1 | A bill to be entitled |
2 | An act relating to licensed security officers; |
3 | amending s. 493.6120, F.S.; providing that a person |
4 | who engages in any activity for which ch. 493, F.S., |
5 | requires a license, but who acts without having a |
6 | license, commits a misdemeanor of the first degree; |
7 | providing that such person commits a felony of the |
8 | third degree for a second or subsequent offense of |
9 | engaging in activities without a license; authorizing |
10 | the Department of Agriculture and Consumer Services to |
11 | impose a civil penalty not to exceed a specified |
12 | amount; providing that penalties do not apply if the |
13 | person engaged in unlicensed activity within 90 days |
14 | after the expiration date of the person's license; |
15 | providing that a person who, while impersonating a |
16 | security officer, private investigator, recovery |
17 | agent, or other person required to have a license |
18 | under ch. 493, F.S., knowingly and intentionally |
19 | forces another person to assist the impersonator in an |
20 | activity within the scope of duty of a professional |
21 | licensed under ch. 493, F.S., commits a felony of the |
22 | third degree; providing that a person who impersonates |
23 | a security officer or other designated officer during |
24 | the commission of a felony commits a felony of the |
25 | second degree; providing that a person who |
26 | impersonates a security officer or other designated |
27 | officer during the commission a felony that results in |
28 | death or serious bodily injury to another human being |
29 | commits a felony of the first degree; authorizing a |
30 | licensed security officer or a licensed security |
31 | agency manager to detain a person on the premises of a |
32 | critical infrastructure facility in certain |
33 | circumstances; requiring the security officer to |
34 | notify the law enforcement agency as soon as possible; |
35 | requiring that custody of any person temporarily |
36 | detained be immediately transferred to the responding |
37 | law enforcement officer; providing for an exception to |
38 | the immediate transfer; providing that the |
39 | responsibilities of the security officer are limited |
40 | to specified locations; prohibiting a security officer |
41 | from detaining a person longer than is reasonably |
42 | necessary; authorizing the security officer to search |
43 | the person detained under certain circumstances; |
44 | defining the term "critical infrastructure facility"; |
45 | providing identification requirements for certain |
46 | licensed security officers; providing an effective |
47 | date. |
48 |
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49 | Be It Enacted by the Legislature of the State of Florida: |
50 |
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51 | Section 1. Section 493.6120, Florida Statutes, is amended |
52 | to read: |
53 | 493.6120 Violations; penalty.- |
54 | (1)(a) Except as provided in paragraph (c), a person who |
55 | engages in any activity for which this chapter requires a |
56 | license and who does not hold the required license commits a |
57 | misdemeanor of the first degree, punishable as provided in s. |
58 | 775.082 or s. 775.083. |
59 | (b) A second or subsequent violation of paragraph (a) is a |
60 | felony of the third degree, punishable as provided in s. |
61 | 775.082, s. 775.083, or s. 775.084, and the department may seek |
62 | the imposition of a civil penalty not to exceed $10,000. |
63 | (c) Paragraph (a) does not apply if the person engages in |
64 | unlicensed activity within 90 days after the date of the |
65 | expiration of his or her license. |
66 | (2)(a) A person who, while impersonating a security |
67 | officer, private investigator, recovery agent, or other person |
68 | required to have a license under this chapter, knowingly and |
69 | intentionally forces another person to assist the impersonator |
70 | in an activity within the scope of duty of a professional |
71 | licensed under this chapter commits a felony of the third |
72 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
73 | 775.084. |
74 | (b) A person who violates paragraph (a) during the course |
75 | of committing a felony commits a felony of the second degree, |
76 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
77 | (c) A person who violates paragraph (a) during the course |
78 | of committing a felony that results in death or serious bodily |
79 | injury to another human being commits a felony of the first |
80 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
81 | 775.084. |
82 | (3)(1) A Any person who violates any provision of this |
83 | chapter, except s. 493.6405, subsection (1), or subsection (2), |
84 | commits a misdemeanor of the first degree, punishable as |
85 | provided in s. 775.082 or s. 775.083. |
86 | (4)(2) A Any person who is convicted of any violation of |
87 | this chapter is shall not be eligible for licensure for a period |
88 | of 5 years. |
89 | (5)(3) A Any person who violates or disregards any cease |
