Senate Bill sb0654

    Florida Senate - 2007                                   SB 654

    By Senator Margolis





    35-543-07

  1                      A bill to be entitled

  2         An act relating to arrest powers; amending s.

  3         27.255, F.S.; clarifying that an investigator

  4         who is a sworn law enforcement officer has full

  5         powers of arrest; authorizing investigators of

  6         state attorney offices to serve writs of bodily

  7         attachment under s. 61.11, F.S., when enforcing

  8         court-ordered support obligations; providing an

  9         effective date.

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

12  

13         Section 1.  Subsection (1) of section 27.255, Florida

14  Statutes, is amended to read:

15         27.255  Investigators; authority to arrest,

16  qualifications, rights, immunities, bond, and oath.--

17         (1)  Each investigator who is a sworn law enforcement

18  officer and employed on a full-time basis by a state attorney

19  and each special investigator appointed by the state attorney

20  pursuant to the provisions of s. 27.251 is hereby declared to

21  be a law enforcement officer of the state and a conservator of

22  the peace, under the direction and control of the state

23  attorney who employs him or her, with full powers of arrest,

24  in accordance with the laws of this state.  Such investigator

25  may arrest any person for violation of state law or applicable

26  county or city ordinances when such violation occurs within

27  the boundaries of the judicial circuit served by the state

28  attorney employing the investigator, except that arrests may

29  be made out of said judicial circuit when hot pursuit

30  originates within said judicial circuit. Such investigator

31  shall, within the boundaries of the judicial circuit served by

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






    Florida Senate - 2007                                   SB 654
    35-543-07




 1  such state attorney, have full authority to serve any arrest

 2  warrant, search warrant, capias, or court order issued by any

 3  court or judge within such judicial circuit in a criminal

 4  case, or in connection with a criminal investigation, or to

 5  serve any writ of bodily attachment under s. 61.11, when the

 6  same is directed to him or her. The investigator may serve,

 7  anywhere within the state, a witness subpoena issued by any

 8  court or judge within the state or issued in connection with a

 9  criminal investigation that arises anywhere within the state,

10  provided that prior notice is given to the sheriff in whose

11  county service will be attempted; however, failure to provide

12  this notice to the sheriff does not affect the validity of the

13  service. The investigator may carry weapons on or about his or

14  her person in the same manner as other law enforcement

15  officers.

16         Section 2.  This act shall take effect upon becoming a

17  law.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Authorizes investigators of state attorney offices to
      serve writs of bodily attachment under s. 61.11, F.S.,
22    for purposes of enforcing a court-ordered support
      obligation.
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CODING: Words stricken are deletions; words underlined are additions.