Bill Text: FL S0154 | 2012 | Regular Session | Comm Sub
Bill Title: Licensed Security Officers
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S0154 Detail]
Download: Florida-2012-S0154-Comm_Sub.html
Florida Senate - 2012 CS for SB 154 By the Committee on Budget Subcommittee on General Government Appropriations; and Senator Latvala 601-02766-12 2012154c1 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 of a felony that results 28 in death or serious bodily injury to another human 29 being commits a felony of the first degree; 30 authorizing a licensed security officer or a licensed 31 security agency manager to detain a person on the 32 premises of a critical infrastructure facility in 33 certain circumstances; requiring the security officer 34 to notify the law enforcement agency as soon as 35 possible; requiring that custody of any person 36 temporarily detained be immediately transferred to the 37 responding law enforcement officer; providing for an 38 exception to the immediate transfer; providing that 39 the responsibilities of the security officer are 40 limited to specified locations; prohibiting a security 41 officer from detaining a person longer than is 42 reasonably necessary; authorizing the security officer 43 to search the person detained under certain 44 circumstances; defining the term “critical 45 infrastructure facility”; providing identification 46 requirements for certain licensed security officers; 47 providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 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)AAnyperson 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)AAnyperson who is convicted of any violation of 87 this chapter isshallnotbeeligible for licensure for a period 88 of 5 years. 89 (5)(3)AAnyperson 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)AAnyperson 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 Class 103 “G” license, or a licensed security agency manager who possesses 104 a valid Class “G” license, who is on duty, in uniform, providing 105 security services on the premises of a critical infrastructure 106 facility, and who has probable cause to believe that a person 107 has committed or is committing a crime against the client, or 108 the client’s patron, of the licensed security officer or the 109 licensed security agency manager, may temporarily detain the 110 person for the purpose of ascertaining his or her identity and 111 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 or security agency manager to 129 continue detaining the person. The responsibilities of the 130 licensed security officer or security agency manager do not 131 extend beyond the place where the person was first detained or 132 in the immediate vicinity. 133 (4) A person may not be temporarily detained under this 134 section longer than is reasonably necessary to effect the 135 purposes of this section. 136 (5) If a licensed security officer or security agency 137 manager, while detaining a person under this section, observes 138 that the person temporarily detained is armed with a firearm, a 139 concealed weapon, or a destructive device that poses a threat to 140 the safety of the security officer or security agency manager, 141 or any person for whom the security officer or security agency 142 manager is responsible for providing protection, or if the 143 detainee admits to having a weapon in his or her possession, the 144 security officer or security agency manager may conduct a search 145 of the person and his or her belongings only to the extent 146 necessary for the purpose of disclosing the presence of a 147 weapon. If the search reveals such a weapon, the weapon shall be 148 seized and transferred to the responding law enforcement 149 officer. 150 (6) As used in this section, the term “critical 151 infrastructure facility” means any one of the following, if it 152 employs measures such as fences, barriers, or guard posts that 153 are designed to exclude unauthorized persons and is determined 154 by a state or federal authority to be so vital to the state that 155 the incapacity or destruction of the facility would have a 156 debilitating impact on security, state economic stability, state 157 public health or safety, or any combination of those matters: 158 (a) A chemical manufacturing facility; 159 (b) A refinery; 160 (c) An electrical power plant as defined in s. 403.031, 161 Florida Statutes, including a substation, switching station, 162 electrical control center, or electric transmission or 163 distribution facility; 164 (d) A water intake structure, water treatment facility, 165 wastewater treatment plant, or pump station; 166 (e) A natural gas transmission compressor station; 167 (f) A liquid natural gas terminal or storage facility; 168 (g) A telecommunications central switching office; 169 (h) A deepwater port or railroad switching yard; 170 (i) A gas processing plant, including a plant used in the 171 processing, treatment, or fractionation of natural gas; or 172 (j) A public transportation facility as defined in s. 173 343.62, Florida Statutes. 174 (7) A Class “D” or Class “MB” licensee shall perform duties 175 regulated under this section in a uniform that bears at least 176 one patch or emblem visible at all times clearly identifying the 177 employing agency. 178 Section 3. This act shall take effect July 1, 2012.