HB 1271

1	A bill to be entitled
2	An act relating to the Division of Alcoholic Beverages and
3	Tobacco; amending s. 20.165, F.S.; requiring each employee
4	serving as a law enforcement officer for the division to
5	meet the qualifications of a law enforcement officer set
6	forth in ch. 943, F.S., for employment or appointment;
7	requiring each such employee to be certified as a law
8	enforcement officer by the Department of Law Enforcement;
9	providing the law enforcement officer with certain powers,
10	authority, and jurisdiction; specifying the primary
11	responsibility for law enforcement officers of the
12	division; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (9) of section 20.165, Florida
17	Statutes, is amended to read:
18	20.165  Department of Business and Professional
19	Regulation.--There is created a Department of Business and
20	Professional Regulation.
21	(9)(a)  All employees authorized by the Division of
22	Alcoholic Beverages and Tobacco shall have access to, and may
23	shall have the right to inspect, premises licensed by the
24	division, to collect taxes and remit them to the officers
25	entitled to them, and to examine the books and records of all
26	licensees. The authorized employees shall require of each
27	licensee strict compliance with the laws of this state relating
28	to the transaction of such business.
29	(b)  Each employee serving as a law enforcement officer for
30	the division must meet the qualifications for employment or
31	appointment as a law enforcement officer set forth under s.
32	943.13 and must be certified as a law enforcement officer by the
33	Department of Law Enforcement under of chapter 943. Upon
34	certification, each law enforcement officer is subject to and
35	has the same authority as provided for law enforcement officers
36	generally in chapter 901 and has statewide jurisdiction. Each
37	officer also has arrest authority as provided for state law
38	enforcement officers in s. 901.15. Each officer possesses the
39	full law enforcement powers granted to other peace officers of
40	this state, including the authority to make arrests, carry
41	firearms, serve court process, and seize contraband and the
42	proceeds of illegal activities.
43	(c)  The primary responsibility of each officer appointed
44	under this section includes enforcing the laws relating to
45	All employees certified under chapter 943 as law enforcement
46	officers shall have felony arrest powers under s. 901.15(10) and
47	shall have all the powers of deputy sheriffs to:
48	1.  Investigate, enforce, and prosecute, throughout the
49	state, violations and violators of:
50	a.  parts I and II of chapter 210; part VII of chapter 559;
51	and chapters 561-569; and the rules adopted promulgated
52	thereunder, as well as other state laws that which the division,
53	all state law enforcement officers, or beverage enforcement
54	agents are specifically authorized to enforce.
55	b.  All other state laws, provided that the employee
56	exercises the powers of a deputy sheriff, only after
57	consultation and in coordination with the appropriate local
58	sheriff's office, and only if the violation could result in an
59	administrative proceeding against a license or permit issued by
60	the division.
61	2.  Enforce all criminal laws of the state within specified
62	jurisdictions when the division is a party to a written mutual
63	aid agreement with a state agency, sheriff, or municipal police
64	department, or when the division participates in the Florida
65	Mutual Aid Plan during a declared state emergency.
66	Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.