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2011 FPCA Legislative AgendaClick Here to Find Your Legislators or Find A BillFPCA INITIATIVES:FDLE SERVICES: FPCA asks the Legislature to recognize the vitally important services which FDLE provides to state, county, and local law enforcement agencies, and urges the Legislature to hold FDLE harmless in any budgetary cutbacks. PUBLIC RECORDS EXEMPTION: FPCA urges the Legislature to amend Chapter 119, Florida Statutes, to exempt date of birth information for all personnel whose other personal information is currently exempt or confidential, in an effort to deter identity theft against those persons.
PUBLIC SAFETY TELECOMMUNICATORS: FPCA encourages the Legislature to amend this law to
grant training and certification exemptions for certified law enforcement officers working in
public safety telecommunications positions.
PAWN BROKERS AND SECOND HAND DEALERS "Kathleen's Cause": FPCA encourages the Legislature
to amend Chapters 538 and 539, Florida Statutes, to require pawnbrokers and second hand
dealers to obtain digital photographs of persons pawning or selling items; and to create a
statewide pawn database. FPCA SUPPORTS:ADEQUATE FUNDING OF THE COURT SYSTEM: FPCA believes it is in the best interest of law enforcement and public safety to have an adequately funded judicial system. ADEQUATE FUNDING OF THE JUVENILE JUSTICE SYSTEM: FPCA supports and urges sufficient funding for all aspects of the juvenile justice system including diversion, assessment centers, treatment, pretrial detention, and commitment programs. INTERNET CAFE'S: FPCA supports and encourages amendment of the gambling statute to more clearly define and prohibit Internet Café gambling. ADVERTISING LOST/FOUND PROPERTY: FPCA supports amendment to section 705, Florida Statutes, to permit advertising of lost and found items on official government websites. CONFIDENTIAL IDENTITIES IN COURT DOCUMENTS: FPCA encourages the Legislature to create an exemption in Chapter 119, Florida Statutes, in order to correct the problems relating to confidential informant and undercover law enforcement officer information that was created by the Florida Supreme Court's March 18, 2010 decision, case No. SC07-2050, In re: Amendments to Florida Rule of Judicial Administration 2.420 and the Florida Rules of Appellate Procedure. OFFENDER MONITORING: FPCA supports legislation requiring high risk offenders that are not confined be subject to continuous electronic monitoring using a system that reports the offender's presence near a crime scene, entrance into prohibited areas, or departure from geographical area(s) to which the offender's presence is restricted by court order. OFFICER ANDREW WIDMAN ACT:
FPCA supports the modification of statutes to allow judges to deny bail to violent
offenders arrested for new law violations. PRESCRIPTION DRUG MONITORING PROGRAM: FPCA supports the full and timely funding of start-up and maintenance of this program that will facilitate investigations into prescription medication abuse cases that are causing rampant addiction and death incidents statewide. PUBLISHING INFORMATION EXEMPTED BY F.S. 119: FPCA supports the amendment of section 843.17, Florida Statutes, to provide narrowly tailored and defined compelling governmental safety reasons to support the prohibition against publishing or distributing confidential personal information about employees of criminal justice agencies. Federal District Court Judge Richard Smoak ruled in April 2010 that section 843.17, Florida Statutes, which provides a penalty for disclosure of that confidential information, was unconstitutionally vague because it failed to set forth the compelling governmental safety reasons for such prohibition and penalty. TEXTING WHILE DRIVING:
FPCA supports modification to traffic statutes to provide that the act of texting while
driving shall be prima facie evidence of careless driving, and may be considered evidence to
support a charge of reckless driving. TOUCH DNA: FPCA supports an amendment to section 925.11, Florida Statutes, clarifying language relating to the types of cases law enforcement for which is required to retain evidence, and the duration of retention in each case. TRUST FUND DOLLARS: FPCA supports and urges the Legislature to give FDLE budgetary capability to maintain and improve advanced training of law enforcement officers CONTROLLED SUBSTANCE PRESCRIPTION ENHANCEMENT: FPCA supports an amendment to section 893.04, Florida Statutes, to allow a pharmacist to collect a thumbprint from the person presenting or picking up any prescription for a controlled substance for the purposes of identification of such persons. LOUD CAR STEREO "Boom Box" INITIATIVE: FPCA supports amending section 316.3045, Florida Statutes to eliminate the non-moving violation penalty and make a first time offense a moving violation that would place three (3) points on the offender's driver's license. FPCA also supports a doubled fine for a second offense within a twelve month period, and tripled fine for a third offense within twelve months. ADMINISTRATIVE LICENSE HEARINGS: FPCA supports a change in the process for administrative driver's license hearings. Currently, officers statewide are taken away from their police duties to attend and testify at such hearings. It has become a widespread practice for the drivers' attorneys to engage the officers in lengthy testimony that goes far beyond the purpose of the administrative hearing; in effect, those attorneys are obtaining depositions for use in ancillary criminal proceedings. We believe this testimony is not necessary to satisfy the requirements of the administrative driver's license suspension process, and the hearing officers should be able to rule based upon the sworn written testimony contained in the reports. IMMIGRATION:
FPCA supports creation of a statute allowing law enforcement officers the ability to
determine the immigration status of a person for whom the law enforcement officer has
reasonable suspicion to believe the individual has committed a criminal act. Furthermore,
we support the creation of a misdemeanor offense
(mirror to the existing federal law), E-verify employment, enhanced penalties (1 degree)
for offenses committed, and citizen status verification at the time bond is set. FPCA OPPOSES: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. WEAPONS:
FPCA opposes any change to F.S.S 790.06 that would allow the storage of firearms in a vehicle
on any school campus. We also oppose any change to this statute that would allow the
possession of a firearm on any school campus. EMPLOYEE-EMPLOYER RELATIONS: FPCA opposes, at both the State and Federal level, any legislative attempt to further restrict the local conduct of employer/employee relations issues. This would include any expansion of or mandating of collective bargaining by local governments.
RED LIGHT CAMERAS: FPCA opposes any legislation that repeals or limits the use
of Red Light Cameras as a tool to enforce traffic laws and increased public safety. PENSION RELATED BILLS: PRETRIAL PROGRAMS: |