Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 1184
Barcode 124882
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/08/2012 .
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The Committee on Transportation (Latvala) recommended the
following:
1 Senate Substitute for Amendment (377880) (with title
2 amendment)
3
4 Between lines 147 and 148
5 insert:
6 Section 4. 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) A 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) A Any person who is convicted of any violation of
42 this chapter is shall not be eligible for licensure for a period
43 of 5 years.
44 (5)(3) A Any person who violates or disregards any cease
45 and desist order issued by the department commits a misdemeanor
46 of 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) A 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 5. 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 who has probable cause to believe that a person
62 has committed or is committing a crime against the client, or
63 the client’s patron, of the licensed security officer or the
64 licensed security agency manager, may temporarily detain the
65 person for the purpose of ascertaining his or her identity and
66 the circumstances of the activity that is the basis for the
67 temporary detention. The security officer or security agency
68 manager may detain the person in a reasonable manner until the
69 responding law enforcement officer arrives at the premises of
70 the client and is in the presence of the detainee.
71 (2) When temporarily detaining a person, the licensed
72 security officer or security agency manager shall notify the
73 appropriate law enforcement agency as soon as reasonably
74 possible. Temporary detention of a person by a licensed security
75 officer or security agency manager must be done solely for the
76 purpose of detaining the person before the arrival of a law
77 enforcement officer. Custody of any person being temporarily
78 detained shall be immediately transferred to the responding law
79 enforcement officer.
80 (3) A licensed security officer or security agency manager
81 may not detain a person under this section after the arrival of
82 a law enforcement officer unless the law enforcement officer
83 requests the security officer or security agency manager to
84 continue detaining the person. The responsibilities of the
85 licensed security officer or security agency manager do not
86 extend beyond the place where the person was first detained or
87 in the immediate vicinity.
88 (4) A person may not be temporarily detained under this
89 section longer than is reasonably necessary to effect the
90 purposes of this section.
91 (5) If a licensed security officer or security agency
92 manager, while detaining a person under this section, observes
93 that the person temporarily detained is armed with a firearm, a
94 concealed weapon, or a destructive device that poses a threat to
95 the safety of the security officer or security agency manager,
96 or any person for whom the security officer or security agency
97 manager is responsible for providing protection, or if the
98 detainee admits to having a weapon in his or her possession, the
99 security officer or security agency manager may conduct a search
100 of the person and his or her belongings only to the extent
101 necessary for the purpose of disclosing the presence of a
102 weapon. If the search reveals such a weapon, the weapon shall be
103 seized and transferred to the responding law enforcement
104 officer.
105 (6) As used in this section, the term “critical
106 infrastructure facility” means any one of the following, if it
107 employs measures such as fences, barriers, or guard posts that
108 are designed to exclude unauthorized persons and is determined
109 by a state or federal authority to be so vital to the state that
110 the incapacity or destruction of the facility would have a
111 debilitating impact on security, state economic stability, state
112 public health or safety, or any combination of those matters:
113 (a) A chemical manufacturing facility;
114 (b) A refinery;
115 (c) An electrical power plant as defined in s. 403.031,
116 Florida Statutes, including a substation, switching station,
117 electrical control center, or electric transmission or
118 distribution facility;
119 (d) A water intake structure, water treatment facility,
120 wastewater treatment plant, or pump station;
121 (e) A natural gas transmission compressor station;
122 (f) A liquid natural gas terminal or storage facility;
123 (g) A telecommunications central switching office;
124 (h) A deepwater port or railroad switching yard;
125 (i) A gas processing plant, including a plant used in the
126 processing, treatment, or fractionation of natural gas; or
127 (j) A public transportation facility as defined in s.
128 343.62, Florida Statutes.
129 (7) A Class “D” or Class “MB” licensee shall perform duties
130 regulated under this section in a uniform that bears at least
131 one patch or emblem visible at all times clearly identifying the
132 employing agency.
133
134 ================= T I T L E A M E N D M E N T ================
135 And the title is amended as follows:
136 Delete lines 2 - 16
137 and insert:
138 An act relating to the Department of Agriculture and
139 Consumer Services; amending s. 163.3162, F.S.;
140 defining the term “governmental entity”; prohibiting
141 certain governmental entities from charging stormwater
142 management assessments or fees on certain bona fide
143 farm operations except under certain circumstances;
144 providing for applicability; amending s. 206.41, F.S.;
145 revising the definition of the term “agricultural and
146 aquacultural purposes” for purposes of the required
147 refund of state taxes imposed on motor fuel used for
148 such purposes; amending s. 316.515, F.S.; revising the
149 Florida Uniform Traffic Control Law to authorize the
150 use of citrus harvesting equipment and citrus fruit
151 loaders to transport certain agricultural products and
152 to authorize the use of certain motor vehicles to
153 transport citrus; amending s. 493.6120, F.S.;
154 providing that a person who engages in any activity
155 for which ch. 493, F.S., requires a license, but who
156 acts without having a license, commits a misdemeanor
157 of the first degree; providing that such person
158 commits a felony of the third degree for a second or
159 subsequent offense of engaging in activities without a
160 license; authorizing the Department of Agriculture and
161 Consumer Services to impose a civil penalty not to
162 exceed a specified amount; providing that penalties do
163 not apply if the person engaged in unlicensed activity
164 within 90 days after the expiration date of the
165 person’s license; providing that a person who, while
166 impersonating a security officer, private
167 investigator, recovery agent, or other person required
168 to have a license under ch. 493, F.S., knowingly and
169 intentionally forces another person to assist the
170 impersonator in an activity within the scope of duty
171 of a professional licensed under ch. 493, F.S.,
172 commits a felony of the third degree; providing that a
173 person who impersonates a security officer or other
174 designated officer during the commission of a felony
175 commits a felony of the second degree; providing that
176 a person who impersonates a security officer or other
177 designated officer during the commission of a felony
178 that results in death or serious bodily injury to
179 another human being commits a felony of the first
180 degree; authorizing a licensed security officer or a
181 licensed security agency manager to detain a person on
182 the premises of a critical infrastructure facility in
183 certain circumstances; requiring the security officer
184 to notify the law enforcement agency as soon as
185 possible; requiring that custody of any person
186 temporarily detained be immediately transferred to the
187 responding law enforcement officer; providing for an
188 exception to the immediate transfer; providing that
189 the responsibilities of the security officer are
190 limited to specified locations; prohibiting a security
191 officer from detaining a person longer than is
192 reasonably necessary; authorizing the security officer
193 to search the person detained under certain
194 circumstances; defining the term “critical
195 infrastructure facility”; providing identification
196 requirements for certain licensed security officers;
197 amending