Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1916
       
       
       
       
       
       
                                Barcode 163638                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/13/2011           .                                
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       The Committee on Budget Subcommittee on General Government
       Appropriations (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Between lines 604 and 605
    5  insert:
    6         Section 15. Section 493.6120, Florida Statutes, is amended
    7  to read:
    8         493.6120 Violations; penalty.—
    9         (1)(a) Except as provided in paragraph (c), a person who
   10  engages in any activity for which this chapter requires a
   11  license and who does not hold the required license commits a
   12  misdemeanor of the first degree, punishable as provided in s.
   13  775.082 or s. 775.083.
   14         (b) A second or subsequent violation of paragraph (a) is a
   15  felony of the third degree, punishable as provided in s.
   16  775.082, s. 775.083, or s. 775.084, and the department may seek
   17  the imposition of a civil penalty not to exceed $10,000.
   18         (c) Paragraph (a) does not apply if the person engages in
   19  unlicensed activity within 90 days after the date of the
   20  expiration of his or her license.
   21         (2)(a) A person who, while impersonating a security
   22  officer, private investigator, recovery agent, or other person
   23  required to have a license under this chapter, knowingly and
   24  intentionally forces another person to assist the impersonator
   25  in an activity within the scope of duty of a professional
   26  licensed under this chapter commits a felony of the third
   27  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   28  775.084.
   29         (b) A person who violates paragraph (a) during the course
   30  of committing a felony commits a felony of the second degree,
   31  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   32         (c) A person who violates paragraph (a) during the course
   33  of committing a felony that results in death or serious bodily
   34  injury to another human being commits a felony of the first
   35  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   36  775.084.
   37         (3)(1) Any person who violates any provision of this
   38  chapter except s. 493.6405, subsection (1), or subsection (2)
   39  commits a misdemeanor of the first degree, punishable as
   40  provided in s. 775.082 or s. 775.083.
   41         (4)(2) Any person who is convicted of any violation of this
   42  chapter is shall not be eligible for licensure for a period of 5
   43  years.
   44         (5)(3) Any person who violates or disregards any cease and
   45  desist order issued by the department commits a misdemeanor of
   46  the first degree, punishable as provided in s. 775.082 or s.
   47  775.083. In addition, the department may seek the imposition of
   48  a civil penalty not to exceed $5,000.
   49         (6)(4) Any person who was an owner, officer, partner, or
   50  manager of a licensed agency at the time of any activity that is
   51  the basis for revocation of the agency or branch office license
   52  and who knew or should have known of the activity, shall have
   53  his or her personal licenses or approval suspended for 3 years
   54  and may not have any financial interest in or be employed in any
   55  capacity by a licensed agency during the period of suspension.
   56         Section 16. Protecting critical infrastructure facilities.—
   57         (1) A licensed security officer who possesses a valid Class
   58  “G” license, or a licensed security agency manager who possesses
   59  a valid Class “G” license, who is on duty, in uniform, providing
   60  security services on the premises of a critical infrastructure
   61  facility, and has probable cause to believe that a person has
   62  committed or is committing a crime against the licensed security
   63  officer’s client or patrons thereof, may temporarily detain the
   64  person for the purpose of ascertaining his or her identity and
   65  the circumstances of the activity that is the basis for the
   66  temporary detention. The security officer may detain the person
   67  in a reasonable manner until the responding law enforcement
   68  officer arrives at the premises of the client and is in the
   69  presence of the detainee.
   70         (2) When temporarily detaining a person, the licensed
   71  security officer or security agency manager shall notify the
   72  appropriate law enforcement agency as soon as reasonably
   73  possible. Temporary detention of a person by a licensed security
   74  officer or security agency manager must be done solely for the
   75  purpose of detaining the person before the arrival of a law
   76  enforcement officer. Custody of any person being temporarily
   77  detained shall be immediately transferred to the responding law
   78  enforcement officer.
   79         (3) A licensed security officer or security agency manager
   80  may not detain a person under this section after the arrival of
   81  a law enforcement officer unless the law enforcement officer
   82  requests the security officer to continue detaining the person.
   83  The responsibilities of the licensed security officer or
   84  security agency manager do not extend beyond the place where the
   85  person was first detained or in the immediate vicinity.
   86         (4) A person may not be temporarily detained under this
   87  section longer than is reasonably necessary to effect the
   88  purposes of this section.
   89         (5) If a licensed security officer or security agency
   90  manager while detaining a person pursuant to this section
   91  observes that the person temporarily detained is armed with a
   92  firearm, concealed weapon, or any destructive device that poses
   93  a threat to the safety of the security officer or any person for
   94  whom the security officer is responsible for providing
   95  protection, or the detainee admits to having a weapon in his or
   96  her possession, the security officer or security agency manager
   97  may conduct a search of the person and his or her belongings
   98  only to the extent necessary for the purpose of disclosing the
   99  presence of a weapon. If the search reveals such a weapon, the
  100  weapon shall be seized and transferred to the responding law
  101  enforcement officer.
  102         (6) As used in this section, the term “critical
  103  infrastructure facility means any one of the following, if it
  104  employs measures such as fences, barriers, or guard posts that
  105  are designed to exclude unauthorized personnel and is determined
  106  by a state or federal authority to be so vital to the state that
  107  the incapacity or destruction of the facility would have a
  108  debilitating impact on security, state economic stability, state
  109  public health or safety, or any combination of those matters:
  110         (a) A chemical manufacturing facility;
  111         (b) A refinery;
  112         (c) An electrical power generating facility, substation,
  113  switching station, electrical control center, or electrical
  114  transmission or distribution facility;
  115         (d) A water intake structure, water treatment facility,
  116  wastewater treatment plant, or pump station;
  117         (e) A natural gas transmission compressor station;
  118         (f) A liquid natural gas terminal or storage facility;
  119         (g) A telecommunications central switching office;
  120         (h) A deep water seaport or railroad switching yard; or
  121         (i) A gas processing plant, including a plant used in the
  122  processing, treatment, or fractionation of natural gas.
  123         (7) Class “D” and Class “MB” licensees shall perform duties
  124  regulated under this section in a uniform that bears at least
  125  one patch or emblem visible at all times clearly identifying the
  126  employing agency.
  127  
  128  ================= T I T L E  A M E N D M E N T ================
  129         And the title is amended as follows:
  130         Between lines 50 and 51
  131  insert:
  132         amending s. 493.6120, F.S.; providing that a person
  133         who engages in any activity for which ch. 493, F.S.,
  134         requires a license, but acts without having a license,
  135         commits a misdemeanor of the first degree; providing
  136         that a person commits a felony of the third degree for
  137         a second or subsequent offense of engaging in
  138         activities without a license; authorizing the
  139         Department of Agriculture and Consumer Services to
  140         impose a civil penalty not to exceed a specified
  141         amount; providing that penalties do not apply if the
  142         person engaged in unlicensed activity within 90 days
  143         after the expiration date of the person’s license;
  144         providing that a person who, while impersonating a
  145         security officer, private investigator, recovery
  146         agent, or other person required to have a license
  147         under ch. 493, F.S., knowingly and intentionally
  148         forces another person to assist the impersonator in an
  149         activity within the scope of duty of a professional
  150         licensed under ch. 493, F.S., commits a felony of the
  151         third degree; providing that a person who impersonates
  152         a 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;