DETENTION AND CONFINEMENT PROVISIONS FOR SERIOUS JUVENILE OFFENDERS - FPCA, in conjunction with the Florida Sheriffs Association, is seeking changes in the laws regarding juvenile offenders that will provide that juvenile offenders charged with serious offenses will be subject to pre-trial detention and, if convicted, subject to imprisonment in a manner consistent with the seriousness of the offenses. House Bill 205, which contained the Association's provisions, met with a great deal of resistance while proceeding through the committee process and was ultimately temporarily passed to die in committee. However, many parts of the Association's juvenile package did pass in HB 349, which was a bill regarding the possession of firearms in schools by juveniles.

PLACING LICENSE TAG VALIDATION DECALS INSIDE VEHICLE WINDSHIELDS - Tens of thousands of vehicle license plates and validation decals are stolen each year; resulting in inconvenience to many citizens and unnecessary expenditure of local and state resources. By placing the validation decals inside the windshields of vehicles, these thefts can be virtually eliminated. HB 139 moved through the committee process in the House of Representatives but was not heard on the floor, dying on the calendar there. The companion bill did not move in the Senate and died in committee in that chamber.

FPCA SUPPORTED:

1. MANDATORY SENTENCES FOR FIREARMS VIOLATIONS (10-20-LIFE) - The Association supports legislation that would impose severe mandatory prison sentences for offenses involving the use of a firearm or the possession of a firearm during the commission of an offense.a firearm or the possession of a firearm during the commission of an offense. This legislation passed the House and Senate, and was signed into law by the Governor on 3/31/99.





2. MANDATORY LIFE SENTENCES FOR COMMISSION OF THIRD SERIOUS OFFENSE (THREE STRIKES) - The Association supports legislation that would impose a mandatory life prison sentence on offenders convicted of committing serious offenses, when the offender has at least two previous convictions for serious offenses. This legislation passed the House and the Senate on 4/30/99. It is now awaiting consideration by the Governor.





3. REPEAL OF DISCOVERY DEPOSITIONS IN CRIMINAL CASES - Discovery depositions in criminal cases cause delays, tend to intimidate and discourage victims and witnesses from appearing in cases, unnecessarily inconvenience victims and witnesses, and waste law enforcement resources. Depositions are not used in federal criminal cases and are not required by the United States Constitution. Depositions are an unnecessary obstacle to effective enforcement of the criminal laws, particularly laws dealing with narcotics and organized criminal activity. There was no legislative proposal filed regarding this issue in 1999.





4. PROHIBITION OF INTERFERENCE WITH TACTICAL LAW ENFORCEMENT OPERATIONS - FPCA supports legislation which would prohibit interference with tactical law enforcement operations resulting from initiating contact with persons involved in a tactical operation or communicating the deployment or movements of law enforcement personnel involved in the operation, prior to the conclusion of the operation. SB 166/HB 141 were the bills dealing with this subject. SB 166 passed the Senate , but HB 141 died on the calendar in the House.





5. RECORDING NON-EMERGENCY LINES - Chapter 934, Florida Statutes, currently prohibits recording incoming or outgoing telephone calls, except for published governmental emergency lines. In many instances, emergency calls are made to published non-emergency lines at law enforcement agencies. To properly handle and dispatch help to such calls, it is often necessary to replay the call, therefore the ability to record is very important. FPCA supports a proposal to allow recording on published non-emergency law enforcement lines. This issue failed in committee as an amendment on one bill during the Session. After that no appropriate vehicle for further amendments was available. Recording conversations on police lines is an issue that has the potential to be controversial, therefore it is difficult to obtain permission to amend it on another bill.





6. ACCESS TO RECORDS OF PRIOR EMPLOYERS - Legislation is being proposed that would require employers to provide records concerning former employees to prospective employers for background investigation purposes. Legislation that makes this information obtainable would be very beneficial to law enforcement agencies seeking the best possible candidates. FPCA supports such legislation.SB 1826 and HB 757 both died on the calendar in the Senate and House.





7. SEX CRIMES/TECHNICAL CHANGES - Sex offense investigators have requested technical changes which will facilitate the investigation and prosecution of sex offenses in which children and the elderly are victims. FPCA supports this legislation. No bills specifically dealing with these issues were filed.





8. RESCHEDULING OF Ketamine HCL - The drug Ketamine HCL has become a serious problem in many communities. A proposal has been made to reschedule Ketamine HCL to a Schedule II drug. FPCA supports this proposal.SB 152 passed, and will result in the rescheduling of Ketamine and other substances.





