98-22633 RESO
RESOLUTION NO. 98-22633
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING THE 1998 STATE LEGISLATIVE AGENDA.
WHEREAS, the City's State Legislative Team has met with the Mayor, Commissioners, and
the Administration relative to the City's needs; and
WHEREAS, the City's State LegislativeTeam has met with Department heads and City staff
to ascertain their needs; and
WHEREAS, the City Administration has communicated with the City's representatives and
members of the Florida State House and Senate; and
WHEREAS, the City's numerous state-level needs have been assessed and prioritized to
produce the most effective use of its legislative team.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommended and/or
amended State legislative agenda for the 1998 Legislative Session be approved.
PASSED and ADOPTED this
7th
day of January, 1998.
tI
ATTEST:
R6~ Yik~
City Clerk
F~DAS TO
& FORI lANGUAGE
EXECuTION
1t, Milt
t- 2/ ~11t;
Oat.
:;ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci.m iam i-beach. fl. us
COMMISSION MEMORANDUM NO. j <.0 - CL [
TO:
Mayor Neisen O. Kasdin and
Members of the City Comm'ssion
DATE: January 7,1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLU OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE 1998
LEGISLATIVE AGENDA TO BE PRESENTED TO THE CITY'S STATE
REPRESENTATIVES FOR THEIR CONSIDERATION DURING THE 1998
STATE LEGISLATIVE SESSION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The City's State Lobbyists (Gary Rutledge, Fausto Gomez, and Bob Levy) met with the Mayor, City
Commissioners, and the Administrative staff to discuss the Legislative Priorities for the 1998 State
Legislative Session.
ANAL YSIS:
The list of priorities for the 1998 Legislative Session was compiled by the City's State Lobbyists,
the Department of Development, Design, and Historic Preservation, various City Departments, along
with input from the Office of the Mayor and City Commission. The draft agenda is attached for
Commission review and comment.
CONCLUSION:
The Administration recommends that the City Commission review the proposed legislative package,
establish priorities, and adopt the attached Resolution.
SR:~
Attachments
AGENDA ITEM L /6-
DATE l-i-9Z
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PAGE 10
RUTLEDGE, ECRNIA., UNDERWOOD, PuRNl<n...L & HOFFMAN
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS AT LAW
STEPHEN A. ECENIA
KENNETH A. HOFFMAN
THOMAS W. KONRAD
MICHAEL G. MAIDA
J. STEPHEN MENTON
R. DAVID PReSCOTT
HAROLD F. X. I'URNELl.
GARY R. RUTI.EDGE
R. MICIiAfL uNOeRWOOD
Wlu.IAM a. WlWNGHAM
POST OFFICE BOX 551, 32302~5S1
<!15 SOUTH MONROE STREET, SUITE 420
TALLAHASSEE, Fl.O~IOA 32301-1841
OF COUNSEL:
CHARLES F. DUDLEY
TELEPHONE (S:lO) 681-6700
TELf:COPIER (850) 681..6515
GOVERNMENTAl. CONSUL TANTS~
PATRICK R. MALOY
AJJiV J. YOUNG
MEMORANDUM
BY FACSIMILE TRANSMISSION
TO:
Harry Mavrogenes and Randy Marks
City of Miami Beach
FROM:
Gary R. Rutledge, Esq.
Margie Menduni
Fausto Gomez
Bob Levy
DATE:
December 29, 1997
RE:
1998 Legislative Priorities
1.
Beach Renourishment
As directed by the 1997 Legislature, encourage establishment
of a dedicated appropriation for beach renourishment, including
funding for both damage repair and preventive research.
Investigate the possibility of the City receiving the $250,000
for the beach demonstration project which was vetoed last year or
other money for other preventive projects.
2. Absentee Ballot Reform
Encourage legislative initiatives to reform the absentee
ballot process to prohibit ballot broke ring and such activities'
inherent problems.
3. Economic Development/Entertainment Production Industry
Change the existing statewide sales tax rebate to an upfront
sales tax exemption incentive for certified film, television,
commercial and still photography production, applicable to
machinery, equipment and supplies that may be purchased, rented
Or leased for production and/or post-production in Florida.
