Senate Bill sb1298
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Florida Senate - 2007 SB 1298
By Senator Baker
20-1029-07
1 A bill to be entitled
2 An act relating to the rights and
3 responsibilities of licensed security officers;
4 amending s. 493.6305, F.S.; authorizing
5 licensed security officers to temporarily
6 detain persons under certain circumstances for
7 specified purposes; requiring security officers
8 who detain any person to notify the appropriate
9 law enforcement agency and transfer custody of
10 the detainee to the responding law enforcement
11 officer; limiting the permissible location and
12 duration of detention by a security officer;
13 authorizing a security officer to search a
14 detainee or a potential detainee for weapons if
15 the officer has probable cause to believe that
16 the detainee is armed with such a weapon;
17 requiring a security officer to seize any
18 weapon found pursuant to a search and provide
19 such weapon to the responding law enforcement
20 officer; requiring a security officer to return
21 to his or her employer all uniforms and other
22 equipment issued by the employer immediately
23 upon resignation or termination of employment;
24 providing an effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Section 493.6305, Florida Statutes, is
29 amended to read:
30 493.6305 Uniforms, required wear; exceptions.--
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Florida Senate - 2007 SB 1298
20-1029-07
1 (1) Class "D" licensees shall perform duties regulated
2 under this chapter wearing in a uniform that which bears at
3 least one patch or emblem that is visible at all times and
4 that clearly identifies identifying the employing agency. A
5 Class "D" licensed security officer who is in uniform, who is
6 on duty at the premises of a client, and who encounters any
7 person under circumstances that reasonably indicate that such
8 person has committed, is committing, or is about to commit a
9 violation of the criminal laws of this state or the criminal
10 ordinances of any municipality or county may temporarily
11 detain such person for the purpose of ascertaining his or her
12 identity and the circumstances surrounding the person's
13 activities on the premises of the client. Upon resignation or
14 termination of employment, a Class "D" licensee shall
15 immediately return to the employer any uniform and any other
16 equipment issued to her or him by the employer.
17 (2) Upon temporarily detaining any person, the
18 licensed security officer shall notify the appropriate law
19 enforcement agency as soon as is reasonably possible.
20 Temporary detention by a licensed security officer shall be
21 solely for the purpose of holding that person until a law
22 enforcement officer arrives, and any person being temporarily
23 detained shall be immediately given over to the responding law
24 enforcement officer for purposes of determining an appropriate
25 disposition.
26 (3) A person may not be temporarily detained under
27 subsection (1) or subsection (2) after the arrival of a law
28 enforcement officer except upon the authority of the law
29 enforcement officer. Such temporary detention by a licensed
30 security officer may not extend beyond the place where it was
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Florida Senate - 2007 SB 1298
20-1029-07
1 initiated or the immediate vicinity thereof, unless dangerous
2 mitigating circumstances exist.
3 (4) A person may not be temporarily detained under
4 subsection (2) longer than is reasonably necessary to fulfill
5 the purposes of that subsection. Such temporary detention may
6 not extend beyond the place where it was initiated or the
7 immediate vicinity thereof, unless dangerous mitigating
8 circumstances exist.
9 (5) If a licensed security officer who is authorized
10 to temporarily detain any person under subsection (1) has
11 probable cause to believe that the person whom the security
12 officer has temporarily detained, or is about to detain, is
13 armed with a dangerous weapon and is a threat to the safety of
14 the security officer or any other person, the security officer
15 may search that person to the extent necessary to disclose,
16 and only for the purpose of disclosing, the presence of a
17 weapon. If such a search discloses a dangerous weapon or any
18 evidence of a criminal offense, the weapon may be seized and
19 shall be provided to the responding law enforcement officer.
20 (6)(2) Class "D" licensees may perform duties
21 regulated under this chapter in nonuniform status on a limited
22 special assignment basis, and only when duty circumstances or
23 special requirements of the client necessitate such dress.
24 (7)(3) Class "D" licensees who are also Class "G"
25 licensees and who are performing limited, special assignment
26 duties may carry their authorized firearm concealed in the
27 conduct of such duties.
28 (8) Upon resignation or termination of employment, a
29 Class "D" licensee shall immediately return to the employer
30 any uniform and any other equipment issued to her or him by
31 the employer.
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Florida Senate - 2007 SB 1298
20-1029-07
1 Section 2. This act shall take effect July 1, 2007.
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4 SENATE SUMMARY
5 Authorizes licensed security officers to temporarily
detain persons under certain circumstances for specified
6 purposes. Requires security officers who detain any
person to notify the appropriate law enforcement agency
7 and transfer custody of detainees to the responding law
enforcement officer. Limits the permissible location and
8 duration of detention by security officers. Authorizes
security officers to search detainees or potential
9 detainees for the presence of dangerous weapons under
certain circumstances. Requires security officers to
10 seize all weapons found pursuant to a search and provide
such weapons to the responding law enforcement officer.
11 Requires security officers to return uniforms and
equipment to their employers immediately upon resignation
12 or termination of employment.
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