HB 1271CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Division of Alcoholic Beverages and
7Tobacco; amending s. 20.165, F.S.; requiring each employee
8serving as a law enforcement officer for the division to
9meet the qualifications of a law enforcement officer set
10forth in ch. 943, F.S., for employment or appointment;
11requiring each such employee to be certified as a law
12enforcement officer by the Department of Law Enforcement;
13providing the law enforcement officer with certain powers,
14authority, and jurisdiction; specifying the primary
15responsibility for law enforcement officers of the
16division; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (9) of section 20.165, Florida
21Statutes, is amended to read:
22     20.165  Department of Business and Professional
23Regulation.--There is created a Department of Business and
24Professional Regulation.
25     (9)(a)  All employees authorized by the Division of
26Alcoholic Beverages and Tobacco shall have access to, and shall
27have the right to inspect, premises licensed by the division, to
28collect taxes and remit them to the officers entitled to them,
29and to examine the books and records of all licensees. The
30authorized employees shall require of each licensee strict
31compliance with the laws of this state relating to the
32transaction of such business.
33     (b)  Each employee serving as a law enforcement officer for
34the division must meet the qualifications for employment or
35appointment as a law enforcement officer set forth under s.
36943.13 and must be certified as a law enforcement officer by the
37Department of Law Enforcement under chapter 943. Upon
38certification, each law enforcement officer is subject to and
39has the same authority as provided for law enforcement officers
40generally in chapter 901 and has statewide jurisdiction. Each
41officer also has arrest authority as provided for state law
42enforcement officers in s. 901.15. Each officer possesses the
43full law enforcement powers granted to other peace officers of
44this state, including the authority to make arrests, carry
45firearms, serve court process, and seize contraband and the
46proceeds of illegal activities. All employees certified under
47chapter 943 as law enforcement officers shall have the primary
48responsibility felony arrest powers under s. 901.15(10) and
49shall have all the powers of deputy sheriffs to:
50     1.  investigate, enforce, and prosecute, throughout the
51state, violations and violators of:
52     1.a.  Parts I and II of chapter 210; part VII of chapter
53559; and chapters 561-569; and the rules adopted promulgated
54thereunder, as well as other state laws that which the division,
55all state law enforcement officers, or beverage enforcement
56agents are specifically authorized to enforce.
57     2.b.  All other state laws, provided that the employee
58exercises the powers of a deputy sheriff, only after
59consultation or and in coordination with the appropriate local
60sheriff's office, and only if the violation could result in an
61administrative proceeding against a license or permit issued by
62the division.
63     2.  Enforce all criminal laws of the state within specified
64jurisdictions when the division is a party to a written mutual
65aid agreement with a state agency, sheriff, or municipal police
66department, or when the division participates in the Florida
67Mutual Aid Plan during a declared state emergency.
68     Section 2.  This act shall take effect July 1, 2006.


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