Florida Senate - 2013                                    SB 1330
       
       
       
       By Senator Latvala
       
       
       
       
       20-01116-13                                           20131330__
    1                        A bill to be entitled                      
    2         An act relating to licensed security officers;
    3         amending s. 493.6120, F.S.; providing penalties for an
    4         unlicensed person who engages in an activity for which
    5         ch. 493, F.S., requires a license; providing an
    6         exception; providing penalties if a person commits a
    7         felony while impersonating a security officer, private
    8         investigator, recovery agent, or other person required
    9         to have a license under ch. 493, F.S.; creating s.
   10         493.631, F.S.; defining terms; authorizing a licensed
   11         security officer or licensed security agency manager
   12         to detain a person on the premises of a critical
   13         infrastructure facility in certain circumstances;
   14         providing procedures and requirements with respect
   15         thereto; authorizing the security officer or security
   16         agency manager to search the person detained under
   17         certain circumstances; providing identification
   18         requirements for certain licensed security officers
   19         and security agency managers; providing immunity to
   20         law enforcement officers, licensed security officers,
   21         and licensed security agency managers under certain
   22         circumstances; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 493.6120, Florida Statutes, is amended
   27  to read:
   28         493.6120 Violations; penalty.—
   29         (1)(a) Except as provided in paragraph (b), a person who
   30  engages in any activity for which this chapter requires a
   31  license and who does not hold the required license commits:
   32         1. For a first violation, a misdemeanor of the first
   33  degree, punishable as provided in s. 775.082 or s. 775.083.
   34         2. For a second or subsequent violation, a felony of the
   35  third degree, punishable as provided in s. 775.082, s. 775.083,
   36  or s. 775.084, and the department may seek the imposition of a
   37  civil penalty not to exceed $10,000.
   38         (b) Paragraph (a) does not apply if the person engages in
   39  unlicensed activity within 90 days after the date of the
   40  expiration of his or her license.
   41         (2)(a) A person who, while impersonating a security
   42  officer, private investigator, recovery agent, or other person
   43  required to have a license under this chapter, knowingly and
   44  intentionally forces another person to assist the impersonator
   45  in an activity within the scope of duty of a professional
   46  licensed under this chapter commits a felony of the third
   47  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   48  775.084.
   49         (b) A person who violates paragraph (a) during the course
   50  of committing a felony commits a felony of the second degree,
   51  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   52         (c) A person who violates paragraph (a) during the course
   53  of committing a felony resulting in death or serious bodily
   54  injury to another human being commits a felony of the first
   55  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   56  775.084.
   57         (3)(1)Except as otherwise provided in this chapter, a Any
   58  person who violates any provision of this chapter except s.
   59  493.6405 commits a misdemeanor of the first degree, punishable
   60  as provided in s. 775.082 or s. 775.083.
   61         (4)(2)A Any person who is convicted of any violation of
   62  this chapter is shall not be eligible for licensure for a period
   63  of 5 years.
   64         (5)(3)A Any person who violates or disregards a any cease
   65  and desist order issued by the department commits a misdemeanor
   66  of the first degree, punishable as provided in s. 775.082 or s.
   67  775.083. In addition, the department may seek the imposition of
   68  a civil penalty not to exceed $5,000.
   69         (6)(4) A person who was an owner, officer, partner, or
   70  manager of a licensed agency or a Class “DS” or “RS” school or
   71  training facility at the time of any activity that is the basis
   72  for revocation of the agency or branch office license or the
   73  school or training facility license and who knew or should have
   74  known of the activity, shall have his or her personal licenses
   75  or approval suspended for 3 years and may not have any financial
   76  interest in or be employed in any capacity by a licensed agency
   77  or a school or training facility during the period of
   78  suspension.
   79         Section 2. Section 493.631, Florida Statutes, is created to
   80  read:
   81         493.631 Temporary detention by a licensed security officer
