Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for HB 7209
Senate . House
Floor: WD/2R .
05/06/2011 07:58 PM .
Senator Latvala moved the following:
1 Senate Amendment (with title amendment)
3 Between lines 1246 and 1247
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.
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.
(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
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.
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.