ATTORNEYS ARE OFTEN PREACHING ONE THING -- BUT PRACTICE ANOTHER!

PROPOSAL CONTAINED IN H 1397

Legislative Session 2009 -- State Representative Julio Robaina

Section 1. Subsection (10) is added to section 20.165 , Florida Statutes, to read:

20.165 (10)(a) All employees authorized by the Division of Florida Condominiums, Timeshares, and Mobile Homes shall have access to and shall have the right to examine and inspect the premises, books, and records of any condominium, cooperative, timeshare, or mobile home park regulated by the division. Such employees shall also have access to and shall have the right to examine and inspect the books and records of any community association manager or firm employed by any condominium, cooperative, timeshare, or mobile home park regulated by the division. The authorized employees shall require of each licensee strict compliance with the laws of this state relating to the transaction of such business or operation.

(b) Each employee serving as a law enforcement officer for the division must meet the qualifications for employment or appointment as a law enforcement officer set forth under s. 943.13 and must be certified as a law enforcement officer by the Department of Law Enforcement under chapter 943. Upon certification, each law enforcement officer is subject to and has the same authority as provided for law enforcement officers generally in chapter 901 and has statewide jurisdiction. Each officer also has arrest authority as provided for state law enforcement officers in s. 901.15 . Each officer possesses the 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.

(c) The primary responsibility of each officer appointed under this subsection is to investigate, enforce, and prosecute, throughout the state, violations and violators of part VIII of chapter 468, chapters 718, 719, 721, and 723, and the rules adopted thereunder, as well as other state laws that the division or all state law enforcement officers are specifically authorized to enforce. The secondary responsibility of each officer appointed under this subsection is to enforce all other state laws, provided that the enforcement is incidental to exercising the officer's primary responsibility, and the officer exercises the powers of a deputy sheriff, only after consultation or coordination with the appropriate local sheriff's office or municipal police department or when the division participates in the Florida Mutual Aid Plan during a declared state emergency.