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