Senate Bill sb2412

    Florida Senate - 2006                                  SB 2412

    By Senator Haridopolos





    26-1589-06

  1                      A bill to be entitled

  2         An act relating to the Division of Alcoholic

  3         Beverages and Tobacco; amending s. 20.165,

  4         F.S.; requiring each employee serving as a law

  5         enforcement officer for the division to meet

  6         the qualifications of a law enforcement officer

  7         set forth in ch. 943, F.S., for employment or

  8         appointment; requiring each such employee to be

  9         certified as a law enforcement officer by the

10         Department of Law Enforcement; specifying the

11         primary responsibility for law enforcement

12         officers of the division; providing an

13         effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Subsection (9) of section 20.165, Florida

18  Statutes, is amended to read:

19         20.165  Department of Business and Professional

20  Regulation.--There is created a Department of Business and

21  Professional Regulation.

22         (9)(a)  All employees authorized by the Division of

23  Alcoholic Beverages and Tobacco shall have access to, and may

24  shall have the right to inspect, premises licensed by the

25  division, to collect taxes and remit them to the officers

26  entitled to them, and to examine the books and records of all

27  licensees.  The authorized employees shall require of each

28  licensee strict compliance with the laws of this state

29  relating to the transaction of such business.

30         (b)  Each employee serving as a law enforcement officer

31  for the division must meet the qualifications for employment

                                  1

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






    Florida Senate - 2006                                  SB 2412
    26-1589-06




 1  or appointment as a law enforcement officer set forth under s.

 2  943.13 and must be certified as a law enforcement officer by

 3  the Department of Law Enforcement under of chapter 943. Upon

 4  certification, each law enforcement officer is subject to and

 5  has the same authority as provided for law enforcement

 6  officers generally in chapter 901 and has statewide

 7  jurisdiction. Each officer also has arrest authority as

 8  provided for state law enforcement officers in s. 901.15. Each

 9  officer possesses the full law enforcement powers granted to

10  other peace officers of this state, including the authority to

11  make arrests, carry firearms, serve court process, and seize

12  contraband and the proceeds of illegal activities. All

13  employees certified under chapter 943 as law enforcement

14  officers shall have felony arrest powers under s. 901.15(10)

15  and shall have all the powers of deputy sheriffs to:

16         1.  Investigate, enforce, and prosecute, throughout the

17  state, violations and violators of:

18         (c)  The primary responsibility of each officer

19  appointed under this section includes enforcing the laws

20  relating to

21         a.  parts I and II of chapter 210; part VII of chapter

22  559; and chapters 561-569; and the rules adopted promulgated

23  thereunder, as well as other state laws that which the

24  division, all state law enforcement officers, or beverage

25  enforcement agents are specifically authorized to enforce.

26         b.  All other state laws, provided that the employee

27  exercises the powers of a deputy sheriff, only after

28  consultation and in coordination with the appropriate local

29  sheriff's office, and only if the violation could result in an

30  administrative proceeding against a license or permit issued

31  by the division.

                                  2

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






    Florida Senate - 2006                                  SB 2412
    26-1589-06




 1         2.  Enforce all criminal laws of the state within

 2  specified jurisdictions when the division is a party to a

 3  written mutual aid agreement with a state agency, sheriff, or

 4  municipal police department, or when the division participates

 5  in the Florida Mutual Aid Plan during a declared state

 6  emergency.

 7         Section 2.  This act shall take effect July 1, 2006.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Requires each employee serving as a law enforcement
      officer for the division to meet the qualifications of a
12    law enforcement officer set forth in chapter 943, F.S.,
      for employment or appointment. Requires each such
13    employee to be certified as a law enforcement officer by
      the Department of Law Enforcement. Specifies the primary
14    responsibility for a law enforcement officer of the
      division.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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