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1998 FPCA Legislative Initiatives


FUNDING FOR LAW ENFORCEMENT TRAINING - In recent years, the Legislature has imposed a number of in-service training requirements on local law enforcement agencies. To help fund this training, the Legislature provided that training funds for local law enforcement agencies could be derived from $2 assessments imposed upon convictions in criminal traffic offenses. Subsequent to the creation of these funding sources, amendments were passed that reduced the amount of training funds that were produced by eliminating the imposition of the assessments on civil traffic infractions. FPCA will support and advance legislation which will restore these funding sources.

FPCA WILL SUPPORT

  1. ADEQUATE FUNDING FOR JUVENILE ASSESSMENT CENTERS - In order to effectively protect the public, prevent crime and divert young people from entering into a life of crime, Juvenile Assessment Centers provide essential services of identification, classification, and referrals for at-risk juveniles. To provide these services, Juvenile Assessment Centers need to receive funding proportional to the numbers of juveniles served. FPCA supports legislation that will provide such funding.

  2. HANDGUN SAFETY LOCKS - Legislation is being proposed which would require that a child safety lock be provided along with every handgun sold at retail. The President of the United States and 80% of the handgun manufacturers and dealers in the country have agreed that such a measure would be beneficial and would prevent many deaths and injuries. FPCA supports such legislation.


  3. 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.


  4. DEFINITION OF JUVENILE ASSESSMENT CENTERS - Currently, there is no clear statutory definition of juvenile assessment centers that will assure uniformity in the types of services provided by such centers. FPCA supports a definition of juvenile assessment centers that will provide such uniformity.


  5. STOP TURNING OUT PRISONERS PETITION DRIVE - The STOP organization is continuing to obtain signatures to place a proposal on the November 1998 ballot to amend the Florida Constitution to require that any person sentenced to prison serve at least 85% of the sentence imposed. This requirement became law in 1995. A constitutional provision is nonetheless important in that such a minimum imprisonment requirement is a statement of fundamental state policy regarding punishment of offenders. FPCA has supported, and will continue to support, the efforts of the STOP petition drive.


  6. EMPLOYEE ASSISTANCE PROGRAMS CONFIDENTIALITY - As Employee Assistance Programs become established for public employees, particularly for police officers, there are concerns regarding the confidentiality of records created by such programs. Legislation is being proposed which would make such records confidential for public employees by providing exemptions in the Public Records law. FPCA supports this bill.


  7. 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.


  8. SEX CRIMES / TECHNICAL CHANGES - Representative Sally Heyman is filing a bill, at the request of sex offense investigators, to make technical changes which will facilitate the investigation and prosecution of sex offenses in which children and the elderly are victims. FPCA supports this legislation.


  9. 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.


  10. HOSPITAL RELEASE OF BAC RESULTS - Presently, officers who have probable cause that subjects are DUI are unable to obtain BAC results directly from hospitals treating those subjects without obtaining a court order. FPCA supports a MADD initiative to permit hospitals to supply investigating officers with this information upon request.


  11. LOCAL CONTROL OF FIREARMS INSIDE GOVERNMENTAL FACILITIES AND BY ON-DUTY EMPLOYEES IN THE WORKPLACE - The FPCA supports a proposal by Representative Tobin which would authorize local governments to regulate or prohibit the possession of firearms by public employees during working hours and to regulate or prohibit the possession of firearms in facilities controlled by the local government.


  12. 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.


  13. 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 ammended to allow the salaries of 911 dispatchers to be supported from these fees as well. FPCA supports an amendments that will allow the 911 fees to support 911 dispatcher salaries.


  14. PRIMARY SEATBELT ENFORCEMENT - The FPCA has supported this issue in the past and that support continues.


  15. PROHIBIT MINOR PASSENGERS IN PICKUP TRUCK CARGO AREAS - Legislation is pending that will prohibit minor passengers from riding in the cargo areas of pickup trucks unless equipped with approved restraints. The FPCA has supported this issue in previous legislative sessions, and continues this support.


  16. SUPPORT FOR DEPARTMENT OF JUVENILE JUSTICE - FPCA supports the efforts of the Department of Juvenile Justice to function s a criminal justice agency; to increase juvenile detention space across the state; and to increase the amount of available commitment space.

FPCA OPPOSES

  1. PROPOSED AMENDMENTS TO CHAPTER 112, FLORIDA STATUTES - Florida law already adequately provides for the rights of law enforcement officers who are under investigation for alleged misconduct. In 1997, amendments were proposed that would have drastically affected the ability of law enforcement agency heads to investigate misconduct allegations. This proposal was strongly opposed by all law enforcement. In order for governmental agencies to properly manage law enforcement departments, and maintain public confidence, it is important that the current, delicate balance not be upset by radical changes to the existing law. The FPCA opposes such amendments to Chapter 112.


  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 will reduce the usefulness of this valuable tool.


  3. FLORIDA CRIMINAL PUNISHMENT CODE - FPCA opposes any changes to the Florida Criminal Punishment Code, except for strictly technical changes.


  4. SOVEREIGN IMMUNITY - The FPCA opposes legislation which would raise the liability cap for local governments.


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