RU'1'LF.DGF.. EOENTA. UNDF:RWOOD, PuRNELl. & I-IOl"J.i'MAN
December 29, 1997
Page 2
4. Mirabella Site
Continue to monitor the MPO study of the Mirabella/Collins
Avenue site with an eye toward future funding for improvements to
Collins Avenue.
5. Fire Station Capital Improvements
Investigate the possibility of state funding assistance in
regard to capital improvements for Fire Stations #2 (23rd and
Pine Tree) and #4 and/or for needed equipment and related
improvements.
6 _ Pawn Shop Reform
Promote passage of legislation to create a South Florida
pawn shop and secondhand dealer electronic reporting system.
7. Historic Preservation/Corporate Tax Credits
Promote passage of HB 1355 which establishes a tax credit
for corporations which substantially renovate historic buildings
used for commercial purposes.
8. Log Cabin Funding
Promote an alternate funding source for the 21 percent of
the annual budget previously funded through DOE.
9. Polioe and Fire Depar~ent IssueS
Support Police and Fire Department initiatives as set forth
in staff memos and their professional association agendas.
~o. Parka/Recreation Property Acquisition
support acquisition of additional property for waterfront
parks and recreation in the City of Miami Beach.
In addition, w@ will provide lobbying and monitoring of
numerous secondary issues which Commissioners, Administration and
staff have discussed with us.
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DEC-2S-S7 12,11 F~OM,~UTLEDGE ECENIA ET AL
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2
BACKGROUND INFORMATION FOR
MiAMI BEACH LEGISLATXVE PRIORITIES
1. Beach Renourishment
Historically, the state of Florida has recognized the
importance of its beaches to the tourist industry. Recent
statistics by the Florida Shore and Beach Preservation
Association indicate that Florida beaches generate $~6 billion
annually for the state's economy, 250,000 jobs and more than $500
million in state sales and use taxes. The Legislature, however,
has been erratic in its funding of beach preservation. Florida's
Department of Environmental Protection (DEP) estimates that it
needs between $30-35 million annually over the next 15 years to
fund its beach management program. Each coastal county has
submitted to DEP a long-term beach erosion control plan to the
year 2007. DEP, in cooperation with the counties, then
prioritizes the statewide needs, with federal and local funding.
OVer the years, the federal government's contribution to beach
erosion has been decreasing. For example, total federal
participation for the 1998-99 cycle in Dade County is expected to
be $16 million, whereas in the year 2002, the federal
contribution is projected to be $125,000.
During the 1997 Legislative Session, the Florida Beach and
Shore Preservation Association supported a bill which would have
imposed a tax on the cruises to nowhere, the revenues from which
would be used for beach preservation. That bill faced resistance
and passed as only a legislative directive to DEP to find a
dedicated funding source for beach management.
Additionally, the City, through the efforts of its
legislative representatives and lobbying team, secured a $250,000
appropriation to develop a breakwater reef structure at its
erosion hot spot (28th Street to 32nd Street). The Governor
vetoed the appropriation. citing the source of funding, Florida
Hurricane Catastrophe Fund (CAT Fund), to be an inappropriate
source. Many legislaCors disagreed with the Governor's veto and
requested the Senate Committee on Banking and Insurance to
conduct a study over the interim on the use of mitigation funding
from the CAT Fund. The study concludes:
Funds for the sand dune restoration projects, the
appropriations made last session appear to be within
the statutory limitations, which is also the opinion of
the in-house counsel to the CAT fund.
The report, however, does recommend that the Legislature give
priority lito those programs that will benefit residential
property insurance policyholders and which are the most effective
in reducing hurricane losses..."
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3
At this time, DEP has not come forth with any recommended
dedicated revenue source. The budget for 1998-99 has already
take~ a ?200 billion hit for appropriations made during special
Sess~on ~n November, 1997. Numerous factors will playa part in
the final determination of beach funding for the 1998-99 fiscal
year.
2. Absentee Ballot Refor.m
Recent elections in Miami as well as in other sections of
the state have pointed to widespread abuses in the absentee
ballot process. Some purported fraudulent activity included
votes cast by people not living within the boundaries of the
election, voters who moved into the district just prior to the
election and absentee ballots cast by deceased citizens.
