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The Florida Senate

2003 Florida Statutes

SECTION 073
Department of Agriculture and Consumer Services, law enforcement officers.
Section 570.073, Florida Statutes 2003

570.073  Department of Agriculture and Consumer Services, law enforcement officers.--

(1)  The commissioner may create an Office of Agricultural Law Enforcement under the supervision of a senior manager exempt under s. 110.205 in the Senior Management Service. The commissioner may designate law enforcement officers, as necessary, to enforce any criminal law or conduct any criminal investigation or to enforce the provisions of any statute or any other laws of this state. Officers appointed under this section shall have the primary responsibility for enforcing laws relating to agriculture and consumer services, as outlined 1in this section, and 2have jurisdiction over violations of law which threaten the overall security and safety of this state's agriculture and consumer services. The primary responsibilities of officers appointed under this section include the enforcement of laws relating to:

(a)  Domesticated animals, including livestock, poultry, aquaculture products, and other wild or domesticated animals or animal products.

(b)  Farms, farm equipment, livery tack, citrus or citrus products, or horticultural products.

(c)  Trespass, littering, forests, forest fires, and open burning.

(d)  Damage to or theft of forest products.

(e)  Enforcement of a marketing order.

(f)  Protection of consumers.

(g)  Civil traffic offenses as 3provided in state law.

(h)  The use of alcohol or drugs which occurs on property owned, managed, or occupied by the department.

(i)  Any emergency situation in which the life, limb, or property of any person is placed in immediate and serious danger.

(j)  Any crime incidental to or related to paragraphs (a)-(i).

4(k)  The responsibilities of the Commissioner of Agriculture.

(2)  Each law enforcement officer shall meet the qualifications of law enforcement officers under s. 943.13 and shall be certified as a law enforcement officer by the Department of Law Enforcement under the provisions of chapter 943. Upon certification, each law enforcement officer is subject to and shall have the same arrest and other authority provided for law enforcement officers generally in chapter 901 and shall have statewide jurisdiction. Each officer shall also have arrest authority as provided for state law enforcement officers in s. 901.15 Such officers have full law enforcement powers granted to other peace officers of this state, including the authority to make arrests, carry firearms, serve court process, and seize contraband and the proceeds of illegal activities.

(3)  The commissioner may also appoint part-time, reserve, or auxiliary law enforcement officers under chapter 943.

(4)  All department law enforcement officers, upon certification under s. 943.1395, shall have the same right and authority to carry arms as do the sheriffs of this state.

(5)  Each law enforcement officer in the state who is certified pursuant to chapter 943 has the same authority as law enforcement officers designated in this section to enforce the laws of this state as described in subsection (1).

History.--s. 7, ch. 92-291; s. 5, ch. 93-169; s. 2, ch. 95-141; s. 42, ch. 98-34; s. 111, ch. 2002-20; s. 47, ch. 2002-295.

1Note.--As amended by s. 47, ch. 2002-295. The amendment by s. 111, ch. 2002-20, substitutes the word "below" for the words "in this section."

2Note.--As amended by s. 47, ch. 2002-295. The amendment by s. 111, ch. 2002-20, does not include the words "have jurisdiction over."

3Note.--As amended by s. 47, ch. 2002-295. The amendment by s. 111, ch. 2002-20, substituted the words "outlined under" for the words "provided in."

4Note.--As enacted by s. 47, ch. 2002-295. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, "Statutory Construction." Paragraph (k) was also enacted by s. 111, ch. 2002-20, and that version reads:

(k)  Any law over which the Commissioner of Agriculture has responsibility.