HB 1333

1
A bill to be entitled
2An act relating to licensed security officers; amending s.
3493.6120, F.S.; providing that a person who engages in any
4activity for which ch. 493, F.S., requires a license, but
5acts without having a license, commits a misdemeanor of
6the first degree; providing that a person commits a felony
7of the third degree for a second or subsequent offense of
8engaging in activities without a license; authorizing the
9Department of Agriculture and Consumer Services to impose
10a civil penalty not to exceed a specified amount;
11providing that penalties do not apply if the person
12engaged in unlicensed activity within 90 days after the
13expiration date of the person's license; providing that a
14person who, while impersonating a security officer,
15private investigator, recovery agent, or other person
16required to have a license under ch. 493, F.S., knowingly
17and intentionally forces another person to assist the
18impersonator in an activity within the scope of duty of a
19professional licensed under ch. 493, F.S., commits a
20felony of the third degree; providing that a person who
21impersonates a security officer or other designated
22officer during the commission of a felony commits a felony
23of the second degree; providing that a person who
24impersonates a security officer or other designated
25officer during the commission a felony that results in
26death or serious bodily injury to another human being
27commits a felony of the first degree; authorizing a
28licensed security officer or a licensed security agency
29manager to detain a person on the premises of a critical
30infrastructure facility if the security officer has
31probable cause to believe that the person has committed or
32is committing a crime and for the purpose of ascertaining
33the person's identity and the circumstances of the
34activity that is the basis for the temporary detention;
35providing that the person may be detained until a
36responding law enforcement officer arrives at the critical
37infrastructure facility; requiring the security officer to
38notify the law enforcement agency as soon as possible;
39requiring that custody of any person temporarily detained
40be immediately transferred to the responding law
41enforcement officer; prohibiting a licensed security
42officer or security agency manager from detaining a person
43after the arrival of a law enforcement officer unless the
44law enforcement officer requests the security officer to
45assist in detaining the person; authorizing the security
46officer to search the person detained if the security
47officer observes that the person temporarily detained is
48armed with a firearm, concealed weapon, or any destructive
49device that poses a threat to the safety of the security
50officer, or the detainee admits to the security officer
51that he or she is armed with a weapon; requiring the
52security officer to seize any weapon discovered and
53transfer the weapon to the responding law enforcement
54officer; defining the term "critical infrastructure
55facility"; providing identification requirements for
56licensed security officers; providing an effective date.
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  Section 493.6120, Florida Statutes, is amended
61to read:
62     493.6120  Violations; penalty.-
63     (1)(a)  Except as provided in paragraph (c), a person who
64engages in any activity for which this chapter requires a
65license and who does not hold the required license commits a
66misdemeanor of the first degree, punishable as provided in s.
67775.082 or s. 775.083.
68     (b)  A second or subsequent violation of paragraph (a) is a
69felony of the third degree, punishable as provided in s.
70775.082, s. 775.083, or s. 775.084, and the department may seek
71the imposition of a civil penalty not to exceed $10,000.
72     (c)  Paragraph (a) does not apply if the person engages in
73unlicensed activity within 90 days after the date of the
74expiration of his or her license.
75     (2)(a)  A person who, while impersonating a security
76officer, private investigator, recovery agent, or other person
77required to have a license under this chapter, knowingly and
78intentionally forces another person to assist the impersonator
79in an activity within the scope of duty of a professional
80licensed under this chapter commits a felony of the third
81degree, punishable as provided in s. 775.082, s. 775.083, or s.
82775.084.
83     (b)  A person who violates paragraph (a) during the course
84of committing a felony commits a felony of the second degree,
85punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
86     (c)  A person who violates paragraph (a) during the course
87of committing a felony that results in death or serious bodily
88injury to another human being commits a felony of the first
89degree, punishable as provided in s. 775.082, s. 775.083, or s.
90775.084.
91     (3)(1)  Any person who violates any provision of this
92chapter except s. 493.6405, subsection (1), or subsection (2)
93commits a misdemeanor of the first degree, punishable as
94provided in s. 775.082 or s. 775.083.
