HB 1271

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

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