90 | and desist order issued by the department commits a misdemeanor |
91 | of the first degree, punishable as provided in s. 775.082 or s. |
92 | 775.083. In addition, the department may seek the imposition of |
93 | a civil penalty not to exceed $5,000. |
94 | (6)(4) A Any person who was an owner, officer, partner, or |
95 | manager of a licensed agency at the time of any activity that is |
96 | the basis for revocation of the agency or branch office license |
97 | and who knew or should have known of the activity, shall have |
98 | his or her personal licenses or approval suspended for 3 years |
99 | and may not have any financial interest in or be employed in any |
100 | capacity 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 |
103 | Class "G" license, or a licensed security agency manager who |
104 | possesses a valid Class "G" license, who is on duty, in uniform, |
105 | providing security services on the premises of a critical |
106 | infrastructure facility, and who has probable cause to believe |
107 | that a person has committed or is committing a crime against the |
108 | client, or the client's patron, of the licensed security officer |
109 | or the licensed security agency manager, may temporarily detain |
110 | the person for the purpose of ascertaining his or her identity |
111 | and the circumstances of the activity that is the basis for the |
112 | temporary detention. The security officer or security agency |
113 | manager may detain the person in a reasonable manner until the |
114 | responding law enforcement officer arrives at the premises of |
115 | the client and is in the presence of the detainee. |
116 | (2) When temporarily detaining a person, the licensed |
117 | security officer or security agency manager shall notify the |
118 | appropriate law enforcement agency as soon as reasonably |
119 | possible. Temporary detention of a person by a licensed security |
120 | officer or security agency manager must be done solely for the |
121 | purpose of detaining the person before the arrival of a law |
122 | enforcement officer. Custody of any person being temporarily |
123 | detained shall be immediately transferred to the responding law |
124 | enforcement officer. |
125 | (3) A licensed security officer or security agency manager |
126 | may not detain a person under this section after the arrival of |
127 | a law enforcement officer unless the law enforcement officer |
128 | requests the security officer to continue detaining the person. |
129 | The responsibilities of the licensed security officer or |
130 | security agency manager do not extend beyond the place where the |
131 | person was first detained or in the immediate vicinity. |
132 | (4) A person may not be temporarily detained under this |
133 | section longer than is reasonably necessary to effect the |
134 | purposes of this section. |
135 | (5) If a licensed security officer or security agency |
136 | manager, while detaining a person under this section, observes |
137 | that the person temporarily detained is armed with a firearm, a |
138 | concealed weapon, or a destructive device that poses a threat to |
139 | the safety of the security officer or security agency manager, |
140 | or any person for whom the security officer or security agency |
141 | manager is responsible for providing protection, or if the |
142 | detainee admits to having a weapon in his or her possession, the |
143 | security officer or security agency manager may conduct a search |
144 | of the person and his or her belongings only to the extent |
145 | necessary for the purpose of disclosing the presence of a |
146 | weapon. If the search reveals such a weapon, the weapon shall be |
147 | seized and transferred to the responding law enforcement |
148 | officer. |
149 | (6) As used in this section, the term "critical |
150 | infrastructure facility" means any one of the following, if it |
151 | employs measures such as fences, barriers, or guard posts that |
152 | are designed to exclude unauthorized persons and is determined |
153 | by a state or federal authority to be so vital to the state that |
154 | the incapacity or destruction of the facility would have a |
155 | debilitating impact on security, state economic stability, state |
156 | public 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, |
160 | Florida Statutes, including a substation, switching station, |
161 | electrical control center, or electric transmission or |
162 | distribution facility; |
163 | (d) A water intake structure, water treatment facility, |
164 | wastewater 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 |
170 | processing, treatment, or fractionation of natural gas; or |
171 | (j) A public transportation facility as defined in s. |
172 | 343.62, Florida Statutes. |
173 | (7) A Class "D" or Class "MB" licensee shall perform |
174 | duties regulated under this section in a uniform that bears at |
175 | least one patch or emblem visible at all times clearly |
176 | identifying the employing agency. |
177 | Section 3. This act shall take effect July 1, 2012. |