Commissioner Smith has proposed reforms including the
following:
a. Prohibiting the payment of money or other
considerations to any person for soliciting, witnessing, signing,
collecting or delivering absentee ballots. The practice of
. "ballot brokering" must be stopped.
b. Limiting the number of absentee ballots that can be
witnessed by one person, perhaps no more than three. Absentee
ballots chould require two witnesses_
c. Requiring voters to request their own absentee ballots
from the Election Department in writing and to explain why they
need to vote absentee.
d. Insuring that it is the voter and not someone else who
actually marks the absentee ballot. Voters should not be allowed
to vote by "proxy.1I
The Senate committee on Executive Business, Ethics and
Elections has organized a subcommittee chaired by Senator Jack
Latvala to examine this issue and make recommendations. The
lobbying team will be working with this committee to make changes
in current ballot broke ring practices.
3. Economic Development/Entertainment production Industry
According to the Miami Beach Fashion, Film, Television and
Recording Committee, the entertainment production industry is an
important part of Florida's economy. It spends over $650 million
annually within the state and employs thousands of Floridians in
stable, high-wage jobs. Competition among states for this clean
industry is intense. The current perception of Florida is that
it has an upcoming but not established pool of professionals. In
reality, there is a huge pool of professionals spread throughout
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4
the state who do not have the time or funding to pool resources
and promote their industry.
The House Tourism staff, under the direction of
Representative Bruno Barreiro, conducted a study over the
interim, looking for ways to grow the industry. The staff sent
out surveys, held public hearings and the legislators who sit on
the House Tourism Committee also visited various locations
throughout the state to assess the industry.
Numerous problems surfaced which can be summarized into
three categories: the cumbersome rebate tax incentive,
inefficiencies in the current statewide promotional organization
and lack of funding for production and marketing.
On October 7, 1997, the Miami Beach Fashion, Film,
Television and Recording Committee met and passed a resolution
urging lithe Mayor and City Commissioners of the City of Miami
Beach, Florida to urge state legislators to change the existing
statewide sales tax rebate to an up-front sales tax exemption
incentive for certified film, television, commercial and still
photography production applicable to machinery, equipment and
supplies that may be purchased, rented or leased for production
and/or post-production in Florida. II
4. Mirabella Site
The property located at 6000 Collins Avenue is in an area of
dense development and in a configuration creating a dangerous
road condition. The City requested that the State and U.S.
Departments of Transportation purchase this site and straighten
Collins Avenue in that area. Both depar.tm~nts responded
negatively. The state legislative team facilitated a meeting
with FOOT, Commissioner Shapiro and City officials to discuss the
matter. The team further, through the assistance of County
Commissioner Gwen Margolis and Julio Grave de Peralta, Director
of Public Works, . City of Miami Beach, managed to get the MPO to
include in its five-year plan a study of this area. The cost of
the feasibility study is estimated at $~50,OOO. No commitment of
local matching funds was made. A resolution in this regard will
be presented to the City Commission in the future. The
legislative team will continue to monitor the MPO study with an
eye toward future funding.
5. Fire Station Ca~ital rmprovements
Both Fire Stations #2 and #4 were built in 1939 as fire
"houses. II Since that time, fire equipment has become
significantly larger and neither fire house can accommodate
modern fire trucks.
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Fire Station #2 (Pine Tree Drive) is also located on a busy
intersection where trucks must be backed into the facility.
Trucks are currently housed in the repair facility which was
built more recently. Also, there are no facilities at this
station to properly accommodate female firefighters.
Fire Station #4 (Indian Creek Drive) has a leaky roof which
must be replaced; the floor is unsafe; there is only one bathroom
in the entire station. The station is located next to the
seawall and is slightly below sea level. Regular flooding is
experienced at the site.
The Fire Department's long-range capital projects plan
includes the following.
Fire Station #?
A two-part renovation is required for this site.
A. The current fire house would be renovated to become the
administrative building. The building will accommodate the Fire
Chief'~ nffic~, Fire Prevention and Fire Rescue/EMS Divisions.
B. A new station would be built behind the current fire
house to accommodate emergency vehicles, equipment and
dormitories.
Fire Station #4
There is no room for additional buildings on the current
site of Fire Station #4. The Fire Department recommends that a
new station be built, preferably on City property on the north
end, specifically in the North Beach area where construction
equipment is currently housed. The Department feels that a new
station in this location would better serve the entire northern
section of the City. The City then would have the current beach
property available for whatever project it chose.
