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Mr. M. A. Galbraith, Jr. City Attorney City of Boca Raton

QUESTION:

Does a municipality have the home rule authority to grant its fire department officials the authority to serve summonses or criminal process or process in the nature of criminal process, make arrests, and carry firearms in the enforcement of the state and local fire codes?

SUMMARY:

A municipality has no home rule power to grant the members of its fire department or its fire officials the authority to serve summonses or criminal process or process in the nature of criminal process, make arrests, carry firearms, and make searches…