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2005 FPCA LEGISLATIVE REPORT
FPCA SUPPORTEDPUBLIC RECORDS EXEMPTION FOR JUROR PERSONAL INFORMATION: FPCA's initiative is to add juror personal information to the Florida public records law exemption. Bill was not filed. PRIMARY SEATBELT ENFORCEMENT: FPCA supported legislation authorizing primary enforcement of seatbelt violations. HB 1697 passed with modified seatbelt requirements. All persons under 18 years of age are required to wear seatbelts. The bill requires the mandatory reporting of the race and gender of persons issued citations for seatbelt violations. PASSED and Approved by the Governor on June 8, 2005. 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 1877 (Jessica Lunsford Act) PASSED and approved by Governor. Revises sexual predator criteria and requires electronic monitoring for certain offenders and conditional releases. TRAFFIC CITATIONS - ADMISSIBILITY: FPCA supported legislation that will permit traffic citations to be admitted into evidence in cases of forgery and related misconduct. HB 1697 amends Florida Statute 316.650(9) to permit persons that commit forgery of Florida Uniform Traffic Citation to be prosecuted. PASSED and approved by the Governor on June 8, 2005. 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. (HB 609 Passed House on April 29, 2005; Died in Senate Messages on May 6, 2005). CHOP SHOPS: FPCA supports legislation providing that air bags are included in statutory provisions regarding chop shops. Bill was not filed. INDECENT EXPOSURE: FPCA supported legislation that authorizes warrantless arrests in cases involving persons committing violations of Section 800.03, Florida Statutes. No bill was filed. TIME LIMITATIONS OF 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. SB 656 Relating to Law Enforcement Officer/Interview (James Weaver Act) This bill would impose a 180 day limitation on internal investigations, with exceptions for toll allowing reopening or extension of investigations under certain circumstances. PASSED and approved by Governor. 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. FLORIDA DEPARTMENT OF JUVENILE JUSTICE YOUTH CUSTODY OFFICER PROGRAM: FPCA supports amending Florida statute 985.2075 that would allow the youth custody officer while in the performance of their lawful duties, to take youths into custody for additional crimes occurring in their presence, providing for the filing of criminal violations and evidence gathering. SB 1638 Died in Committee on May 6, 2005. USE OF FORCE (Defense of Castle): FPCA conditionally supported SB 436, which provides presumption of imminent peril and permits use of deadly force when a person unlawfully and forcibly enters a dwelling or occupied vehicle. Provided amendments to the original bill that protected Law Enforcement Officers and municipalities during the performance of duties. PASSED approved by Governor. FPCA OPPOSEDINTERNAL 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. SB 308 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. PASSED and VETOED by Governor. TASERS: FPCA opposed legislative mandates that prohibit the use or establishes a moratorium on the use of dart firing stun guns commonly marketed as TASERS. SB 2240 was amended to permit the use of TASERS under certain conditions. Died in Committee in Senate with no House companion bill filed. |