Florida Senate - 2012                                     SB 154
       
       
       
       By Senator Latvala
       
       
       
       
       16-00053-12                                            2012154__
    1                        A bill to be entitled                      
    2         An act relating to licensed security officers;
    3         amending s. 493.6120, F.S.; providing that a person
    4         who engages in any activity for which ch. 493, F.S.,
    5         requires a license, but who acts without having a
    6         license, commits a misdemeanor of the first degree;
    7         providing that such person commits a felony of the
    8         third degree for a second or subsequent offense of
    9         engaging in activities without a license; authorizing
   10         the Department of Agriculture and Consumer Services to
   11         impose a civil penalty not to exceed a specified
   12         amount; providing that penalties do not apply if the
   13         person engaged in unlicensed activity within 90 days
   14         after the expiration date of the person’s license;
   15         providing that a person who, while impersonating a
   16         security officer, private investigator, recovery
   17         agent, or other person required to have a license
   18         under ch. 493, F.S., knowingly and intentionally
   19         forces another person to assist the impersonator in an
   20         activity within the scope of duty of a professional
   21         licensed under ch. 493, F.S., commits a felony of the
   22         third degree; providing that a person who impersonates
   23         a security officer or other designated officer during
   24         the commission of a felony commits a felony of the
   25         second degree; providing that a person who
   26         impersonates a security officer or other designated
   27         officer during the commission a felony that results in
   28         death or serious bodily injury to another human being
   29         commits a felony of the first degree; authorizing a
   30         licensed security officer or a licensed security
   31         agency manager to detain a person on the premises of a
   32         critical infrastructure facility in certain
   33         circumstances; requiring the security officer to
   34         notify the law enforcement agency as soon as possible;
   35         requiring that custody of any person temporarily
   36         detained be immediately transferred to the responding
   37         law enforcement officer; providing for an exception to
   38         the immediate transfer; providing that the
   39         responsibilities of the security officer are limited
   40         to specified locations; prohibiting a security officer
   41         from detaining a person longer than is reasonably
   42         necessary; authorizing the security officer to search
   43         the person detained under certain circumstances;
   44         defining the term “critical infrastructure facility”;
   45         providing identification requirements for certain
   46         licensed security officers; providing an effective
   47         date.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 493.6120, Florida Statutes, is amended
   52  to read:
   53         493.6120 Violations; penalty.—
   54         (1)(a) Except as provided in paragraph (c), a person who
   55  engages in any activity for which this chapter requires a
   56  license and who does not hold the required license commits a
   57  misdemeanor of the first degree, punishable as provided in s.
   58  775.082 or s. 775.083.
   59         (b) A second or subsequent violation of paragraph (a) is a
   60  felony of the third degree, punishable as provided in s.
   61  775.082, s. 775.083, or s. 775.084, and the department may seek
   62  the imposition of a civil penalty not to exceed $10,000.
   63         (c) Paragraph (a) does not apply if the person engages in
   64  unlicensed activity within 90 days after the date of the
   65  expiration of his or her license.
   66         (2)(a) A person who, while impersonating a security
   67  officer, private investigator, recovery agent, or other person
   68  required to have a license under this chapter, knowingly and
   69  intentionally forces another person to assist the impersonator
   70  in an activity within the scope of duty of a professional
   71  licensed under this chapter commits a felony of the third
   72  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   73  775.084.
   74         (b) A person who violates paragraph (a) during the course
   75  of committing a felony commits a felony of the second degree,
   76  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   77         (c) A person who violates paragraph (a) during the course
   78  of committing a felony that results in death or serious bodily
   79  injury to another human being commits a felony of the first
   80  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   81  775.084.
   82         (3)(1)A Any person who violates any provision of this
   83  chapter, except s. 493.6405, subsection (1), or subsection (2),
   84  commits a misdemeanor of the first degree, punishable as
   85  provided in s. 775.082 or s. 775.083.
   86         (4)(2)A Any person who is convicted of any violation of
   87  this chapter is shall not be eligible for licensure for a period
   88  of 5 years.
   89         (5)(3)A Any person who violates or disregards any cease
   90  and desist order issued by the department commits a misdemeanor
