| 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. |