HB 1271CS

CHAMBER ACTION




1The State Administration Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Division of Alcoholic Beverages and
8Tobacco; amending s. 20.165, F.S.; requiring each employee
9serving as a law enforcement officer for the division to
10meet the qualifications of a law enforcement officer set
11forth in ch. 943, F.S., for employment or appointment;
12requiring each such employee to be certified as a law
13enforcement officer by the Department of Law Enforcement;
14providing the law enforcement officer with certain powers,
15authority, and jurisdiction; specifying the primary and
16secondary responsibilities for law enforcement officers of
17the division; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraph (b) of subsection (9) of section
2220.165, Florida Statutes, is amended to read:
23     20.165  Department of Business and Professional
24Regulation.--There is created a Department of Business and
25Professional Regulation.
26     (9)
27     (b)  Each employee serving as a law enforcement officer for
28the division must meet the qualifications for employment or
29appointment as a law enforcement officer set forth under s.
30943.13 and must be certified as a law enforcement officer by the
31Department of Law Enforcement under chapter 943. Upon
32certification, each law enforcement officer is subject to and
33has the same authority as provided for law enforcement officers
34generally in chapter 901 and has statewide jurisdiction. Each
35officer also has arrest authority as provided for state law
36enforcement officers in s. 901.15. Each officer possesses the
37full law enforcement powers granted to other peace officers of
38this state, including the authority to make arrests, carry
39firearms, serve court process, and seize contraband and the
40proceeds of illegal activities.
41     1.  The primary responsibility of each officer appointed
42under this section is All employees certified under chapter 943
43as law enforcement officers shall have felony arrest powers
44under s. 901.15(10) and shall have all the powers of deputy
45sheriffs to:
46     1.  investigate, enforce, and prosecute, throughout the
47state, violations and violators of:
48     a.  parts I and II of chapter 210,; part VII of chapter
49559,; and chapters 561-569,; and the rules adopted promulgated
50thereunder, as well as other state laws that which the division,
51all state law enforcement officers, or beverage enforcement
52agents are specifically authorized to enforce.
53     2.b.  The secondary responsibility of each officer
54appointed under this section is to enforce all other state laws,
55provided that the enforcement is incidental to exercising the
56officer's primary responsibility as provided in subparagraph 1.,
57and the officer employee exercises the powers of a deputy
58sheriff, only after consultation or and in coordination with the
59appropriate local sheriff's office, and only if the violation
60could result in an administrative proceeding against a license
61or permit issued by the division.
62     2.  Enforce all criminal laws of the state within specified
63jurisdictions when the division is a party to a written mutual
64aid agreement with a state agency, sheriff, or municipal police
65department, or when the division participates in the Florida
66Mutual Aid Plan during a declared state emergency.
67     Section 2.  This act shall take effect July 1, 2006.


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