| 1 | A bill to be entitled |
| 2 | An act relating to licensed security officers; amending s. |
| 3 | 493.6120, F.S.; providing that a person who engages in any |
| 4 | activity for which ch. 493, F.S., requires a license, but |
| 5 | acts without having a license, commits a misdemeanor of |
| 6 | the first degree; providing that a person commits a felony |
| 7 | of the third degree for a second or subsequent offense of |
| 8 | engaging in activities without a license; authorizing the |
| 9 | Department of Agriculture and Consumer Services to impose |
| 10 | a civil penalty not to exceed a specified amount; |
| 11 | providing that penalties do not apply if the person |
| 12 | engaged in unlicensed activity within 90 days after the |
| 13 | expiration date of the person's license; providing that a |
| 14 | person who, while impersonating a security officer, |
| 15 | private investigator, recovery agent, or other person |
| 16 | required to have a license under ch. 493, F.S., knowingly |
| 17 | and intentionally forces another person to assist the |
| 18 | impersonator in an activity within the scope of duty of a |
| 19 | professional licensed under ch. 493, F.S., commits a |
| 20 | felony of the third degree; providing that a person who |
| 21 | impersonates a security officer or other designated |
| 22 | officer during the commission of a felony commits a felony |
| 23 | of the second degree; providing that a person who |
| 24 | impersonates a security officer or other designated |
| 25 | officer during the commission a felony that results in |
| 26 | death or serious bodily injury to another human being |
| 27 | commits a felony of the first degree; authorizing a |
| 28 | licensed security officer or a licensed security agency |
| 29 | manager to detain a person on the premises of a critical |
| 30 | infrastructure facility if the security officer has |
| 31 | probable cause to believe that the person has committed or |
| 32 | is committing a crime and for the purpose of ascertaining |
| 33 | the person's identity and the circumstances of the |
| 34 | activity that is the basis for the temporary detention; |
| 35 | providing that the person may be detained until a |
| 36 | responding law enforcement officer arrives at the critical |
| 37 | infrastructure facility; requiring the security officer to |
| 38 | notify the law enforcement agency as soon as possible; |
| 39 | requiring that custody of any person temporarily detained |
| 40 | be immediately transferred to the responding law |
| 41 | enforcement officer; prohibiting a licensed security |
| 42 | officer or security agency manager from detaining a person |
| 43 | after the arrival of a law enforcement officer unless the |
| 44 | law enforcement officer requests the security officer to |
| 45 | assist in detaining the person; authorizing the security |
| 46 | officer to search the person detained if the security |
| 47 | officer observes that the person temporarily detained is |
| 48 | armed with a firearm, concealed weapon, or any destructive |
| 49 | device that poses a threat to the safety of the security |
| 50 | officer, or the detainee admits to the security officer |
| 51 | that he or she is armed with a weapon; requiring the |
| 52 | security officer to seize any weapon discovered and |
| 53 | transfer the weapon to the responding law enforcement |
| 54 | officer; defining the term "critical infrastructure |
| 55 | facility"; providing identification requirements for |
| 56 | licensed security officers; providing an effective date. |
| 57 |
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| 58 | Be It Enacted by the Legislature of the State of Florida: |
| 59 |
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| 60 | Section 1. Section 493.6120, Florida Statutes, is amended |
| 61 | to read: |
| 62 | 493.6120 Violations; penalty.- |
| 63 | (1)(a) Except as provided in paragraph (c), a person who |
| 64 | engages in any activity for which this chapter requires a |
| 65 | license and who does not hold the required license commits a |
| 66 | misdemeanor of the first degree, punishable as provided in s. |
| 67 | 775.082 or s. 775.083. |
| 68 | (b) A second or subsequent violation of paragraph (a) is a |
| 69 | felony of the third degree, punishable as provided in s. |
| 70 | 775.082, s. 775.083, or s. 775.084, and the department may seek |
| 71 | the imposition of a civil penalty not to exceed $10,000. |
| 72 | (c) Paragraph (a) does not apply if the person engages in |
| 73 | unlicensed activity within 90 days after the date of the |
| 74 | expiration of his or her license. |
| 75 | (2)(a) A person who, while impersonating a security |
| 76 | officer, private investigator, recovery agent, or other person |
| 77 | required to have a license under this chapter, knowingly and |
| 78 | intentionally forces another person to assist the impersonator |
| 79 | in an activity within the scope of duty of a professional |
| 80 | licensed under this chapter commits a felony of the third |
| 81 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 82 | 775.084. |
| 83 | (b) A person who violates paragraph (a) during the course |
| 84 | of committing a felony commits a felony of the second degree, |
| 85 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 86 | (c) A person who violates paragraph (a) during the course |
| 87 | of committing a felony that results in death or serious bodily |
| 88 | injury to another human being commits a felony of the first |
| 89 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 90 | 775.084. |
| 91 | (3)(1) Any person who violates any provision of this |
| 92 | chapter except s. 493.6405, subsection (1), or subsection (2) |
| 93 | commits a misdemeanor of the first degree, punishable as |
