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