000 feet of a public park. (SB1588 passed both houses.) DISPOSAL OF DEAD BODIES: FPCA supported legislation increasing the penalty for the improper disposal of dead bodies from a misdemeanor to a 3rd degree felony. (No legislation filed.)

RAILROAD POLICE: FPCA supported efforts of railroad police to be certified and authorized as law enforcement officers pursuant to statutory provisions contained in Ch. 943, Florida Statutes. (No legislation filed.)

WORKER'S COMPENSATION: FPCA supported legislation to exclude confidential informants from the definition of employee under laws pertaining to worker's compensation. (No legislation filed.)

MEDICAL RECORDS: FPCA supported legislation that will provide access to medical records for law enforcement officers who are investigating alleged cases of abuse or neglect. (No legislation filed.)

SOCIAL SECURITY NUMBERS: FPCA supported legislation to prohibit businesses from requiring persons to use social security numbers for identification purposes. (No legislation filed.)

CHOP SHOPS: FPCA supported legislation providing that air bags are included in statutory provisions regarding chop shops. (SB1272 passed the Senate, died in Committee in the House.) FPCA OPPOSED:

ALTERATION OF THE COMPOSITION OF THE CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION: FPCA opposed an effort to alter the composition of the Commission and to limit the range of disciplinary actions the Commission may consider. (Legislation did not pass.)

ASSESSMENT OF USER FEES FOR FDLE CRIME LABORATORY SERVICES: FPCA opposed an item in the proposed House Budget which contained provisions for local governments to pay in excess of 16 million to FDLE next fiscal year for crime laboratory services. (The fee provisions were removed from the budget.)

ELIMINATION OF THE DEPARTMENT OF JUVENILE JUSTICE OR FUNDING FOR FRONT-END PROGRAMS: FPCA opposed legislation which would eliminate the Department of Juvenile Justice and/or budgetary cuts which would adversely affect the continuum of services for our children, from assessment, diversion and other front-end services through conditional release and aftercare. (Legislation that would have eliminated the Department was withdrawn; and most front-end programs were funded.)

A BILL ESTABLISHING A COMMISSION TO STUDY MERGING STATE AGENCIES: FPCA opposed the establishment of a commission to study merging all state law enforcement functions and placing them under the Florida Department of Law Enforcement. (Legislation did not pass.)

AMENDMENTS TO CONTRABAND FORFEITURE LAWS: FPCA opposed changes to laws pertaining to contraband forfeiture. Current provisions are among the best in the nation, and are admirably serving their intended purpose of deterring crime by removing the profits of crime. (Legislation did not pass.)

REDUCTION IN FUNDING FOR THE VIOLENT CRIME AND DRUG CONTROL COUNCIL: House and Senate budget proposals both included a reduction of $2,500,000, leaving $500,000 for the activities of the Council. (The full $2,500,000 was restored in the final budget passed on May 27, 2003.)

ADDITIONAL ITEM OF INTEREST

MANDATORY REPORTS OF OFFENSES REQUIRING MANDATORY DRIVERS LICENSE REVOCATION: The Department of Highway Safety and motor Vehicles proposed legislation which would have required law enforcement agencies to report all incidents requiring mandatory license revocation within 24 hours. This would have required reporting many thousand of incidents. (For example, all felonies in which motor vehicles are used require mandatory revocation upon conviction.) FPCA representatives met with the sponsors and the bill language was modified to address only a small number of cases involving vehicular homicides. The bills were amended by the sponsors. However, they did not pass during this legislative session.