Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 1916
Barcode 163638
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/13/2011 .
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The Committee on Budget Subcommittee on General Government
Appropriations (Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3
4 Between lines 604 and 605
5 insert:
6 Section 15. 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) 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) Any person who is convicted of any violation of this
42 chapter is shall not be eligible for licensure for a period of 5
43 years.
44 (5)(3) Any person who violates or disregards any cease and
45 desist order issued by the department commits a misdemeanor of
46 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) 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 16. 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 has probable cause to believe that a person has
62 committed or is committing a crime against the licensed security
63 officer’s client or patrons thereof, may temporarily detain the
64 person for the purpose of ascertaining his or her identity and
65 the circumstances of the activity that is the basis for the
66 temporary detention. The security officer may detain the person
67 in a reasonable manner until the responding law enforcement
68 officer arrives at the premises of the client and is in the
69 presence of the detainee.
70 (2) When temporarily detaining a person, the licensed
71 security officer or security agency manager shall notify the
72 appropriate law enforcement agency as soon as reasonably
73 possible. Temporary detention of a person by a licensed security
74 officer or security agency manager must be done solely for the
75 purpose of detaining the person before the arrival of a law
76 enforcement officer. Custody of any person being temporarily
77 detained shall be immediately transferred to the responding law
78 enforcement officer.
79 (3) A licensed security officer or security agency manager
80 may not detain a person under this section after the arrival of
81 a law enforcement officer unless the law enforcement officer
82 requests the security officer to continue detaining the person.
83 The responsibilities of the licensed security officer or
84 security agency manager do not extend beyond the place where the
85 person was first detained or in the immediate vicinity.
86 (4) A person may not be temporarily detained under this
87 section longer than is reasonably necessary to effect the
88 purposes of this section.
89 (5) If a licensed security officer or security agency
90 manager while detaining a person pursuant to this section
91 observes that the person temporarily detained is armed with a
92 firearm, concealed weapon, or any destructive device that poses
93 a threat to the safety of the security officer or any person for
94 whom the security officer is responsible for providing
95 protection, or the detainee admits to having a weapon in his or
96 her possession, the security officer or security agency manager
97 may conduct a search of the person and his or her belongings
98 only to the extent necessary for the purpose of disclosing the
99 presence of a weapon. If the search reveals such a weapon, the
100 weapon shall be seized and transferred to the responding law
101 enforcement officer.
102 (6) As used in this section, the term “critical
103 infrastructure facility” means any one of the following, if it
104 employs measures such as fences, barriers, or guard posts that
105 are designed to exclude unauthorized personnel and is determined
106 by a state or federal authority to be so vital to the state that
107 the incapacity or destruction of the facility would have a
108 debilitating impact on security, state economic stability, state
109 public health or safety, or any combination of those matters:
110 (a) A chemical manufacturing facility;
111 (b) A refinery;
112 (c) An electrical power generating facility, substation,
113 switching station, electrical control center, or electrical
114 transmission or distribution facility;
115 (d) A water intake structure, water treatment facility,
116 wastewater treatment plant, or pump station;
117 (e) A natural gas transmission compressor station;
118 (f) A liquid natural gas terminal or storage facility;
119 (g) A telecommunications central switching office;
120 (h) A deep water seaport or railroad switching yard; or
121 (i) A gas processing plant, including a plant used in the
122 processing, treatment, or fractionation of natural gas.
123 (7) Class “D” and Class “MB” licensees shall perform duties
124 regulated under this section in a uniform that bears at least
125 one patch or emblem visible at all times clearly identifying the
126 employing agency.
127
128 ================= T I T L E A M E N D M E N T ================
129 And the title is amended as follows:
130 Between lines 50 and 51
131 insert:
132 amending s. 493.6120, F.S.; providing that a person
133 who engages in any activity for which ch. 493, F.S.,
134 requires a license, but acts without having a license,
135 commits a misdemeanor of the first degree; providing
136 that a person commits a felony of the third degree for
137 a second or subsequent offense of engaging in
138 activities without a license; authorizing the
139 Department of Agriculture and Consumer Services to
140 impose a civil penalty not to exceed a specified
141 amount; providing that penalties do not apply if the
142 person engaged in unlicensed activity within 90 days
143 after the expiration date of the person’s license;
144 providing that a person who, while impersonating a
145 security officer, private investigator, recovery
146 agent, or other person required to have a license
147 under ch. 493, F.S., knowingly and intentionally
148 forces another person to assist the impersonator in an
149 activity within the scope of duty of a professional
150 licensed under ch. 493, F.S., commits a felony of the
151 third degree; providing that a person who impersonates
152 a security officer or other designated officer during
153 the commission of a felony commits a felony of the
154 second degree; providing that a person who
155 impersonates a security officer or other designated
156 officer during the commission a felony that results in
157 death or serious bodily injury to another human being
158 commits a felony of the first degree; authorizing a
159 licensed security officer or a licensed security
160 agency manager to detain a person on the premises of a
161 critical infrastructure facility if the security
162 officer has probable cause to believe that the person
163 has committed or is committing a crime and for the
164 purpose of ascertaining the person’s identity and the
165 circumstances of the activity that is the basis for
166 the temporary detention; providing that the person may
167 be detained until a responding law enforcement officer
168 arrives at the critical infrastructure facility;
169 requiring the security officer to notify the law
170 enforcement agency as soon as possible; requiring that
171 custody of any person temporarily detained be
172 immediately transferred to the responding law
173 enforcement officer; prohibiting a licensed security
174 officer or security agency manager from detaining a
175 person after the arrival of a law enforcement officer
176 unless the law enforcement officer requests the
177 security officer to assist in detaining the person;
178 authorizing the security officer to search the person
179 detained if the security officer observes that the
180 person temporarily detained is armed with a firearm,
181 concealed weapon, or any destructive device that poses
182 a threat to the safety of the security officer, or the
183 detainee admits to the security officer that he or she
184 is armed with a weapon; requiring the security officer
185 to seize any weapon discovered and transfer the weapon
186 to the responding law enforcement officer; defining
187 the term “critical infrastructure facility”; providing
188 identification requirements for licensed security
189 officers;