   91  of the first degree, punishable as provided in s. 775.082 or s.
   92  775.083. In addition, the department may seek the imposition of
   93  a civil penalty not to exceed $5,000.
   94         (6)(4)A Any person who was an owner, officer, partner, or
   95  manager of a licensed agency at the time of any activity that is
   96  the basis for revocation of the agency or branch office license
   97  and who knew or should have known of the activity, shall have
   98  his or her personal licenses or approval suspended for 3 years
   99  and may not have any financial interest in or be employed in any
  100  capacity by a licensed agency during the period of suspension.
  101         Section 2. Protecting critical infrastructure facilities.—
  102         (1) A licensed security officer who possesses a valid Class
  103  “G” license, or a licensed security agency manager who possesses
  104  a valid Class “G” license, who is on duty, in uniform, providing
  105  security services on the premises of a critical infrastructure
  106  facility, and who has probable cause to believe that a person
  107  has committed or is committing a crime against the client, or
  108  the client’s patron, of the licensed security officer or the
  109  licensed security agency manager, may temporarily detain the
  110  person for the purpose of ascertaining his or her identity and
  111  the circumstances of the activity that is the basis for the
  112  temporary detention. The security officer or security agency
  113  manager may detain the person in a reasonable manner until the
  114  responding law enforcement officer arrives at the premises of
  115  the client and is in the presence of the detainee.
  116         (2) When temporarily detaining a person, the licensed
  117  security officer or security agency manager shall notify the
  118  appropriate law enforcement agency as soon as reasonably
  119  possible. Temporary detention of a person by a licensed security
  120  officer or security agency manager must be done solely for the
  121  purpose of detaining the person before the arrival of a law
  122  enforcement officer. Custody of any person being temporarily
  123  detained shall be immediately transferred to the responding law
  124  enforcement officer.
  125         (3) A licensed security officer or security agency manager
  126  may not detain a person under this section after the arrival of
  127  a law enforcement officer unless the law enforcement officer
  128  requests the security officer to continue detaining the person.
  129  The responsibilities of the licensed security officer or
  130  security agency manager do not extend beyond the place where the
  131  person was first detained or in the immediate vicinity.
  132         (4) A person may not be temporarily detained under this
  133  section longer than is reasonably necessary to effect the
  134  purposes of this section.
  135         (5) If a licensed security officer or security agency
  136  manager, while detaining a person under this section, observes
  137  that the person temporarily detained is armed with a firearm, a
  138  concealed weapon, or a destructive device that poses a threat to
  139  the safety of the security officer or security agency manager,
  140  or any person for whom the security officer or security agency
  141  manager is responsible for providing protection, or if the
  142  detainee admits to having a weapon in his or her possession, the
  143  security officer or security agency manager may conduct a search
  144  of the person and his or her belongings only to the extent
  145  necessary for the purpose of disclosing the presence of a
  146  weapon. If the search reveals such a weapon, the weapon shall be
  147  seized and transferred to the responding law enforcement
  148  officer.
  149         (6) As used in this section, the term “critical
  150  infrastructure facility” means any one of the following, if it
  151  employs measures such as fences, barriers, or guard posts that
  152  are designed to exclude unauthorized persons and is determined
  153  by a state or federal authority to be so vital to the state that
  154  the incapacity or destruction of the facility would have a
  155  debilitating impact on security, state economic stability, state
  156  public health or safety, or any combination of those matters:
  157         (a) A chemical manufacturing facility;
  158         (b) A refinery;
  159         (c) An electrical power plant as defined in s. 403.031,
  160  Florida Statutes, including a substation, switching station,
  161  electrical control center, or electric transmission or
  162  distribution facility;
  163         (d) A water intake structure, water treatment facility,
  164  wastewater treatment plant, or pump station;
  165         (e) A natural gas transmission compressor station;
  166         (f) A liquid natural gas terminal or storage facility;
  167         (g) A telecommunications central switching office;
  168         (h) A deepwater port or railroad switching yard;
  169         (i) A gas processing plant, including a plant used in the
  170  processing, treatment, or fractionation of natural gas; or
  171         (j) A public transportation facility as defined in s.
  172  343.62, Florida Statutes.
  173         (7) A Class “D” or Class “MB” licensee shall perform duties
  174  regulated under this section in a uniform that bears at least
  175  one patch or emblem visible at all times clearly identifying the
  176  employing agency.
  177         Section 3. This act shall take effect July 1, 2012.