| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Division of Alcoholic Beverages and |
| 7 | Tobacco; amending s. 20.165, F.S.; requiring each employee |
| 8 | serving as a law enforcement officer for the division to |
| 9 | meet the qualifications of a law enforcement officer set |
| 10 | forth in ch. 943, F.S., for employment or appointment; |
| 11 | requiring each such employee to be certified as a law |
| 12 | enforcement officer by the Department of Law Enforcement; |
| 13 | providing the law enforcement officer with certain powers, |
| 14 | authority, and jurisdiction; specifying the primary |
| 15 | responsibility for law enforcement officers of the |
| 16 | division; providing an effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. Subsection (9) of section 20.165, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 20.165 Department of Business and Professional |
| 23 | Regulation.--There is created a Department of Business and |
| 24 | Professional Regulation. |
| 25 | (9)(a) All employees authorized by the Division of |
| 26 | Alcoholic Beverages and Tobacco shall have access to, and shall |
| 27 | have the right to inspect, premises licensed by the division, to |
| 28 | collect taxes and remit them to the officers entitled to them, |
| 29 | and to examine the books and records of all licensees. The |
| 30 | authorized employees shall require of each licensee strict |
| 31 | compliance with the laws of this state relating to the |
| 32 | transaction of such business. |
| 33 | (b) Each employee serving as a law enforcement officer for |
| 34 | the division must meet the qualifications for employment or |
| 35 | appointment as a law enforcement officer set forth under s. |
| 36 | 943.13 and must be certified as a law enforcement officer by the |
| 37 | Department of Law Enforcement under chapter 943. Upon |
| 38 | certification, each law enforcement officer is subject to and |
| 39 | has the same authority as provided for law enforcement officers |
| 40 | generally in chapter 901 and has statewide jurisdiction. Each |
| 41 | officer also has arrest authority as provided for state law |
| 42 | enforcement officers in s. 901.15. Each officer possesses the |
| 43 | full law enforcement powers granted to other peace officers of |
| 44 | this state, including the authority to make arrests, carry |
| 45 | firearms, serve court process, and seize contraband and the |
| 46 | proceeds of illegal activities. All employees certified under |
| 47 | chapter 943 as law enforcement officers shall have the primary |
| 48 | responsibility felony arrest powers under s. 901.15(10) and |
| 49 | shall have all the powers of deputy sheriffs to: |
| 50 | 1. investigate, enforce, and prosecute, throughout the |
| 51 | state, violations and violators of: |
| 52 | 1.a. Parts I and II of chapter 210; part VII of chapter |
| 53 | 559; and chapters 561-569; and the rules adopted promulgated |
| 54 | thereunder, as well as other state laws that which the division, |
| 55 | all state law enforcement officers, or beverage enforcement |
| 56 | agents are specifically authorized to enforce. |
| 57 | 2.b. All other state laws, provided that the employee |
| 58 | exercises the powers of a deputy sheriff, only after |
| 59 | consultation or and in coordination with the appropriate local |
| 60 | sheriff's office, and only if the violation could result in an |
| 61 | administrative proceeding against a license or permit issued by |
| 62 | the division. |
| 63 | 2. Enforce all criminal laws of the state within specified |
| 64 | jurisdictions when the division is a party to a written mutual |
| 65 | aid agreement with a state agency, sheriff, or municipal police |
| 66 | department, or when the division participates in the Florida |
| 67 | Mutual Aid Plan during a declared state emergency. |
| 68 | Section 2. This act shall take effect July 1, 2006. |