Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for HB 7209
       
       
       
       
       
       
                                Barcode 746690                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/06/2011 07:58 PM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1246 and 1247
    4  insert:
    5         Section 35. 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 36. 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;
  120         (i) A gas processing plant, including a plant used in the
  121  processing, treatment, or fractionation of natural gas; or
  122         (j) A public transportation facility as defined in s.
  123  343.62, Florida Statutes.
  124         (7) Class “D” and Class “MB” licensees shall perform duties
  125  regulated under this section in a uniform that bears at least
  126  one patch or emblem visible at all times clearly identifying the
  127  employing agency.
  128  
  129  ================= T I T L E  A M E N D M E N T ================
  130         And the title is amended as follows:
  131         Delete line 107
  132  and insert:
  133         Affairs to adopt rules; amending s. 493.6120, F.S.;
  134         providing that a person who engages in any activity
  135         for which ch. 493, F.S., requires a license, but acts
  136         without having a license, commits a misdemeanor of the
  137         first degree; providing that a person commits a felony
  138         of the third degree for a second or subsequent offense
  139         of engaging in activities without a license;
  140         authorizing the Department of Agriculture and Consumer
  141         Services to impose a civil penalty not to exceed a
  142         specified amount; providing that penalties do not
  143         apply if the person engaged in unlicensed activity
  144         within 90 days after the expiration date of the
  145         person’s license; providing that a person who, while
  146         impersonating a security officer, private
  147         investigator, recovery agent, or other person required
  148         to have a license under ch. 493, F.S., knowingly and
  149         intentionally forces another person to assist the
  150         impersonator in an activity within the scope of duty
  151         of a professional licensed under ch. 493, F.S.,
  152         commits a felony of the third degree; providing that a
  153         person who impersonates a security officer or other
  154         designated officer during the commission of a felony
  155         commits a felony of the second degree; providing that
  156         a person who impersonates a security officer or other
  157         designated officer during the commission a felony that
  158         results in death or serious bodily injury to another
  159         human being commits a felony of the first degree;
  160         authorizing a licensed security officer or a licensed
  161         security agency manager to detain a person on the
  162         premises of a critical infrastructure facility if the
  163         security officer has probable cause to believe that
  164         the person has committed or is committing a crime and
  165         for the purpose of ascertaining the person’s identity
  166         and the circumstances of the activity that is the
  167         basis for the temporary detention; providing that the
  168         person may be detained until a responding law
  169         enforcement officer arrives at the critical
  170         infrastructure facility; requiring the security
  171         officer to notify the law enforcement agency as soon
  172         as possible; requiring that custody of any person
  173         temporarily detained be immediately transferred to the
  174         responding law enforcement officer; prohibiting a
  175         licensed security officer or security agency manager
  176         from detaining a person after the arrival of a law
  177         enforcement officer unless the law enforcement officer
  178         requests the security officer to assist in detaining
  179         the person; authorizing the security officer to search
  180         the person detained if the security officer observes
  181         that the person temporarily detained is armed with a
  182         firearm, concealed weapon, or any destructive device
  183         that poses a threat to the safety of the security
  184         officer, or the detainee admits to the security
  185         officer that he or she is armed with a weapon;
  186         requiring the security officer to seize any weapon
  187         discovered and transfer the weapon to the responding
  188         law enforcement officer; defining the term “critical
  189         infrastructure facility”; providing identification
  190         requirements for licensed security officers; providing
  191         an effective date.