HB 513

1
A bill to be entitled
2An act relating to licensed security officers;
3amending s. 493.6120, F.S.; providing that a person
4who engages in any activity for which ch. 493, F.S.,
5requires a license, but who acts without having a
6license, commits a misdemeanor of the first degree;
7providing that such person commits a felony of the
8third degree for a second or subsequent offense of
9engaging in activities without a license; authorizing
10the Department of Agriculture and Consumer Services to
11impose a civil penalty not to exceed a specified
12amount; providing that penalties do not apply if the
13person engaged in unlicensed activity within 90 days
14after the expiration date of the person's license;
15providing that a person who, while impersonating a
16security officer, private investigator, recovery
17agent, or other person required to have a license
18under ch. 493, F.S., knowingly and intentionally
19forces another person to assist the impersonator in an
20activity within the scope of duty of a professional
21licensed under ch. 493, F.S., commits a felony of the
22third degree; providing that a person who impersonates
23a security officer or other designated officer during
24the commission of a felony commits a felony of the
25second degree; providing that a person who
26impersonates a security officer or other designated
27officer during the commission a felony that results in
28death or serious bodily injury to another human being
29commits a felony of the first degree; authorizing a
30licensed security officer or a licensed security
31agency manager to detain a person on the premises of a
32critical infrastructure facility in certain
33circumstances; requiring the security officer to
34notify the law enforcement agency as soon as possible;
35requiring that custody of any person temporarily
36detained be immediately transferred to the responding
37law enforcement officer; providing for an exception to
38the immediate transfer; providing that the
39responsibilities of the security officer are limited
40to specified locations; prohibiting a security officer
41from detaining a person longer than is reasonably
42necessary; authorizing the security officer to search
43the person detained under certain circumstances;
44defining the term "critical infrastructure facility";
45providing identification requirements for certain
46licensed security officers; providing an effective
47date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Section 493.6120, Florida Statutes, is amended
52to read:
53     493.6120  Violations; penalty.-
54     (1)(a)  Except as provided in paragraph (c), a person who
55engages in any activity for which this chapter requires a
56license and who does not hold the required license commits a
57misdemeanor of the first degree, punishable as provided in s.
58775.082 or s. 775.083.
59     (b)  A second or subsequent violation of paragraph (a) is a
60felony of the third degree, punishable as provided in s.
61775.082, s. 775.083, or s. 775.084, and the department may seek
62the imposition of a civil penalty not to exceed $10,000.
63     (c)  Paragraph (a) does not apply if the person engages in
64unlicensed activity within 90 days after the date of the
65expiration of his or her license.
66     (2)(a)  A person who, while impersonating a security
67officer, private investigator, recovery agent, or other person
68required to have a license under this chapter, knowingly and
69intentionally forces another person to assist the impersonator
70in an activity within the scope of duty of a professional
71licensed under this chapter commits a felony of the third
72degree, punishable as provided in s. 775.082, s. 775.083, or s.
73775.084.
74     (b)  A person who violates paragraph (a) during the course
75of committing a felony commits a felony of the second degree,
76punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
77     (c)  A person who violates paragraph (a) during the course
78of committing a felony that results in death or serious bodily
79injury to another human being commits a felony of the first
80degree, punishable as provided in s. 775.082, s. 775.083, or s.
81775.084.
82     (3)(1)  A Any person who violates any provision of this
83chapter, except s. 493.6405, subsection (1), or subsection (2),
84commits a misdemeanor of the first degree, punishable as
85provided in s. 775.082 or s. 775.083.
86     (4)(2)  A Any person who is convicted of any violation of
87this chapter is shall not be eligible for licensure for a period
88of 5 years.
89     (5)(3)  A Any person who violates or disregards any cease
90and desist order issued by the department commits a misdemeanor
91of the first degree, punishable as provided in s. 775.082 or s.
92775.083. In addition, the department may seek the imposition of
93a civil penalty not to exceed $5,000.
