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2011 FPCA Legislative ReportFPCA INITIATIVE: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. FDLE reports that they fared well in the budget process. 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. This legislation died in committee.
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. This legislation died in the House. We
worked with Sponsors and family members at the Denise Amber Lee Foundation and have
developed an agreement that FDLE Curriculum Section will develop an online "bridge
training course" covering those items that police officers do not get in basic academy;
that course will get approved by DOH, and we will then go back to the Legislature in 2012,
to get appropriate statutory modifications.
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. Died in both House and Senate. 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. Only time will tell if the funding provided by the Legislature is actually adequate. 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. We have reason to believe that funding for DJJ will be adequate. Efforts began just prior to the Session, and continue today, to re-organize DJJ. INTERNET CAFE'S: FPCA supports and encourages amendment of the gambling statute to more clearly define and prohibit Internet Café gambling. Legislation died in both House and Senate. ADVERTISING LOST/FOUND PROPERTY: FPCA supports amendment to section 705, Florida Statutes, to permit advertising of lost and found items on official government websites. Legislation died in both House and Senate. 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. No legislation filed. 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. No legislation filed. OFFICER ANDREW WIDMAN ACT: FPCA supports the modification of statutes to allow judges to deny bail to violent offenders arrested for new law violations. Passed and signed into law by Governor Scott. Click Here to view enrolled bill. 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. Included in comprehensive "Pill Mill" legislation passed and signed into law by Governor Scott. Click Here to view enrolled bill. 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. No legislation filed. 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. Died in both House and Senate. 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. No legislation filed. Still expected to be a topic reviewed by the Innocence Commission, with legislative recommendations for 2012. TRUST FUND DOLLARS: FPCA supports and urges the Legislature to give FDLE budgetary capability to maintain and improve advanced training of law enforcement officers. FDLE reports that with proper management, they should be able to leave the training dollar level at $67 per officer. 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. No legislation filed. 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. Legislation died on House side. Since the Session ended, the 2nd DCA has ruled that this statute is unconstitutional on vagueness grounds. We are working with the Attorney General's Office to develop a strategy on this issue. 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. No legislation filed.. 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.
The Legislature passed a measure that requires the State and private sector
businesses to verify status of employees, but did not call for any new requirements to
law enforcement. 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. No legislation filed. 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. Two measures passed the Legislature. One calls for sovereignty of regulation by the State, invalidating any local or county ordinance, and allowing penalty for violation by local government. Click Here to view enrolled bill. The second measure, which initially sought to allow open carry of firearms anywhere in the state, passed with a restriction to educational campuses, government buildings, and other locations. Click Here to view enrolled bill.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. No legislation filed.
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. This legislation was defeated. EYEWITNESS IDENTIFICATION: The FPCA along with FDLE, the Sheriffs Association and the Prosecuting Attorney's Association developed standards relating to Eyewitness ID that were finalized on June 15, 2011. We have forwarded to each agency requesting that they adopt the recommended standards by November 1, 2011 and provide a copy to their State Attorney's office and to FPCA Headquarters. This legislation filed in the 2011 session was defeated. PENSION RELATED BILLS - Florida Retirement System (FRS) and
Local Plans (175/185 Plans): Legislation was passed requiring local plans to meet new standards and implement additional reporting to the State. PRETRIAL PROGRAMS: |