Following are figures from the Fire Department's long-range
plan:
FIRE STATXON i2A
A. Renovate existing building
OVERVIEW OF ESTIMATE
Administration Office
Rescue Division
Prevention Division
3,208 sq. ft.
2,645 sq. ft.
1,449 sq. ft.
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TOTAL ADMINISTRATIVE AREA
7,302 sq. ft.
1.
2.
3 .
4.
7,302 sq. ft. x $90/sq. ft.
Planning/Design
Administrative Oversight
Equipment
$657,180
65,718
78,861
100.000
TOTAL COST FOR FIRE STATION #2A
(RENOVATION OF EXISTING FACILITY)
$901,759
FIRE STATION #2B
B. New atation
ESTIMATED COST FOR NEW FACILITY ON SITE OF FIRE STATION #2
1.
2.
3.
4.
5.
6.
10,534 sq. ft. x $90/sq. ft. $
3,500 cu. ft. x $6.45/cu. ft.
Planning/Design (10%)
Administrative Oversight (12%)
Equipment
Detached Training Tower (purchased
and erected from Fire Facilities,
Inc. )
250.000
948,060
22,575
97,063
116,476
200,000
TOTAL ESTIMATED COST FOR FIRE STATION 2B $1,634.174
FIRE STATION #4 (NEW STATION)
1.
2.
3.
4.
5.
6.
7.
10,260 sq. ft. x $90/sq. ft.
3,500 cu. ft. x $6.45/cu. ft.
Planning/Design (10%)
Administrative Oversight (12~)
Site Preparation
Land Acquisition
Equipment
$ 923,400
22,575
94,597
113,517
250,000
850,000*
200,000
*If land is not City property
TOTAL ESTIMATED COST FOR FIRE STATION #4 $2,454,089
SUMMARY OF ESTIMATED COSTS
FIRE STATION #2
A.
B.
RENOVATION
NEW STATION
901,759
1,634,174
FIRE STATION #4
2,454.089
TOTAL ESTIMATED COSTS
$4;990;022
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7
6. Pawn ShOD Leqislation
The recent Versace murder in the City brought negative
international attention to Miami Beach. Some time after the
murder, it was discovered that the alleged murderer's
fingerprints were waiting to be put on file with the City police
department. He had recently pawned an item locally at which time
his fingerprints were taken and conveyed to the police through
the usual paper route. Had the name, address and fingerprints
been electronically transmitted to the City, the county and FDLE,
the matchup of this alleged murderer on the Most Wanted list
would have been discovered within hours rather than days.
Since the shooting, Representative Elaine Bloom has held
meetings throughout South Florida and along with Senators Ron
Silver and Skip Campbell, is proposing legislation which will
create a South Florida pawnshop and secondhand dealers electronic
reporting system. Although a statewide linkup would be the most
ideal, it would take longer to achieve, so a regional system
including Dade, Broward and Palm Beach is being proposed. The
proposed legislation would allow law enforcement to keep tabs on
sales to pawn shops and secondhand dealers in real time. The
.system would also assure consumers that their personal
possessions are not being stolen in the City of Miami Beach and
pawned across county lines in South Florida.
7. ~rPorate Tax Credits/Historic Preservation
In an attempt to preserve historic buildings and promote
corporate participation, the Department of State, Division of
Historic Preseryation is proposing a corporate tax incentive
program for rehabilitating qualified historic buildings. The
program, which has a $1 million annual cap statewide, would
provide credits from $51000 to $200,000 for a qingle approved
project. The property must be used for commercial purposes and
be listed in the National Register of Historic Places.
George Percy, Director of the Division of Historic
Resources, points to the program as ideal for cities, encouraging
downtown restoration, revitalization of inner city neighborhoods
and/or increasing jobs in an economically underprivileged area of
the city. The program can be combined with the enterprise zone
program and can also take advantage of brownfield legislation
passed during the 1997 Session.
Although the bill was estimated to have a $1 milJion fiscal
impact, Mr. percy has listed offsets which make the program
profitable in two years. The proposed legislation has the
support of both the League of Cities and the Florida Association
of Counties.
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8
8. Loq Cabin Funding
The Log Cabin is a teaching facility for developmentally
disabled citizens. It has two programs. The first program
teaches clients vocational skills related to the plant nursery
business. There is a nursery on site and individuals learn
skills related to this industry and also sell their products.