94     (6)(4)  A Any person who was an owner, officer, partner, or
95manager of a licensed agency at the time of any activity that is
96the basis for revocation of the agency or branch office license
97and who knew or should have known of the activity, shall have
98his or her personal licenses or approval suspended for 3 years
99and may not have any financial interest in or be employed in any
100capacity by a licensed agency during the period of suspension.
101     Section 2.  Protecting critical infrastructure facilities.-
102     (1)  A licensed security officer who possesses a valid
103Class "G" license, or a licensed security agency manager who
104possesses a valid Class "G" license, who is on duty, in uniform,
105providing security services on the premises of a critical
106infrastructure facility, and who has probable cause to believe
107that a person has committed or is committing a crime against the
108client, or the client's patron, of the licensed security officer
109or the licensed security agency manager, may temporarily detain
110the person for the purpose of ascertaining his or her identity
111and the circumstances of the activity that is the basis for the
112temporary detention. The security officer or security agency
113manager may detain the person in a reasonable manner until the
114responding law enforcement officer arrives at the premises of
115the client and is in the presence of the detainee.
116     (2)  When temporarily detaining a person, the licensed
117security officer or security agency manager shall notify the
118appropriate law enforcement agency as soon as reasonably
119possible. Temporary detention of a person by a licensed security
120officer or security agency manager must be done solely for the
121purpose of detaining the person before the arrival of a law
122enforcement officer. Custody of any person being temporarily
123detained shall be immediately transferred to the responding law
124enforcement officer.
125     (3)  A licensed security officer or security agency manager
126may not detain a person under this section after the arrival of
127a law enforcement officer unless the law enforcement officer
128requests the security officer to continue detaining the person.
129The responsibilities of the licensed security officer or
130security agency manager do not extend beyond the place where the
131person was first detained or in the immediate vicinity.
132     (4)  A person may not be temporarily detained under this
133section longer than is reasonably necessary to effect the
134purposes of this section.
135     (5)  If a licensed security officer or security agency
136manager, while detaining a person under this section, observes
137that the person temporarily detained is armed with a firearm, a
138concealed weapon, or a destructive device that poses a threat to
139the safety of the security officer or security agency manager,
140or any person for whom the security officer or security agency
141manager is responsible for providing protection, or if the
142detainee admits to having a weapon in his or her possession, the
143security officer or security agency manager may conduct a search
144of the person and his or her belongings only to the extent
145necessary for the purpose of disclosing the presence of a
146weapon. If the search reveals such a weapon, the weapon shall be
147seized and transferred to the responding law enforcement
148officer.
149     (6)  As used in this section, the term "critical
150infrastructure facility" means any one of the following, if it
151employs measures such as fences, barriers, or guard posts that
152are designed to exclude unauthorized persons and is determined
153by a state or federal authority to be so vital to the state that
154the incapacity or destruction of the facility would have a
155debilitating impact on security, state economic stability, state
156public health or safety, or any combination of those matters:
157     (a)  A chemical manufacturing facility;
158     (b)  A refinery;
159     (c)  An electrical power plant as defined in s. 403.031,
160Florida Statutes, including a substation, switching station,
161electrical control center, or electric transmission or
162distribution facility;
163     (d)  A water intake structure, water treatment facility,
164wastewater treatment plant, or pump station;
165     (e)  A natural gas transmission compressor station;
166     (f)  A liquid natural gas terminal or storage facility;
167     (g)  A telecommunications central switching office;
168     (h)  A deepwater port or railroad switching yard;
169     (i)  A gas processing plant, including a plant used in the
170processing, treatment, or fractionation of natural gas; or
171     (j)  A public transportation facility as defined in s.
172343.62, Florida Statutes.
173     (7)  A Class "D" or Class "MB" licensee shall perform
174duties regulated under this section in a uniform that bears at
175least one patch or emblem visible at all times clearly
176identifying the employing agency.
177     Section 3.  This act shall take effect July 1, 2012.


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