Florida Police Chiefs Association - 2003 Legislative Report

1998 FPCA Legislative Report

OVERVIEW

The Association had one prime initiative for 1998, and supported or opposed a number of other issues. The Florida Legislature adjourned on May 1, 1998. Many bills containing numerous amendments passed on the last two days of the session. It will take some time to determine what issues are contained in some of the lengthier bills passed in those final days. Many bills which died ended up being passed as amendments to other bills. The following is a recap of the Association's issues as of May 8, 1998. Also included are some other items which may be of interest to Association members.

FUNDING FOR LAW ENFORCEMENT TRAINING - SECOND DOLLAR TRAINING FUNDS - The Florida Police Chiefs Association's primary legislative initiative for 1998 was to restore second dollar training funds which were lost when the $2.00 court cost that supplied these funds was removed from non-criminal traffic infractions in 1989. The second dollar issue was added to a bill that created a court cost to fund Crime Stoppers. HB3255 passed on April 28, 1998. It became law without the Governor's signature on May 29, 1998. Ch. 98-319.

THE FPCA SUPPORTED THE FOLLOWING INITIATIVES:

1. ADEQUATE FUNDING FOR JUVENILE ASSESSMENT CENTERS - To provide adequate services, Juvenile Assessment Centers need to receive funding proportional to the numbers of juveniles served. FPCA supported this concept. Proportional funding for assessment centers was included in the General Appropriations Act passed by the Legislature.

2. HANDGUN SAFETY LOCKS - Legislation was proposed requiring that child safety locks be provided along with handguns sold at retail. FPCA supported this legislation. This issue was withdrawn from consideration by its sponsor.

3. RECORDING NON-EMERGENCY LINES - Legislation was proposed to permit the recording of emergency incoming telephone calls made to published non-emergency lines at law enforcement agencies. FPCA supported this concept. There was no bill filed.

4. DEFINITION OF JUVENILE ASSESSMENT CENTERS - The establishment of a clear statutory definition of Juvenile Assessment Centers that will assure uniformity in the types of services provided by such centers was an issue supported by the FPCA. B2288, containing an extensive definition of assessment centers, passed on May 1, 1998. It became law without the Governor's signature on May 22, 1998. Ch. 98-207.

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. Resolutions to put the issue on the ballot were filed, and passed in the Senate, but failed in the House when the Legislature adjourned.

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 was proposed which would make such records confidential for public employees by providing exemptions in the Public Records law. FPCA supported this legislation. This legislation passed and became law on April 11, 1998. Ch. 98-8.

7. ACCESS TO RECORDS OF PRIOR EMPLOYERS - Legislation was 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 supported such legislation. CS/HB 3535 passed the House on May 1, 1998, but died in messages to the Senate.

8. SEX CRIMES / TECHNICAL CHANGES - Legislation was introduced to make technical changes which would facilitate the investigation and prosecution of sex offenses in which children and the elderly are victims. FPCA supported this legislation. Legislation was filed on this issue, but was never heard by any committees. (SB 798 and HB 3489).

9. RESCHEDULING OF KETAMINE HCL - A bill was introduced to reschedule Ketamine HCL to a Schedule II drug. SB276 passed the Senate on April 1, 1998, and died in messages to the House. HB 4419 was never heard in the House.

10. HOSPITAL RELEASE OF BLOOD ALCOHOL TEST RESULTS - Legislation was proposed to permit officers to obtain these test results directly from hospitals without obtaining a court order. HB1137 passed on April 15, 1998, and was signed by the Governor on April 28, 1998. Effective date: July 1, 1998. Ch. 98-27.

11. LOCAL CONTROL OF FIREARMS INSIDE GOVERNMENTAL FACILITIES AND BY ON-DUTY EMPLOYEES IN THE WORKPLACE - Legislation was proposed 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. HB503 was withdrawn from consideration on December 4, 1997.

