Florida Police Chiefs Association - 2010 Legislative Report

2010 FPCA Legislative Report

FPCA INITIATIVE:

ADEQUATE FUNDING OF THE JUVENILE JUSTICE SYSTEM: FPCA supports and urges the Legislature to sufficiently fund all aspects of the juvenile justice system to include diversion, assessment centers, treatment, pretrial detention and commitment programs. We helped restore some $1 million in funding for JACS.

RED LIGHT CAMERAS: FPCA supports legislation that enables enforcement action based on red light cameras. Majority of the fine dollars are to remain with the local government. After several years, this has finnaly passed and becomes law July 1, 2010.

TRUST FUND DOLLARS: FPCA supports and urges the Legislature to give FDLE budgetary authority to utilize Trust Fund Dollar Reserves for a venture to initiate a distance learning program for statewide usage by law enforcement officers. No legislation filed on this issue this year.

TOUCH DNA: FPCA supports and urges the Legislature to amend F.S. 925.11, clarifying language relating to the types of cases and duration law enforcement is required to retain evidence. Through negotiation, this legislation was withdrawn.

FPCA SUPPORTS:

BULLET RESISTANT MATERIALS: FPCA supports legislation prohibiting the possession of bullet resistant materials by Felons and Delinquents. No legislation filed.

OFFENDER MONITORING: FPCA supports legislation that requires high risk offenders not in confinement to be subject to continuous electronic monitoring using a system that reports the offenders' presence near a crime scene, entrance into prohibited areas, and departure from a geographical area(s) where their presence is limited. No legislation filed.

FLORIDA PARTNERS IN CRISIS: FPCA supports the work of the Florida Partners in Crisis advocacy efforts on behalf of mental health and substance abuse services for people in need, Further, FPCA supports their efforts to obtain funding to continue these services. No legislation filed.

ADEQUATE FUNDING OF THE COURT SYSTEM: FPCA believes it is in the best interest of law enforcement to have an adequately funded judicial system. While it was a challenging budget year, the court system was funded to the best of the legislature's ability.

PRESCRIPTION DRUG MONITORING PROGRAM: FPCA supports the Prescription Drug Monitoring Program wherein funding is provided by Federal, Private or Grant assistance programs. This process is ongoing with the program being designed and scheduled for roll-out by the end of the calendar year.

OFFICER ANDREW WIDMAN ACT [Allowing Discretion by Judges to hold Violent Offers]: FPCA supports the modification of statute to allow judges to deny bail to violent offenders who are arrested for new law violations. Passed the House early; unfortunately, it died in the Senate because of a disagreement between the sponsors which was unrelated to the issue.

GENERAL MATTERS: FPCA supports modification of F.S. 316.3045 as relates to the penalty for loud stereo violations. Died in the process. FPCA also supports modification of F.S. 800.03 as relates to warrantless arrests of certain sex offenders who commit new misdemeanors. Discussed, but unable to get it included in the Sexual Predator Residency Legislation.

TEXTING WHILE DRIVING: FPCA supports modification to traffic statutes to include texting while driving as an element of careless driving. Several versions filed. Passed the Senate but died in the House.

ADVERTISING LOST/FOUND PROPERTY: FPCA supports amending F.S. 705.1 to allow for advertising of lost and found items on official government websites. Multiple bills filed; died in committee.

REPLICA FIREARMS: FPCA supports modification of F.S. 790, inserting a definition of replica firearms and appropriate penalties. No legislation filed.

CRIME STOPPERS FUNDING: FPCA supports the restoration of the $3.5 million dollar funding for critical crime suppression programs removed by the FY2008-10 Budgets. Restored some funding to the crime stoppers trust fund, in order to maintain the program.

FPCA OPPOSES:

LAW ENFORCEMENT FUNDED TRAINING: FPCA opposes any cuts to existing training dollars for law enforcement officers. No specific legislation filed; would be a budgetary item via FDLE. Unknown outcome at this time.

FDLE SERVICES: FPCA opposes any cuts that reduce critical services to local law enforcement, most importantly, Crime Labs, Criminal Investigations and Criminal Justice Information. No specific legislation; would be a budgetary item and outcome appears to be neutral, but budget has not yet been signed.

911 EMERGENCY DISPATCH TRAINING/CERTIFICATION REQUIREMENTS: FPCA opposes efforts to change the 9-1-1 dispatcher certification requirements from voluntary to mandatory. Passed the Legislature and is currently on the Governor's desk for signature, veto or allowing to become law without signature. We were successful in getting the implementation date extended and the fees reduced. However, it is still an unfunded mandate with undetermined consequences. If it becomes law, agencies need to become very familiar with the details and take advantage of applying for training center status and getting as many personnel qualified under the grandfather clause as quickly as possible, so as to reduce the fiscal impact.

PAROLE BOARD: FPCA opposes the elimination of the Parole Board from its current configuration. No legislation filed.

ADMINISTRATIVE INVESTIGATIONS: FPCA opposes any further changes to F.S. 112, known as the Officer Bill of Rights that would lead to erosion of public confidence in the ability of agencies to "police" themselves. No legislation filed.

CUSTODIAL INTERROGATIONS: FPCA opposes any legislation that limits the introduction into a court of law any evidence that would provide a jury the ability to evaluate all issues, inclusive of confessions and admissions. No legislation filed.

DART FIRING STUN GUNS: FPCA opposes any limitations on the proper deployment of non-lethal weapons such as electronic control devices (stun guns) used to deescalate violence on school grounds or other arbitrary considerations. No legislation filed.

ADDITIONAL ISSUES:

RETIREMENT/HEALTH BENEFITS: A number of bills were filed that would modify municipal and county pensions, as well as FRS, effectively reducing benefits by requiring new premiums to be paid by current and future retirees. These were withdrawn, but are expected to be continuing issues in future years.

PUBLIC RECORDS FEE RECOVERY: Legislation was filed which would have curtailed the amount of cost recovery agencies could have when responding to public records requests. Legislation dies in committee.

ELECTRONIC RECORDS OF EPHEDRINE PURCHASES: Commonly known as "MethCheck", it requires all pharmacies in the state to participate in electronic recordkeeping of ephedrine purchases, so as to stop "pharmacy shopping". It is on the Governor's Desk and is expected to be signed. It becomes law 7/1/10.

DERELICT MOTOR VEHICLES: Modifies manner in which salvage yards obtain appropriate paperwork to dispose of junked cars. We were NEUTRAL on this issue, which passed and becomes law 7/1/10.

SEXUAL OFFENDER/PREATOR RESIDENCY: Initially included provisions that would do away with local ordinances expanding residency requirement. Maintains the 1,000 foot perimeter around specific locations where children congregate; adds a "transient residency" and creates a LOITERING/PROWLING violation within 300 feet of locations where children congregate. Passed and becomes law 7/1/10.

VARIOUS CRIMINAL TRAFFIC VIOLATIONS: We participated in a committee of stakeholders that reviewed all of the criminal traffic statutes. A number were approved for decriminalization, which was done via omnibus legislation. We held steady that no violations involving fraud or disrespect to officers were to be affected and the committee agreed with that posture. DHSMV will be re-writing Appendix C, which is the listing of statutory classifications. Officers will then need familiarization on this.