| 1 | A bill to be entitled |
| 2 | An act relating to detention by security personnel; |
| 3 | amending s. 493.6305, F.S.; providing for temporary |
| 4 | detention of persons by specified licensed security |
| 5 | officers or managers under circumstances which reasonably |
| 6 | indicate that such persons have committed, are committing, |
| 7 | or are about to commit criminal violations; requiring |
| 8 | prompt notification of law enforcement agencies; providing |
| 9 | limits on the duration and location of such detention; |
| 10 | permitting limited searches of persons temporarily |
| 11 | detained; amending s. 493.6118, F.S.; revising |
| 12 | disciplinary grounds for licensed security personnel to |
| 13 | authorize the use of force or violence in the process of a |
| 14 | lawful detention and holding of a suspect for law |
| 15 | enforcement; amending s. 493.6115, F.S.; correcting a |
| 16 | cross-reference; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 493.6305, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 493.6305 Uniforms, required wear; exceptions; temporary |
| 23 | detention of persons.-- |
| 24 | (1) Class "D" and Class "MB" licensees shall perform |
| 25 | duties regulated under this chapter in a uniform which bears at |
| 26 | least one patch or emblem visible at all times clearly |
| 27 | identifying the employing agency. A licensed security officer |
| 28 | who also possesses a valid Class "G" license, or a licensed |
| 29 | security agency manager who also possess a valid Class "G" |
| 30 | license, who is on duty, in uniform, and on the premises of the |
| 31 | client, who encounters any person under circumstances which |
| 32 | reasonably indicate that such person has committed, is |
| 33 | committing, or is about to commit a violation of the criminal |
| 34 | laws of this state or the criminal ordinances of any |
| 35 | municipality or county, may temporarily detain such person for |
| 36 | the purpose of ascertaining the identity of the person |
| 37 | temporarily detained and the circumstances surrounding the |
| 38 | person's activities that led the security officer to believe |
| 39 | that the person had committed, was committing, or was about to |
| 40 | commit a criminal offense. Upon resignation or termination of |
| 41 | employment, a Class "D" licensee shall immediately return to the |
| 42 | employer any uniform and any other equipment issued to her or |
| 43 | him by the employer. |
| 44 | (2) Temporary detention by a licensed security officer or |
| 45 | security agency manager shall be solely for the purpose of |
| 46 | holding a person for law enforcement and any person being |
| 47 | temporarily detained shall be immediately given over to the |
| 48 | responding law enforcement officer for determination of |
| 49 | appropriate disposition. Upon temporarily detaining any person, |
| 50 | the licensed security officer or security agency manager shall |
| 51 | notify the appropriate law enforcement agency as soon as |
| 52 | reasonably possible. |
| 53 | (3) No person shall be temporarily detained under this |
| 54 | section after the arrival of a law enforcement officer except |
| 55 | upon the authority of such law enforcement officer. Such |
| 56 | temporary detention by a licensed security officer or security |
| 57 | agency manager shall not extend beyond the place where it was |
| 58 | first effected or the immediate vicinity thereof. |
| 59 | (4) No person shall be temporarily detained under the |
| 60 | provisions of subsection (2) longer than is reasonably necessary |
| 61 | to effect the purposes of that subsection. Such temporary |
| 62 | detention shall not extend beyond the place where it was first |
| 63 | effected or the immediate vicinity thereof. |
| 64 | (5) When a licensed security officer or security agency |
| 65 | manager who is authorized to temporarily detain a person under |
| 66 | subsection (1) has probable cause to believe that any person |
| 67 | whom the security officer has temporarily detained, or is about |
| 68 | to temporarily detain, is armed with a dangerous weapon and |
| 69 | therefore offers a threat to the safety of the security officer |
| 70 | or security agency manager or any other person, the security |
| 71 | officer or security agency manager may search such person so |
| 72 | temporarily detained, but only to the extent necessary to |
| 73 | disclose, and for the purpose of disclosing, the presence of a |
| 74 | weapon. If such a search discloses such a weapon or any evidence |
| 75 | of a criminal offense, the weapon or evidence may be seized and |
| 76 | shall be provided to the responding law enforcement officer. |
| 77 | (6)(2) Class "D" licensees may perform duties regulated |
| 78 | under this chapter in nonuniform status on a limited special |
| 79 | assignment basis, and only when duty circumstances or special |
| 80 | requirements of the client necessitate such dress. |
| 81 | (7)(3) Class "D" licensees who are also Class "G" |
| 82 | licensees and who are performing limited, special assignment |
| 83 | duties may carry their authorized firearm concealed in the |
| 84 | conduct of such duties. |
| 85 | (8) Upon resignation or termination of employment, a Class |
| 86 | "D" licensee shall immediately return to the employer any |
| 87 | uniform and any other equipment issued to her or him by the |
| 88 | employer. |
| 89 | Section 2. Paragraph (j) of subsection (1) of section |
| 90 | 493.6118, Florida Statutes, is amended to read: |
| 91 | 493.6118 Grounds for disciplinary action.-- |
| 92 | (1) The following constitute grounds for which |
| 93 | disciplinary action specified in subsection (2) may be taken by |
| 94 | the department against any licensee, agency, or applicant |
| 95 | regulated by this chapter, or any unlicensed person engaged in |
| 96 | activities regulated under this chapter. |
| 97 | (j) Commission of an act of violence or the use of force |
| 98 | on any person except in the lawful protection of one's self or |
| 99 | another from physical harm or in the process of a lawful |
| 100 | detention and holding of a suspect for law enforcement. |
| 101 | Section 3. Subsection (4) of section 493.6115, Florida |
| 102 | Statutes, is amended to read: |
| 103 | 493.6115 Weapons and firearms.-- |
| 104 | (4) A Class "C" or Class "CC" licensee 21 years of age or |
| 105 | older who has also been issued a Class "G" license may carry, in |
| 106 | the performance of her or his duties, a concealed firearm. A |
| 107 | Class "D" licensee 21 years of age or older who has also been |
| 108 | issued a Class "G" license may carry a concealed firearm in the |
| 109 | performance of her or his duties under the conditions specified |
| 110 | in s. 493.6305(7)(2). The Class "G" license shall clearly |
| 111 | indicate such authority. The authority of any such licensee to |
| 112 | carry a concealed firearm shall be valid throughout the state, |
| 113 | in any location, while performing services within the scope of |
| 114 | the license. |
| 115 | Section 4. This act shall take effect July 1, 2009. |