| 1 | A bill to be entitled |
| 2 | An act relating to detention by licensed security |
| 3 | officers; amending s. 493.6305, F.S.; authorizing certain |
| 4 | licensed security officers to detain certain individuals |
| 5 | until the arrival of a law enforcement officer; providing |
| 6 | limits on such detention; requiring that such security |
| 7 | officers notify the appropriate law enforcement agency as |
| 8 | quickly as possible; requiring the transfer of an alleged |
| 9 | offender to the custody of the officer; authorizing |
| 10 | limited searches of certain persons when a licensed |
| 11 | security officer has probable cause to believe that the |
| 12 | person is armed with a dangerous weapon; requiring that |
| 13 | seized weapons be provided to a responding law enforcement |
| 14 | officer; defining the term "probable cause" for the |
| 15 | purpose of temporarily detaining a person suspected of |
| 16 | having committed a crime; amending s. 493.6118, F.S.; |
| 17 | conforming provisions to changes made by the act; amending |
| 18 | s. 493.6115, F.S.; conforming a cross-reference; providing |
| 19 | an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 493.6305, Florida Statutes, is amended |
| 24 | to read: |
| 25 | 493.6305 Uniforms, required wear; authority limitations |
| 26 | exceptions.- |
| 27 | (1) Class "D" and Class "MB" licensees shall perform |
| 28 | duties regulated under this chapter in a uniform that which |
| 29 | bears at least one patch or emblem visible at all times |
| 30 | identifying the employing agency. A licensed security |
| 31 | who also possesses a valid Class "G" license, or a licensed |
| 32 | security agency manager who also possesses a valid Class "G" |
| 33 | license, who is on duty, in uniform, and on the premises of a |
| 34 | client, and who has probable cause to believe that a person has |
| 35 | committed or is committing a crime against the client or patrons |
| 36 | thereof, may temporarily detain the person for the purpose of |
| 37 | ascertaining his or her identity and the circumstances of the |
| 38 | activity that is the basis for the temporary detention. The |
| 39 | detaining officer may detain the person in a reasonable manner |
| 40 | until the responding law enforcement officer arrives at the |
| 41 | premises of the client and is in the presence of the detainee. |
| 42 | Upon resignation or termination of employment, a Class "D" |
| 43 | licensee shall immediately return to the employer any uniform |
| 44 | and any other equipment issued to her or him by the employer. |
| 45 | (2) When temporarily detaining any person, the licensed |
| 46 | security officer or security agency manager shall notify the |
| 47 | appropriate law enforcement agency as soon as reasonably |
| 48 | possible. Temporary detention of a person by a licensed security |
| 49 | officer or security agency manager must be done solely for the |
| 50 | purpose of detaining the person before the arrival of a law |
| 51 | enforcement officer, and custody of any person being temporarily |
| 52 | detained shall be immediately transferred to the responding law |
| 53 | enforcement officer for determination of appropriate |
| 54 | disposition. |
| 55 | (3) A person may not be further detained under this |
| 56 | section upon the arrival of a law enforcement officer except |
| 57 | under the authority of the responding law enforcement officer. |
| 58 | The temporary detention by a licensed security officer or |
| 59 | security agency manager may not extend beyond the place where it |
| 60 | was first affected or the immediate vicinity thereof. |
| 61 | (4) A person may not be temporarily detained under |
| 62 | subsection (2) longer than is reasonably necessary to effect the |
| 63 | purposes of this section. |
| 64 | (5)(a) If 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 the person |
| 67 | whom the security officer has temporarily detained, or is about |
| 68 | to temporarily detain, is armed with a firearm, concealed |
| 69 | weapon, or any destructive device that poses a threat to the |
| 70 | safety of the security officer or any person for whom the |
| 71 | security officer is responsible for providing protection, the |
| 72 | security officer or security agency manager may conduct a search |
| 73 | of the person and his or her belongings only to the extent |
| 74 | necessary for the purpose of disclosing the presence of a |
| 75 | weapon. If the search reveals such a weapon, the weapon may be |
| 76 | seized and shall be provided to the responding law enforcement |
| 77 | officer. |
| 78 | (b) For the purpose of this subsection, the term "probable |
| 79 | cause" is limited to the observation of the security officer or |
| 80 | security agency manager or the admission of the detainee that |
| 81 | the detainee has a weapon in his or her possession. |
| 82 | (6)(2) Class "D" licensees may perform duties regulated |
| 83 | under this chapter in nonuniform status on a limited special |
| 84 | assignment basis, and only when duty circumstances or special |
| 85 | requirements of the client necessitate such dress. |
| 86 | (7)(3) Class "D" licensees who are also Class "G" |
| 87 | licensees and who are performing limited, special assignment |
| 88 | duties may carry their authorized firearm concealed in the |
| 89 | conduct of such duties. |
| 90 | (8) Upon resignation or termination of employment, a Class |
| 91 | "D" licensee shall immediately return to the employer any |
| 92 | uniform and any other equipment issued to him or her by the |
| 93 | employer. |
| 94 | Section 2. Paragraph (j) of subsection (1) of section |
| 95 | 493.6118, Florida Statutes, is amended to read: |
| 96 | 493.6118 Grounds for disciplinary action.- |
| 97 | (1) The following constitute grounds for which |
| 98 | disciplinary action specified in subsection (2) may be taken by |
| 99 | the department against any licensee, agency, or applicant |
| 100 | regulated by this chapter, or any unlicensed person engaged in |
| 101 | activities regulated under this chapter. |
| 102 | (j) Commission of an act of violence or the use of force |
| 103 | on any person except in the lawful protection of one's self or |
| 104 | another from physical harm or in the process of a lawful |
| 105 | detention of a suspect while awaiting the arrival of a law |
| 106 | enforcement officer. |
| 107 | Section 3. Subsection (4) of section 493.6115, Florida |
| 108 | Statutes, is amended to read: |
| 109 | 493.6115 Weapons and firearms.- |
| 110 | (4) A Class "C" or Class "CC" licensee 21 years of age or |
| 111 | older who has also been issued a Class "G" license may carry, in |
| 112 | the performance of her or his duties, a concealed firearm. A |
| 113 | Class "D" licensee 21 years of age or older who has also been |
| 114 | issued a Class "G" license may carry a concealed firearm in the |
| 115 | performance of her or his duties under the conditions specified |
| 116 | in s. 493.6305(6) s. 493.6305(2). The Class "G" license shall |
| 117 | clearly indicate such authority. The authority of any such |
| 118 | licensee to carry a concealed firearm shall be valid throughout |
| 119 | the state, in any location, while performing services within the |
| 120 | scope of the license. |
| 121 | Section 4. This act shall take effect July 1, 2010. |