12. IMPOSITION OF 911 ACCESS FEES TO CELLULAR SERVICE - Legislation was proposed to permit local governments to assess a fee for 911 access by cellular telephones. No action was taken on this issue.
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 amended to allow the salaries of 911 dispatchers to be supported from these fees as well. FPCA supported the concept of an amendment that will allow the 911 fees to support 911 dispatcher salaries. No action was taken on this issue.

14. PRIMARY SEATBELT ENFORCEMENT - Legislation that would change the enforcement of seat belt usage from secondary to primary enforcement was proposed. The legislation was supported by FPCA. HB 447 passed the House on April 23, 1998, but the Senate companion, SB 242, was never considered.

15. PROHIBIT MINOR PASSENGERS IN PICKUP TRUCK CARGO AREAS - Legislation was proposed that would prohibit minor passengers from riding in the cargo areas of pickup trucks unless it is equipped with approved restraints. FPCA supported this legislation. SB1502 was withdrawn from consideration. There was no House companion filed.

16. PENALTY INCREASE FOR THIRD D.U.I. CONVICTION - Legislation was filed which would increase the penalty for a third and subsequent conviction for D.U.I. to a third degree felony. FPCA supported this legislation. HB3257 passed the House on April 27, 1998, but died in messages to the Senate.

17. FINE SURCHARGE FOR CRIME STOPPERS TRUST FUND - Proposed legislation would add a surcharge of $20.00 to criminal convictions in county and circuit court which would be deposited in a Crime Stoppers Trust Fund. FPCA supported this legislation. HB3255 was passed on April 28, 1998, and sent to the Governor. It became law without the Governor's signature on May 29, 1998. Ch. 98-319.
18. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER - Legislation was proposed that would upgrade the penalty for fleeing or attempting to elude a police officer from a misdemeanor of the first degree to a felony of the third degree felony. It would also delete the phrase "high speed" and replace it with "regardless of the speed of the pursuit." If the officer is in a prominently marked police vehicle with agency insignia and other jurisdictional markings and has lights and siren activated, the penalty would be upgraded to a felony of the second degree. FPCA supported this legislation. HB4059 passed on April 24, 1998. It became law without the Governor's signature on May 27, 1998 Ch. 98-274.

FPCA OPPOSED

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 were strongly opposed by all law enforcement. The FPCA opposed any amendments to Chapter 112 that would impair the ability of law enforcement agencies to conduct internal investigations appropriately. HB 3161, a proposal by the F.O.P which does not adversely affect investigations, was not opposed, and passed on April 22, 1998. It was signed into law by the Governor on May 27, 1998. Ch. 98-249. All other proposals failed.

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 opposed any changes to the forfeiture law that would reduce the usefulness of this valuable tool. No damaging proposals were filed.

3. FLORIDA CRIMINAL PUNISHMENT CODE - FPCA opposed any changes to the Florida Criminal Punishment Code, except for strictly technical changes. SB 1522, which passed the Legislature, made only technical changes. It became law without the Governor's signature on May 22, 1998. Ch. 98-204.
4. SOVEREIGN IMMUNITY - The FPCA opposed legislation which would raise the liability cap for local governments. No legislation passed which adversely affected the liability cap.
OTHER ITEMS OF INTEREST

A number of bills passed which contain items of interest and are listed below:

1. HB 3275 amended s. 318.18, F.S., to provide that exceeding a speed limit by 5 mph or less will subject a violator to a warning only.

2. HB 3345 contains provisions regulating tow truck operators, and requires police agencies to give written notice to a wrecker operator of an order to hold a towed vehicle within 5 business days if they wish the vehicle to be held for a longer time. Once such written notice issues, the police agency will be responsible for subsequent storage charges.
3. HB 909 established reciprocity with other states regarding persons with valid concealed weapons permits, allowing residents of many other states to legally carry concealed weapons in Florida. It was vetoed by the Governor.

4. HB 3131, HB 3491 and SB 1684 all contain provisions relating to the Florida Retirement System, the DROP Plan, vesting periods, and health insurance supplements.

5. HB 3173 and SB 1462 relate to Municipal Police and Fire Pension Trust Funds.