| 1 | A bill to be entitled |
| 2 | An act relating to entry by law enforcement officers; |
| 3 | amending s. 901.19, F.S.; deleting provisions authorizing |
| 4 | an officer to use all necessary and reasonable force to |
| 5 | enter a building or property where a person to be arrested |
| 6 | is or is reasonably believed to be after the officer has |
| 7 | announced his or her authority and purpose; providing an |
| 8 | effective date. |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
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| 12 | Section 1. Section 901.19, Florida Statutes, is amended to |
| 13 | read: |
| 14 | 901.19 Gambling equipment; seizure and destruction Right |
| 15 | of officer to break into building.- |
| 16 | (1) If a peace officer fails to gain admittance after she |
| 17 | or he has announced her or his authority and purpose in order to |
| 18 | make an arrest either by a warrant or when authorized to make an |
| 19 | arrest for a felony without a warrant, the officer may use all |
| 20 | necessary and reasonable force to enter any building or property |
| 21 | where the person to be arrested is or is reasonably believed to |
| 22 | be. |
| 23 | (2) When any of the implements, devices, or apparatus |
| 24 | commonly used for gambling purposes are found in any house, |
| 25 | room, booth, or other place used for the purpose of gambling, a |
| 26 | peace officer shall seize and hold them subject to the |
| 27 | discretion of the court, to be used as evidence, and afterwards |
| 28 | they shall be publicly destroyed in the presence of witnesses |
| 29 | under order of the court to that effect. |
| 30 | Section 2. This act shall take effect July 1, 2011. |