Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1646
       
       
       
       
       
       
                                Barcode 775480                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/12/2011           .                                
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       The Committee on Criminal Justice (Dockery) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 10
    4  insert:
    5         Section 1. Section 493.6120, Florida Statutes, is amended
    6  to read:
    7         493.6120 Violations; penalty.—
    8         (1)(a) Except as provided in paragraph (c), a person who
    9  engages in any activity for which this chapter requires a
   10  license and who does not hold the required license commits a
   11  misdemeanor of the first degree, punishable as provided in s.
   12  775.082 or s. 775.083.
   13         (b) A second or subsequent violation of paragraph (a) is a
   14  felony of the third degree, punishable as provided in s.
   15  775.082, s. 775.083, or s. 775.084, and the department may seek
   16  the imposition of a civil penalty not to exceed $10,000.
   17         (c) Paragraph (a) does not apply if the person engages in
   18  unlicensed activity within 90 days after the date of the
   19  expiration of his or her license.
   20         (2)(a) A person who, while impersonating a security
   21  officer, private investigator, recovery agent, or other person
   22  required to have a license under this chapter, knowingly and
   23  intentionally forces another person to assist the impersonator
   24  in an activity within the scope of duty of a professional
   25  licensed under this chapter commits a felony of the third
   26  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   27  775.084.
   28         (b) A person who violates paragraph (a) during the course
   29  of committing a felony commits a felony of the second degree,
   30  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   31         (c) A person who violates paragraph (a) during the course
   32  of committing a felony that results in death or serious bodily
   33  injury to another human being commits a felony of the first
   34  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   35  775.084.
   36         (3)(1) Any person who violates any provision of this
   37  chapter except s. 493.6405, subsection (1), or subsection (2)
   38  commits a misdemeanor of the first degree, punishable as
   39  provided in s. 775.082 or s. 775.083.
   40         (4)(2) Any person who is convicted of any violation of this
   41  chapter is shall not be eligible for licensure for a period of 5
   42  years.
   43         (5)(3) Any person who violates or disregards any cease and
   44  desist order issued by the department commits a misdemeanor of
   45  the first degree, punishable as provided in s. 775.082 or s.
   46  775.083. In addition, the department may seek the imposition of
   47  a civil penalty not to exceed $5,000.
   48         (6)(4) Any person who was an owner, officer, partner, or
   49  manager of a licensed agency at the time of any activity that is
   50  the basis for revocation of the agency or branch office license
   51  and who knew or should have known of the activity, shall have
   52  his or her personal licenses or approval suspended for 3 years
   53  and may not have any financial interest in or be employed in any
   54  capacity by a licensed agency during the period of suspension.
   55         Section 2. Protecting critical infrastructure facilities.—
   56         (1) A licensed security officer who possesses a valid Class
   57  “G” license, or a licensed security agency manager who possesses
   58  a valid Class “G” license, who is on duty, in uniform, providing
   59  security services on the premises of a critical infrastructure
   60  facility, and has probable cause to believe that a person has
   61  committed or is committing a crime against the licensed security
   62  officer’s client or patrons thereof, may temporarily detain the
   63  person for the purpose of ascertaining his or her identity and
   64  the circumstances of the activity that is the basis for the
   65  temporary detention. The security officer may detain the person
   66  in a reasonable manner until the responding law enforcement
   67  officer arrives at the premises of the client and is in the
   68  presence of the detainee.
   69         (2) When temporarily detaining a person, the licensed
   70  security officer or security agency manager shall notify the
   71  appropriate law enforcement agency as soon as reasonably
   72  possible. Temporary detention of a person by a licensed security
   73  officer or security agency manager must be done solely for the
   74  purpose of detaining the person before the arrival of a law
   75  enforcement officer. Custody of any person being temporarily
   76  detained shall be immediately transferred to the responding law
   77  enforcement officer.
   78         (3) A licensed security officer or security agency manager
   79  may not detain a person under this section after the arrival of
   80  a law enforcement officer unless the law enforcement officer
   81  requests the security officer to continue detaining the person.
   82  The responsibilities of the licensed security officer or
   83  security agency manager do not extend beyond the place where the
   84  person was first detained or in the immediate vicinity.
   85         (4) A person may not be temporarily detained under this
   86  section longer than is reasonably necessary to effect the
   87  purposes of this section.
   88         (5) If a licensed security officer or security agency
   89  manager while detaining a person pursuant to this section
   90  observes that the person temporarily detained is armed with a
   91  firearm, concealed weapon, or any destructive device that poses
   92  a threat to the safety of the security officer or any person for
   93  whom the security officer is responsible for providing
