Bill Text: FL H1333 | 2011 | Regular Session | Introduced

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Bill Title: Licensed Security Officers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1333 Detail]

Download: Florida-2011-H1333-Introduced.html

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HB 1333

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
58	Be It Enacted by the Legislature of the State of Florida:
59
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.

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