95     (4)(2)  Any person who is convicted of any violation of
96this chapter is shall not be eligible for licensure for a period
97of 5 years.
98     (5)(3)  Any person who violates or disregards any cease and
99desist order issued by the department commits a misdemeanor of
100the first degree, punishable as provided in s. 775.082 or s.
101775.083. In addition, the department may seek the imposition of
102a civil penalty not to exceed $5,000.
103     (6)(4)  Any person who was an owner, officer, partner, or
104manager of a licensed agency at the time of any activity that is
105the basis for revocation of the agency or branch office license
106and who knew or should have known of the activity, shall have
107his or her personal licenses or approval suspended for 3 years
108and may not have any financial interest in or be employed in any
109capacity by a licensed agency during the period of suspension.
110     Section 2.  Protecting critical infrastructure facilities.-
111     (1)  A licensed security officer who possesses a valid
112Class "G" license, or a licensed security agency manager who
113possesses a valid Class "G" license, who is on duty, in uniform,
114providing security services on the premises of a critical
115infrastructure facility, and has probable cause to believe that
116a person has committed or is committing a crime against the
117licensed security officer's client or patrons thereof, may
118temporarily detain the person for the purpose of ascertaining
119his or her identity and the circumstances of the activity that
120is the basis for the temporary detention. The security officer
121may detain the person in a reasonable manner until the
122responding law enforcement officer arrives at the premises of
123the client and is in the presence of the detainee.
124     (2)  When temporarily detaining a person, the licensed
125security officer or security agency manager shall notify the
126appropriate law enforcement agency as soon as reasonably
127possible. Temporary detention of a person by a licensed security
128officer or security agency manager must be done solely for the
129purpose of detaining the person before the arrival of a law
130enforcement officer. Custody of any person being temporarily
131detained shall be immediately transferred to the responding law
132enforcement officer.
133     (3)  A licensed security officer or security agency manager
134may not detain a person under this section after the arrival of
135a law enforcement officer unless the law enforcement officer
136requests the security officer to continue detaining the person.
137The responsibilities of the licensed security officer or
138security agency manager do not extend beyond the place where the
139person was first detained or in the immediate vicinity.
140     (4)  A person may not be temporarily detained under this
141section longer than is reasonably necessary to effect the
142purposes of this section.
143     (5)  If a licensed security officer or security agency
144manager while detaining a person pursuant to this section
145observes that the person temporarily detained is armed with a
146firearm, concealed weapon, or any destructive device that poses
147a threat to the safety of the security officer or any person for
148whom the security officer is responsible for providing
149protection, or the detainee admits to having a weapon in his or
150her possession, the security officer or security agency manager
151may conduct a search of the person and his or her belongings
152only to the extent necessary for the purpose of disclosing the
153presence of a weapon. If the search reveals such a weapon, the
154weapon shall be seized and transferred to the responding law
155enforcement officer.
156     (6)  As used in this section, the term "critical
157infrastructure facility" means any one of the following, if it
158employs measures such as fences, barriers, or guard posts that
159are designed to exclude unauthorized personnel and is determined
160by a state or federal authority to be so vital to the state that
161the incapacity or destruction of the facility would have a
162debilitating impact on security, state economic stability, state
163public health or safety, or any combination of those matters:
164     (a)  A chemical manufacturing facility;
165     (b)  A refinery;
166     (c)  An electrical power generating facility, substation,
167switching station, electrical control center, or electrical
168transmission or distribution facility;
169     (d)  A water intake structure, water treatment facility,
170wastewater treatment plant, or pump station;
171     (e)  A natural gas transmission compressor station;
172     (f)  A liquid natural gas terminal or storage facility;
173     (g)  A telecommunications central switching office;
174     (h)  A deep water seaport or railroad switching yard; or
175     (i)  A gas processing plant, including a plant used in the
176processing, treatment, or fractionation of natural gas.
177     (7)  Class "D" and Class "MB" licensees shall perform
178duties regulated under this chapter in a uniform that bears at
179least one patch or emblem visible at all times clearly
180identifying the employing agency.
181     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.