   94  protection, or the detainee admits to having a weapon in his or
   95  her possession, the security officer or security agency manager
   96  may conduct a search of the person and his or her belongings
   97  only to the extent necessary for the purpose of disclosing the
   98  presence of a weapon. If the search reveals such a weapon, the
   99  weapon shall be seized and transferred to the responding law
  100  enforcement officer.
  101         (6) As used in this section, the term “critical
  102  infrastructure facility means any one of the following, if it
  103  employs measures such as fences, barriers, or guard posts that
  104  are designed to exclude unauthorized personnel and is determined
  105  by a state or federal authority to be so vital to the state that
  106  the incapacity or destruction of the facility would have a
  107  debilitating impact on security, state economic stability, state
  108  public health or safety, or any combination of those matters:
  109         (a) A chemical manufacturing facility;
  110         (b) A refinery;
  111         (c) An electrical power generating facility, substation,
  112  switching station, electrical control center, or electrical
  113  transmission or distribution facility;
  114         (d) A water intake structure, water treatment facility,
  115  wastewater treatment plant, or pump station;
  116         (e) A natural gas transmission compressor station;
  117         (f) A liquid natural gas terminal or storage facility;
  118         (g) A telecommunications central switching office;
  119         (h) A deep water seaport or railroad switching yard; or
  120         (i) A gas processing plant, including a plant used in the
  121  processing, treatment, or fractionation of natural gas.
  122         (7) Class “D” and Class “MB” licensees shall perform duties
  123  regulated under this section in a uniform that bears at least
  124  one patch or emblem visible at all times clearly identifying the
  125  employing agency.
  126  
  127  ================= T I T L E  A M E N D M E N T ================
  128         And the title is amended as follows:
  129         Delete lines 2 - 3
  130  and insert:
  131         An act relating to security; amending s. 493.6120,
  132         F.S.; providing that a person who engages in any
  133         activity for which ch. 493, F.S., requires a license,
  134         but acts without having a license, commits a
  135         misdemeanor of the first degree; providing that a
  136         person commits a felony of the third degree for a
  137         second or subsequent offense of engaging in activities
  138         without a license; authorizing the Department of
  139         Agriculture and Consumer Services to impose a civil
  140         penalty not to exceed a specified amount; providing
  141         that penalties do not apply if the person engaged in
  142         unlicensed activity within 90 days after the
  143         expiration date of the person’s license; providing
  144         that a person who, while impersonating a security
  145         officer, private investigator, recovery agent, or
  146         other person required to have a license under ch. 493,
  147         F.S., knowingly and intentionally forces another
  148         person to assist the impersonator in an activity
  149         within the scope of duty of a professional licensed
  150         under ch. 493, F.S., commits a felony of the third
  151         degree; providing that a person who impersonates a
  152         security officer or other designated officer during
  153         the commission of a felony commits a felony of the
  154         second degree; providing that a person who
  155         impersonates a security officer or other designated
  156         officer during the commission a felony that results in
  157         death or serious bodily injury to another human being
  158         commits a felony of the first degree; authorizing a
  159         licensed security officer or a licensed security
  160         agency manager to detain a person on the premises of a
  161         critical infrastructure facility if the security
  162         officer has probable cause to believe that the person
  163         has committed or is committing a crime and for the
  164         purpose of ascertaining the person’s identity and the
  165         circumstances of the activity that is the basis for
  166         the temporary detention; providing that the person may
  167         be detained until a responding law enforcement officer
  168         arrives at the critical infrastructure facility;
  169         requiring the security officer to notify the law
  170         enforcement agency as soon as possible; requiring that
  171         custody of any person temporarily detained be
  172         immediately transferred to the responding law
  173         enforcement officer; prohibiting a licensed security
  174         officer or security agency manager from detaining a
  175         person after the arrival of a law enforcement officer
  176         unless the law enforcement officer requests the
  177         security officer to assist in detaining the person;
  178         authorizing the security officer to search the person
  179         detained if the security officer observes that the
  180         person temporarily detained is armed with a firearm,
  181         concealed weapon, or any destructive device that poses
  182         a threat to the safety of the security officer, or the
  183         detainee admits to the security officer that he or she
  184         is armed with a weapon; requiring the security officer
  185         to seize any weapon discovered and transfer the weapon
  186         to the responding law enforcement officer; defining
  187         the term “critical infrastructure facility”; providing
  188         identification requirements for licensed security
  189         officers; amending s. 790.06, F.S.; providing an