Senate Bill sb2412c1

    Florida Senate - 2006        (Correct Copy)     CS for SB 2412

    By the Committee on Regulated Industries; and Senators
    Haridopolos and Crist




    580-2020A-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; amending s. 561.422,

13         F.S.; providing for issuance of temporary

14         permits upon approval of the local government;

15         providing an effective date.

16  

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

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

20  Statutes, is amended to read:

21         20.165  Department of Business and Professional

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

23  Professional Regulation.

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

25  Alcoholic Beverages and Tobacco shall have access to, and

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

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

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

29  licensees.  The authorized employees shall require of each

30  licensee strict compliance with the laws of this state

31  relating to the transaction of such business.

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    Florida Senate - 2006        (Correct Copy)     CS for SB 2412
    580-2020A-06




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

 2  for the division must meet the qualifications for employment

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

 4  943.13 and must be certified as a law enforcement officer by

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

 6  certification, each law enforcement officer is subject to and

 7  has the same authority as provided for law enforcement

 8  officers generally in chapter 901 and has statewide

 9  jurisdiction. Each officer also has arrest authority as

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

11  officer possesses the full law enforcement powers granted to

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

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

14  contraband and the proceeds of illegal activities. All

15  employees certified under chapter 943 as law enforcement

16  officers shall have the primary responsibility to felony

17  arrest powers under s. 901.15(10) and shall have all the

18  powers of deputy sheriffs to:

19         1.  investigate, enforce, and prosecute, throughout the

20  state, violations and violators of:

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

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

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

24  the division, all state law enforcement officers, or beverage

25  enforcement agents are specifically authorized to enforce.

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

27  exercises the powers of a deputy sheriff, only after

28  consultation or 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.

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    Florida Senate - 2006        (Correct Copy)     CS for SB 2412
    580-2020A-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.  Section 561.422, Florida Statutes, is

 8  amended to read:

 9         561.422  Nonprofit civic organizations; temporary

10  permits.--Upon the filing of an application, presentation of a

11  local building and zoning permit, and payment of a fee of $25

12  per permit, the director of the division may issue a permit

13  authorizing a bona fide nonprofit civic organization to sell

14  alcoholic beverages for consumption on the premises only, for

15  a period not to exceed 3 days, subject to any state law or

16  municipal or county ordinance regulating the time for selling

17  such beverages. All net profits from sales of alcoholic

18  beverages collected during the permit period must be retained

19  by the nonprofit civic organization. Any such civic

20  organization may be issued only three such permits per

21  calendar year. The director of the division may issue a permit

22  to such civic organization more than three times per calendar

23  year, but not more than 15 times per calendar year, upon the

24  approval of the incorporated municipality, town, or board of

25  county commissioners having jurisdiction over the location of

26  the premises. Notwithstanding other provisions of the Beverage

27  Law, any civic organization licensed under this section may

28  purchase alcoholic beverages from a distributor or vendor

29  licensed under the Beverage Law.

30         Section 3.  This act shall take effect July 1, 2006.

31  

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    Florida Senate - 2006        (Correct Copy)     CS for SB 2412
    580-2020A-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2412

 3                                 

 4  The CS restores current law that provides that all authorized
    employees of the division of Alcoholic Beverage and Tobacco
 5  shall have the right to inspect premises licensed by the
    division.
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    The CS provides that the primary responsibility of the
 7  division's law enforcement authority is to enforce the
    alcoholic beverage and tobacco laws in parts I and II of ch.
 8  210, F.S., part VII of ch. 559, and chs. 561-569, F.S., and
    the rules adopted under these provisions.  They would also
 9  have primary responsibility to enforce other state laws that
    the division, all state law enforcement officers, or beverage
10  enforcement agents are specifically authorized to enforce.  It
    provides that their primary responsibility would include the
11  powers of a deputy sheriff, but only after consultation or in
    coordination with the appropriate local sheriff's office or
12  when the division participates in the Florida Mutual Aid Plan
    during a declared state emergency. The bill amends s. 561.422,
13  F.S., to authorize the director of the division to issue a
    temporary alcoholic beverage permit to nonprofit civic
14  organization more than three times per calendar year, but not
    more than 15 times per calendar year.
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