The second program teaches what in health Care is called
"activities of daily living."
Log Cabin has 52 clients and its annual budget is $478,000.
Fifty percent of the funding is through the Adult Day Training
Program in the state's Department of Children and Family
Services; 29 percent is funded through general revenue of the
City of Miami Beach; 21 percent is funded through the Department
of Education through the County's Adult Education appropriations.
During the 1997 Legislative Session, SB 1688 passed which
was a major reorganization of funding for adult and vocational
education statewide. The adult education segment was reorganized
to synchronize with the WAGES program. It shifted funding toward
an outcome measurement model, that is, funding will become
dependent upon participants meeting stated goals and moving out
of the program into the workforce. An unintended consequence of
SB 1688 is the elimination of services to a sector of the
developmentally disabled and those clients who do benefit from
job training and cannot meet the per.formance standa.r.ds and
timeliness in the legislation.
Another mechanism needs to be found to provide approximately
$100,000 annually.
9. Police and Fire De~artment Issues
A. Fire Department/EMS Transport Issues
1. Oppose any legislation to eliminate the County
authority over Certification of Public Convenience and Necessity
as listed in the Florida Administrative Code, Rule 64E-2.082.
2. Oppose any attempt by Medicaid to cut payment for pre-
hospital EMS transport.
Currently, an ambulance service must be licensed by the
Department of Health but also must obtain a Certificate of Public
Convenience and Necessity from each county in which it proposes
to operate. This arrangement gives local government the ability
to monitor the quality of emergency transport services. In Miami
Beach, if a citizen has a medical emergency and dials 911, the
City's Fire Rescue unit responds to the call. They may treat the
patient at the scene and/or transport to the hospital.
-7-
With the emergence of managed care, a number of health care
providers, i.e., hospitals, want to be able to provide ambulance
serv~ce and con~ract ~ith that service to exclusively provide
serv1ces to the~r pat~ents. Presumably, they would set up a
system for their patients whereby they called another emergency
number, for example, 211 in the case of a medical emergency and
the ambulance service which has contracted with the hospital
would respond.
In addition to the quality of care issue, a financial impact
is also involved. Currently, the City of Miami Beach's EMS
division receives $1.3 million in transportation fees annually.
The division also fears the possibility of a "dumping" and/or
"cherry picking" situation whereby private ambulances could
choose not to respond to large-scale or severe accidents which
tie up personnel and equipment for a longer period of time.
Since the federal government has been awarding Medicaid
payments in "block grant" fashion, the state has had considerable
flexibility in determining which services will be covered and for
what amount. The state has been trying to cut out Medicaid
payments for emergency medical transportation, provided by local
governments reasoning that citizens pay taxes supporting their
. fire departments and should therefore not also be paying for
these services through Medicaid.
B. Police Department
Support the 1998 legislative issues of the Florida Police
Chiefs Association as listed herein.
10. Parks/Recreation Property Acquisition
Support acquisition of additional property for waterfront
parks and recreation in the City of Miami Beach.
50 , \tlSERS\GAIL \M1IRGIJ:\r1BBItClU). Dlll
-8-
1998 LEGISLATIVE ISSUES
FPCA LEGISLATIVE INITIATIVES
1. FUNDING FOR LAW ENFORCEMENT TRAINING -In recent years, the Legisla1ure has imposed a
number of in-lecvice train"'G requirements on local law enfo~ment agencIeS. To help tund this
tratntng, the LegISI8tuI'l;l provided that traIning funds fer locallsw entorcernent agenoe!l could be
derived frOm $2 l!88eSSmQf\1S Imposed upon \Xlnvtcttons in criminal and tratftc offense;. Subsequent
to the creatlon of these funding sources. amendments were passed that reduced the amount of
...,.Inino flllV'l. thm WP.rP. pmnlllwi hy AlimlnRftno thA impnAlti"" nf th" ~c:mMn; "n rivll tr::tfflr.
Infractions. FPCA will support and ad'IanC8 legislation which will restore these fultt1ing sources.
