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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.
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