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2004 FPCA LEGISLATIVE REPORT


FPCA SUPPORTED

PRIMARY SEATBELT ENFORCEMENT: FPCA supported legislation authorizing primary enforcement of seatbelt violations. HB 0015 Relating to Dori Slosberg Safety Belt Law (Slosberg) Passed House - Died in committee in Senate. (SB 0400 Relating to Fla. Safety Belt Law

OFFENDER MONITORING: FPCA supported 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. HB 1283 Relating to Electronic Monitoring/Probationers (Public Safety and Crime Prevention) Passed House - Died in Senate Messages. (SB 2018 Relating to Electronic Monitoring/Probationers)

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. HB 0011 Relating to Motor Vehicle Title Certificates (Adams) 4/30/2004 ----- Signed by Officers and presented to Governor (Governor must act on this bill by 05/15/04) PASSED - Sent to Governor. (SB 0314 Relating to Motor Vehicle Title Certificates)

PRIOR D.U.I. CONVICTIONS: FPCA supported 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. SB 2762 Relating to Driving Under Influence (Criminal Justice) PASSED (HB 1311 Relating to Driving Under Influence)

TRAFFIC CITATIONS - ADMISSIBILITY: FPCA supported legislation that will permit traffic citations to be admitted into evidence in cases of forgery and related misconduct. SB 1526 Relating to Motor Vehicles (Home Defense, Public Security and Ports) Passed Senate - Died on House Third Reading. (HB 1809 Relating to Motor Vehicles/Mobile Homes/Vessels)

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 continued this support. HB 0057 Relating to Motor Vehicles/Riding on Exterior (Kosmas) Died in Committee (SB 0266 Relating to Motor Vehicles/Riding on Exterior)

BAKER ACT REFORM: FPCA supported 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. SB 0700 Relating to Mental Health (Appropriations) PASSED (HB 0463 Relating to Mental Health)

CHOP SHOPS: FPCA supported legislation providing that air bags are included in statutory provisions regarding chop shops. SB 1206 Relating to Chop Shops/Airbags (Webster) Died in Committee. (No House Companion)

ORDINANCE PROSECUTIONS: FPCA supported 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. SB 2962 Relating to Judicial System & Timeshare Plans (Appropriations) PASSED (HB 2007 Relating to State Judicial System) **(This bill provides that State Attorneys and Public Defenders must contract with municipalities or counties to handle the prosecution and defense of ordinance violations. It also imposes a $10 filing fee for municipalities or counties for ordinance violations, and an additional $40 fee for the non-prevailing party in contested cases. Also, 10% of any fine imposed in cases involving municipal ordinance violations will be retained by the state.)**

INDECENT EXPOSURE: FPCA supported legislation that authorizes warrantless arrests in cases involving persons committing violations of Section 800.03, Florida Statutes. SB 2746 Relating to Arrests Without Warrant (Smith) Died in Committee. (No House Companion)

TIME LIMITATIONS ON INTERNAL INVESTIGATIONS: FPCA supported 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. HB 0431 Relating to Law Enforcement Officer/Interview (Public Safety and Crime Prevention) {This bill would have imposed a 180 day limitation on internal investigations, with exceptions allowing reopening or extension of investigations under certain circumstances.} Died in Committee. (SB 0650 Relating to Law Enforcement Officers/Complaints)

INCREASE PENALTIES FOR WILFULLY FLEEING A LAW ENFORCEMENT OFFICER: FPCA supported legislation which increases the penalties for willfully fleeing a law enforcement officer. HB 0295 Relating to Fleeing Law Enforcement Officer (Patterson) PASSED (SB 1322 Relating to Fleeing Law Enforcement Officer)

AUTOMATIC EXTERNAL DEFIBRILLATORS (AED): FPCA supported 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. SB 0404 Relating to Automated External Defibrillators (Geller) Died in Committee. (No House Companion)

ADEQUATE FUNDING OF THE JUVENILE JUSTICE SYSTEM: FPCA supported 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 supported legislation revising the composition of the Commission and specifying certain procedural aspects of Commission investigations. SB 1792 Relating to Criminal Justice Standards Comm. (Garcia) PASSED (SB 1975 Relating to Criminal Justice Standards Comm.)

FIREARMS RECORDS: FPCA supported 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. HB 0155 Relating to Firearm Records (Judiciary) PASSED - Sent to Governor. (SB 1152 Relating to Firearm Records)

FPCA OPPOSED

RECORDING OF STATEMENTS:- FPCA opposed legislation which would require the recording of all statements taken by law enforcement officers during the course of a criminal investigation of a capital felony. HB 0783 Relating to Custodial Interrogations (Planas) Died in Committee. (SB 1936 Relating to Custodial Interrogations)

INTERNAL INVESTIGATIONS: - FPCA opposed 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. HB 0431 Relating to Law Enforcement Officer/Interview (Public Safety and Crime Prevention) {This bill would have required that the interview of an officer who is the subject of an internal investigation be conducted after the interviews of the complainants and all witnesses, whenever possible.} Died in Committee. (SB 0650 Relating to Law Enforcement Officers/Complaints)