FPCA WILL SUPPORT
1, ADEQUATE FUNDING fOR JUVENILE ASSESSMEN1" CeNTeRS -In order to eft'eCtIYeIY protect
the public, prevent crtme and divert young people for entering into a life of crime. Juvenile
AMessmer'It Centers ptO'Iide lIIential seM~ of idl:l,lffit..1tiol.. dassibllcn. and refemlls for at-risk
Juvenites. To provide these .serviceS, JUV8f1i1e Assessment Centers need to receive funding
proportional to the numbers of juveniles served. FPCA supports _isIatIOn that win provide such
funding.
2. HANDGUN SAFETY LOCKS -legislBtion is being proposed which would requIre ~at a chnd safety
lock be provided along with every h_ndgun sold et retail. The Preeident of the United States and
80% of tne handgun manufacturers and dealerS in the country.hava -greed tJ'lat such a measure
would be bIrleficial and would prevent many deattls and injuries. F.~ supports such legisfatJan.
3. ReCORDING NON~MERGENCY LINES . Chapter 934. Florida Statutes, currently prUtibits
rec:ofdlng incoming or autgaing telePhOne c;.slls, except for published gavemmerrtel emerge~ lines.
In many ~ emerget\Cy calls are made to published nan-emerg9l1CY Hnes at law enforcement
aget'~~ To pmper1y handle and dllpsfd1 help ID such cans. it is often necessary to ~pIay the ~II,
therefore the abUity t.o record is very Impo~nt. FfICA SUpports a proposal to allow recording en
published no~ laW enfoIcement lines.
4. DEFINmON OF' .IlJVENILE ASSESSMENT CENTERS - CumatUy, ttlere Is no dear statutory
definition of juvenile asseeement ce~ that win auunl unitbrmity in the types of services provided
by such centers. FPCA suppor1s a definition of juvenile nsessment centers that wtn provide suCh
uniformity.
5. STOP TURNING OUT PRISONERS PElTTION DRIVE - Tl1e STOP organIZation is conttnuing to
obtain signatures ID place a proposal on the November 1998 banot to emend the FJor1da ConstitutiOn
to require that any person 88ntenced tD prison serve at Jegst 85'!. d the sentenCe imposed. This
requirement became law in 1995. ^ constltuUanal provision II nonetheleSS Important In that such a
minimum imprisonment requin!mer'lt is a statement offundam8nta1 slBte polley regarding punishment
of offenders. FPCA haS supported, and win continue to support, the eIfcrts oflne STOP petItIOn dt1Ye.
6. EMPLOYEE ASSISTANCE PROGRAMS CONFIDEN11Aurt - As Employee ~1anc;e programs
beQome established tJr public: employees, partleularty fer police officers, there are canoemG ~arding
the confidentiality of records cte8ted by such programs. legislation is being proposed which would
make such records oonfidential fer public employees by providing exemptions In 1I1e PubflC Records
law. FPCA supports 1I1ie bin.
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7.l7.f.-qRf.(O~9) JQSSY S~ilB~ ~I~Od YaI~~ so:;t L6/6t/lt
SISSleSIr0S'OI 'v .r.::' VIN3:l3 3:>03'.r.0i!.I'WOi!l.:l SIr'lrt LS-St-:l30
7. ACCESS TO ~ECORDS OF PRIOR EMPlOVERS - Legislation is being proposed thBt would require
~ to provide recordS conc:eming ronner employees to pr'QlPedive employers for background
investigation purposes. Legis/don that makes this information obtainable would be very beneftclal
to law enforc8rnent agencies seeking the best polJlible cancfldates. FPCA suppot18 euch legislation.
8. SEX CRlMESlTECHNICAL GHANGES - Repre!entatlve Sally Heyman is filing a bill, at the reql!eM
of sex offense Investigators, to make lechnical changes which will facilitate the investigation ~"d
prosecution of sex offenses in Whictl children. rII'Id the elderly are victims. FPCA. supports ttlls
legislation. .
9. RESCHEDULING OF Ketamlne HCL - l1'111 drug Ketamine HCl has become a serious problem in
m<lny CDI'mlUIlItle&. A prtlpOSBl has been made to reschedule Ketamlne HCl. to 8 Schedule II drug.
FPCA suppolU this proposal.
10. HOSPITAL RELEASE OF HAC RESULTS - Presently, officers who haw probable cause that
subjects are CUI are unabte to obtain BAC results directly trom hospitals trBating those subjl!ds
without otrtalnlng a court order. FPCA sl4)pol1S a MADO Initiative to permit hoSpitalS to supplY
im.estigating officers wlIh thI& infDrmatian upon request.