9. IMPOSITION OF 911 ACCESS FEES TO CELLULAR SERVICE - Currently, conventional telephone lines are assessed a fee by local governments for 911 access. The ability to charge this fee does not extend to cellular telephones although 15-20 percent of 911 calls come from cellular telephones. Cellular 911 calls take longer to process than conventional calls and require system upgrades to be handled effectively. Charging cellular callers the same access fee as other callers would defray the additional costs associated with serving cellular callers and would fund the necessary upgrades. FPCA supports the application of the 911 access fee to cellular telephone lines in parity with the assessment currently charged on conventional lines. HB 621, creating s. 365.172, passed.





10. EXPENDITURE OF 911 FEES ON DISPATCHER SALARIES - Currently, fees collected pursuant to Section 365.171, Florida Statutes, can, along with other related expenses, be spent on 911 call taker's salaries to the extent the call takers are handling 911 calls. The section would have to be amended to allow the salaries of 911 dispatchers to be supported from these fees as well. FPCA supports an amendment that will allow the 911 fees to support 911 dispatcher salaries. This issue was not addressed.





11. PRIMARY SEATBELT ENFORCEMENT - The FPCA has supported this issue in the past and that support continues. SB 90 passed the Senate but died in messages to the House, while companion, HB 927, died in committee.





12. 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. SB 2316 died on the Senate calendar; HB 1653 received an unfavorable vote in the House Transportation Committee.





13. PENALTY INCREASE FOR THIRD D.U.I. CONVICTION - Legislation is pending which will increase the penalty for a third and subsequent conviction for D.U.I. to a third degree felony. FPCA supports this legislation. SB 884 and HB 441 both died in committee.





14. ENHANCEMENTS TO LAWS GOVERNING CONDITIONAL RELEASE - FPCA supports an initiative of the Florida Parole Commission which would add additional offenses and additional punishment code offense levels to the laws governing conditional release. This would ensure that offenders released prior to termination of their complete sentences due to gain time would be under supervision for the full term of their sentences. This issue was not addressed.





15. TRESPASS ARREST AUTHORITY - Airport police agencies are experiencing difficulties in enforcing violations involving unauthorized intrusions into airport security areas when the intrusions do not occur in the presence of law enforcement officers. FPCA supports legislation amending laws relating to arrests which will resolve these difficulties. This issue was not addressed.





16. PEDESTRIAN VIOLATIONS - Pedestrians walking in traffic lanes, not to cross a street but to solicit the occupants of vehicles for various reasons, pose a serious hazard. Section 316.2045 prohibits this conduct but needs to be amended to remove an exemption for certain types of solicitations which affects the constitutional validity of the law. FPCA supports such an amendment. HB 627 passed the House but died in messages to the Senate, where companion SB SB 2254 died in committee.





17. CLARIFICATION OF TRAFFIC ENFORCEMENT AUTHORITY OF THE CAPITOL POLICE - State law regarding the traffic enforcement authority of the Capitol Police needs clarification due to an inconsistency between two statutory provisions. FPCA supports legislation which will provide this clarification. Resolved without legislation.





18. CLARIFICATION OF TRAFFIC ENFORCEMENT AUTHORITY EXERCISED PURSUANT TO MUTUAL AID AGREEMENTS - Local courts in various jurisdictions have issued conflicting rulings regarding the authority of law enforcement officers to enforce civil traffic infractions while engaging in activities outside of their territorial jurisdictions pursuant to a mutual aid agreement. FPCA supports legislation that will clarify this issue by providing that law enforcement officers are authorized to enforce civil traffic infractions under such circumstances. This issue was not addressed.

1. PROPOSED AMENDMENTS TO CHAPTER 112, FLORIDA STATUTES - Amendments were proposed to Chapter 112 that would have drastically affected the ability of law enforcement agency heads to investigate misconduct allegations. These proposals are strongly opposed by all professional law enforcement associations. The FPCA opposes any amendments to Chapter 112 that would impair the ability of law enforcement agencies to conduct internal investigations appropriately. SB 666 died in committee in the Senate, and HB 157 died on the calendar in the House.





2. CONTRABAND FORFEITURE - Contraband forfeiture is an effective crime fighting tool that turns the fruits of criminal activity against criminals and relieves taxpayers of some of the burden of paying for the fight against crime. Forfeiture law has been extensively amended in the recent past and further changes would damage its effectiveness. The FPCA opposes any changes to the forfeiture law that would reduce the usefulness of this valuable tool. (i>There were no adverse proposals filed during the 1999 Legislative Session.





3. SOVEREIGN IMMUNITY - The FPCA opposes legislation which would raise the liability cap for local governments. This issue was not active during the 1999 Legislative Session.