   82  or licensed security agency manager at critical infrastructure
   83  facilities.—
   84         (1) As used in this section, the term “critical
   85  infrastructure facility” means any of the following, if it
   86  employs measures such as fences, barriers, or guard posts that
   87  are designed to exclude unauthorized persons:
   88         (a) A chemical manufacturing facility.
   89         (b) A refinery.
   90         (c) An electrical power plant as defined in s. 403.031,
   91  including a substation, switching station, electrical control
   92  center, or electric transmission or distribution facility.
   93         (d) A water intake structure, water treatment facility,
   94  wastewater treatment plant, or pump station.
   95         (e) A natural gas transmission compressor station.
   96         (f) A liquid natural gas terminal or storage facility.
   97         (g) A telecommunications central switching office.
   98         (h) A deepwater port or railroad switching yard.
   99         (i) A gas processing plant, including a plant used in the
  100  processing, treatment, or fractionation of natural gas.
  101         (2) As used in this section, the terms “security officer”
  102  and “security agency manager” mean a security officer or
  103  security agency manager who possesses a valid Class “D” or Class
  104  “MB” license pursuant to s. 493.6301 and a valid Class “G”
  105  license pursuant to s. 493.6115.
  106         (3) A security officer or security agency manager who is on
  107  duty, in uniform, and on the premises of a critical
  108  infrastructure facility, and who has probable cause to believe
  109  that a person has committed or is committing a crime against the
  110  client operating the premises or the client’s patron may
  111  temporarily detain the person to ascertain his or her identity
  112  and the circumstances of the person’s activity.
  113         (4) When temporarily detaining a person, the security
  114  officer or security agency manager shall notify the appropriate
  115  law enforcement agency of the detention as soon as reasonably
  116  possible. A security officer or security agency manager may
  117  temporarily detain a person only until a law enforcement officer
  118  arrives at the premises of the client and is in the presence of
  119  the detainee. Upon arrival of the law enforcement officer, the
  120  security officer or security agency manager shall immediately
  121  transfer custody of a person being temporarily detained to the
  122  responding law enforcement officer.
  123         (5) A security officer or security agency manager may not
  124  detain a person under this section after the arrival of a law
  125  enforcement officer unless the law enforcement officer requests
  126  that the security officer or security agency manager continue
  127  detaining the person. The authority of the security officer or
  128  security agency manager to continue detaining a person after the
  129  arrival of a law enforcement officer under this subsection does
  130  not extend beyond the place where the person was first detained
  131  or in the immediate vicinity of that place.
  132         (6) A security officer or security agency manager may not
  133  temporarily detain a person under this section longer than is
  134  reasonably necessary to affect the purposes of this section.
  135         (7) While detaining a person under this section, if a
  136  security officer or security agency manager observes that the
  137  person temporarily detained is armed with a firearm, concealed
  138  weapon, or destructive device that poses a threat to the safety
  139  of the security officer, the security agency manager, or any
  140  person for whom the security officer or security agency manager
  141  is responsible for providing protection, or if the detainee
  142  admits to having a weapon in his or her possession, the security
  143  officer or security agency manager may conduct a search of the
  144  person and his or her belongings only to the extent necessary to
  145  disclose the presence of a weapon. If the security officer or
  146  security agency manager finds a weapon during the search, he or
  147  she shall seize and transfer the weapon to the responding law
  148  enforcement officer.
  149         (8) A security officer or security agency manager who
  150  possesses a valid Class “G” license shall perform duties
  151  regulated under this section in a uniform with at least one
  152  patch or emblem visible at all times clearly identifying the
  153  agency employing the security officer or security agency
  154  manager.
  155         (9) A law enforcement officer, security officer, or
  156  security agency manager is not criminally or civilly liable for
  157  false arrest, false imprisonment, or unlawful detention due to
  158  his or her custody and detention of a person if done in
  159  compliance with this section.
  160         Section 3. This act shall take effect July 1, 2013.