11. LOCAL CONTROL OF FIREARMS INSIDE G~RNMEHTAL FACILITIES AND BY ON-DUlY
EMPLOYEES IN THE WORl<PlACE - The FPCA supports a proposal by Representatlve Tobin
which would authorize local govemments to regulate or prohibit the IXlS8eSSion of fiream'lt by pubflC
employees during wor1ting hours and to regulate or prohibit tt1e possession of firearms in facilitIes
. ~trolled by the local government
IMPOSITION OF 811 ACCESS FEES TO CELLUlAR eeRVICE~-curremIy, conventional telephone
lIoes are assessed a fee by IocaJ governments for 911 access.. The .abirdy to charge this f'8e does not
exterw,; to cellular telephones atthough 15-20 percent of 911 calls come from callutar telephones.
~ular 911 calls take longer to process than conventional caul ~nd require system upgrades to be
handk!d E!fl'edively. ChargIng cellular callers the SM'1e access fM as other caners would deft8y the.
additional costs as$QQated with serving cebulat calln and WOLlId fund the necessary upgrades.
FPCA &Upp0rt3 the application at me 911 access fee lD cellular 1eIephone IIr,e$ in parity With 1he
~ssessmant C'Jrrently charged on convention.llmes.
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12.
13. EXPeNDITURE OF 911 FeeS ON DISPATCHER SALARIES - Currently. fees col1ected pUrsuant
to Section 365.171. Florida Statutes. can, along ...nth other I8IabId expenses, be spent on 911 C811
taker'S saletr1es 10 the extent the caR tal<el'8 Ire I'Iandling 911 canll. The sectiOn would have to be
amended to allow the salari. of 911 dispatchers tD be supported from these fees as welL FPCA
supports an amendment that will allow the 9111ees to support 911 dispatcher satariee.
14. PRIIllARY'SEATBEL T ENFORCEMENT - The FPCA has suppor1ed this Issue in the past and that
support continues.
15. PROHIBIT MINOR PASSeNGERS IN pICKUP TRUCK CARGO AREAS -legislation Is pending that
wiD prohibit minor pessengers from riding in the cargo area of pickup trucIcI unless equipped with
approved restraints. The FPCA has supported Ihig issue in previoLts legIslative sessions, end
continue& mil support
16. SUPPORT FOR DEPARTMENT OF JUVENILE JUSTIC~ - FPCA supports the efforts of the
Oep3rtment or Juvenile JusUce to funcUon as a mminal jldtioe agency: 10 inc:tease juvenile detention
space SCf'0S9lhe state; and to lncr98se the amount of avtllllable COIIRllitment space.
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FPCA.OPPOSES
1. PROPOSED AMENDMENTS TO CHAPTER 112, FLORIDA STAllITES - FIarfda law already
adequately provides fer the rights of law ellbce.nent ofti<:ef's who d utlder investigation for anegld
misconduct. In 1997. amendments were proposed tnatwould have dra~11y a1fectsd the abirlty ot
law enfol'C8ment agency heads to investigate misalOOud: llllegations. This proposal was strongly
opposed by all lew enforcement. In order for governmental agencies to properly manage IaIAI
enforcement departmental Ind maintai., public confidence, It Is important that the CU~I\t, delicate
baf8rtc;e noC: be upset by radical c:hsnges to the existing law. The FPCA opp~es such amenc;lmenfs
to Chepter 112..
2. CONTRABAND FORFEITURe - Contraband forfeiture is an etrective crime ftghting fDOI that turns the
froits of criminal adMty against criminals and ....ieves taxpayers of some af the burden af paying for
the fight against crime. Forfeiture law has been extensivelY amended in the recent pMt and further
changes would damage its efI'ecIiVenesS. The FPCA opposes any changes to the forfeiture taw that
will reduce the usefulness of this 'laluable tool.
3. FLORIDA CftIMlNAL PUNISHMENT CODe - FPCA apposes any changes to the Florida Criminal
Punishment Code, except for strtctIy technical changes.
4.. SOVERe1GN IMMUNI1V . The FPCA opposes legislation which would naise the rl8bllity cap rer local
governments.
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