| 94 | provided in s. 775.082 or s. 775.083. |
| 95 | (4)(2) Any person who is convicted of any violation of |
| 96 | this chapter is shall not be eligible for licensure for a period |
| 97 | of 5 years. |
| 98 | (5)(3) Any person who violates or disregards any cease and |
| 99 | desist order issued by the department commits a misdemeanor of |
| 100 | the first degree, punishable as provided in s. 775.082 or s. |
| 101 | 775.083. In addition, the department may seek the imposition of |
| 102 | a civil penalty not to exceed $5,000. |
| 103 | (6)(4) Any person who was an owner, officer, partner, or |
| 104 | manager of a licensed agency at the time of any activity that is |
| 105 | the basis for revocation of the agency or branch office license |
| 106 | and who knew or should have known of the activity, shall have |
| 107 | his or her personal licenses or approval suspended for 3 years |
| 108 | and may not have any financial interest in or be employed in any |
| 109 | capacity by a licensed agency during the period of suspension. |
| 110 | Section 2. Protecting critical infrastructure facilities.- |
| 111 | (1) A licensed security officer who possesses a valid |
| 112 | Class "G" license, or a licensed security agency manager who |
| 113 | possesses a valid Class "G" license, who is on duty, in uniform, |
| 114 | providing security services on the premises of a critical |
| 115 | infrastructure facility, and has probable cause to believe that |
| 116 | a person has committed or is committing a crime against the |
| 117 | licensed security officer's client or patrons thereof, may |
| 118 | temporarily detain the person for the purpose of ascertaining |
| 119 | his or her identity and the circumstances of the activity that |
| 120 | is the basis for the temporary detention. The security officer |
| 121 | may detain the person in a reasonable manner until the |
| 122 | responding law enforcement officer arrives at the premises of |
| 123 | the client and is in the presence of the detainee. |
| 124 | (2) When temporarily detaining a person, the licensed |
| 125 | security officer or security agency manager shall notify the |
| 126 | appropriate law enforcement agency as soon as reasonably |
| 127 | possible. Temporary detention of a person by a licensed security |
| 128 | officer or security agency manager must be done solely for the |
| 129 | purpose of detaining the person before the arrival of a law |
| 130 | enforcement officer. Custody of any person being temporarily |
| 131 | detained shall be immediately transferred to the responding law |
| 132 | enforcement officer. |
| 133 | (3) A licensed security officer or security agency manager |
| 134 | may not detain a person under this section after the arrival of |
| 135 | a law enforcement officer unless the law enforcement officer |
| 136 | requests the security officer to continue detaining the person. |
| 137 | The responsibilities of the licensed security officer or |
| 138 | security agency manager do not extend beyond the place where the |
| 139 | person was first detained or in the immediate vicinity. |
| 140 | (4) A person may not be temporarily detained under this |
| 141 | section longer than is reasonably necessary to effect the |
| 142 | purposes of this section. |
| 143 | (5) If a licensed security officer or security agency |
| 144 | manager while detaining a person pursuant to this section |
| 145 | observes that the person temporarily detained is armed with a |
| 146 | firearm, concealed weapon, or any destructive device that poses |
| 147 | a threat to the safety of the security officer or any person for |
| 148 | whom the security officer is responsible for providing |
| 149 | protection, or the detainee admits to having a weapon in his or |
| 150 | her possession, the security officer or security agency manager |
| 151 | may conduct a search of the person and his or her belongings |
| 152 | only to the extent necessary for the purpose of disclosing the |
| 153 | presence of a weapon. If the search reveals such a weapon, the |
| 154 | weapon shall be seized and transferred to the responding law |
| 155 | enforcement officer. |
| 156 | (6) As used in this section, the term "critical |
| 157 | infrastructure facility" means any one of the following, if it |
| 158 | employs measures such as fences, barriers, or guard posts that |
| 159 | are designed to exclude unauthorized personnel and is determined |
| 160 | by a state or federal authority to be so vital to the state that |
| 161 | the incapacity or destruction of the facility would have a |
| 162 | debilitating impact on security, state economic stability, state |
| 163 | public health or safety, or any combination of those matters: |
| 164 | (a) A chemical manufacturing facility; |
| 165 | (b) A refinery; |
| 166 | (c) An electrical power generating facility, substation, |
| 167 | switching station, electrical control center, or electrical |
| 168 | transmission or distribution facility; |
| 169 | (d) A water intake structure, water treatment facility, |
| 170 | wastewater treatment plant, or pump station; |
| 171 | (e) A natural gas transmission compressor station; |
| 172 | (f) A liquid natural gas terminal or storage facility; |
| 173 | (g) A telecommunications central switching office; |
| 174 | (h) A deep water seaport or railroad switching yard; or |
| 175 | (i) A gas processing plant, including a plant used in the |
| 176 | processing, treatment, or fractionation of natural gas. |
| 177 | (7) Class "D" and Class "MB" licensees shall perform |
| 178 | duties regulated under this chapter in a uniform that bears at |
| 179 | least one patch or emblem visible at all times clearly |
| 180 | identifying the employing agency. |
| 181 | Section 3. This act shall take effect July 1, 2011. |