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2004 FPCA Legislative Initiatives

FPCA SUPPORTS:

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

OFFENDER MONITORING: FPCA supports legislation that requires that high risk offenders who are not confined be subject to continuous electronic monitoring of their whereabouts, using a system that reports an offender's presence near a crime scene, their entrance into a prohibited area, or their departure from a specified geographical limitation.

RETENTION OF TITLE DOCUMENTS: FPCA supports 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.

PRIOR D.U.I. CONVICTIONS: FPCA supports legislation that authorizes the use of certified copies of prior conviction records in driving under the influence cases. Use of these records will facilitate the effective prosecution of repeat violators.

TRAFFIC CITATIONS - ADMISSIBILITY: FPCA supports legislation that will permit traffic citations to be admitted into evidence in cases of forgery and related misconduct.

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.

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

CHOP SHOPS: FPCA supports legislation providing that air bags are included in statutory provisions regarding chop shops.

MISDEMEANOR PROSECUTIONS: FPCA supports the efforts of the Florida League of Cities to correct legislation enacted in 2003 that will require local governments to pay filing fees and to hire attorneys for the prosecution and defense of ordinance violations. Effective enforcement of local ordinances is essential to provide an appropriate level of public safety and to enhance the quality of life for citizens and residents of Florida.

INDECENT EXPOSURE: FPCA supports legislation that authorizes warrantless arrests in cases involving persons committing violations of Section 800.03, Florida Statutes.

TIME LIMITATIONS ON INTERNAL INVESTIGATIONS: FPCA will support reasonable time limitations on the duration of internal investigations, when such limitations contain exemptions which toll the time period, including in those instances when there is a parallel criminal investigation.

INCREASE PENALTIES FOR WILFULLY FLEEING A LAW ENFORCEMENT OFFICER: FPCA supports legislation which increases the penalties for willfully fleeing a law enforcement officer.

AUTOMATIC EXTERNAL DEFIBRILLATORS (AED): FPCA will support legislation which requires installation of AEDs in all law enforcement patrol vehicles if such legislation also provides for state funding of the purchase and maintenance of such devices, as well as the cost of training officers to use the devices.

ADEQUATE FUNDING OF THE JUVENILE JUSTICE SYSTEM: FPCA supports adequate funding of the juvenile justice system and urges the Legislature to sufficiently fund all aspects of the system, including diversion, juvenile assessment centers, treatment, pretrial detention and post trial commitment programs.

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION: FPCA supports legislation revising the composition of the Commission and specifying certain procedural aspects of Commission investigations.

FIREARMS RECORDS: FPCA will support legislation that protects the rights of lawful owners of firearms in relation to records made and kept by governmental agencies, as long as such legislation permits the appropriate creation and use of such records.

FPCA OPPOSES:


RECORDING OF STATEMENTS:- FPCA opposes legislation which would require the recording of all statements taken by law enforcement officers during the course of a criminal investigation.

INTERNAL INVESTIGATIONS: - FPCA opposes legislation which interferes with the operational decisions of internal investigators relating to persons from whom statements are taken and the order in which such statements are taken.