HB 143

1
A bill to be entitled
2An act relating to detention by licensed security
3officers; amending s. 493.6305, F.S.; permitting certain
4licensed security officers to detain certain individuals
5until the arrival of law enforcement officers; providing
6limits on such detention; requiring the transfer of
7alleged offenders to officers' custody; authorizing
8limited searches of persons detained or about to be
9detained when the licensed security officer has probable
10cause to believe that a person is armed with a dangerous
11weapon; requiring that seized weapons and evidence be
12provided to a responding law enforcement officer; amending
13s. 493.6115, F.S.; conforming a cross-reference; providing
14an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 493.6305, Florida Statutes, is amended
19to read:
20     493.6305  Uniforms, required wear; exceptions; limited
21detention and search of suspects.--
22     (1)(a)  Class "D" licensees shall perform duties regulated
23under this chapter in a uniform that which bears at least one
24patch or emblem visible at all times clearly identifying the
25employing agency. Upon resignation or termination of employment,
26a Class "D" licensee shall immediately return to the employer
27any uniform and any other equipment issued to her or him by the
28employer.
29     (b)(2)  Class "D" licensees may perform duties regulated
30under this chapter in nonuniform status on a limited special
31assignment basis, and only when duty circumstances or special
32requirements of the client necessitate such dress.
33     (c)(3)  Class "D" licensees who are also Class "G"
34licensees and who are performing limited, special assignment
35duties may carry their authorized firearm concealed in the
36conduct of such duties.
37     (2)(a)  A class "D" licensee who is on duty, in uniform,
38and on the premises of the client and who encounters any person
39under circumstances that reasonably indicate that such person
40has committed, is committing, or is about to commit a violation
41of the criminal laws of this state or the criminal ordinances of
42any municipality or county may temporarily detain such person
43for the purpose of ascertaining the identity of the person
44temporarily detained and the circumstances surrounding the
45person's activities that led the class "D" licensee to believe
46that the person had committed, was committing, or was about to
47commit a criminal offense. Upon temporarily detaining any
48person, the class "D" licensee shall notify the appropriate law
49enforcement agency as soon as reasonably possible.
50     (b)  Temporary detention by a class "D" licensee shall be
51solely for the purpose of holding for law enforcement, and any
52person being temporarily detained shall be immediately given
53over to a responding law enforcement officer for determination
54of appropriate disposition.
55     (c)  No person shall be temporarily detained under this
56subsection after the arrival of a law enforcement officer except
57upon the authority of such law enforcement officer. Such
58temporary detention by a class "D" licensee shall not extend
59beyond the place where the detention was first affected or the
60immediate vicinity thereof.
61     (d)  No person shall be temporarily detained under
62paragraph (b) longer than is reasonably necessary to effect the
63purposes of that paragraph. Such temporary detention shall not
64extend beyond the place where the detention was first affected
65or the immediate vicinity thereof.
66     (e)  When a class "D" licensee who is authorized to
67temporarily detain any person under paragraph (a) has probable
68cause to believe that a person whom the class "D" licensee has
69temporarily detained, or is about to temporarily detain, is
70armed with a dangerous weapon and therefore poses a threat to
71the safety of the class "D" licensee or any other person, the
72class "D" licensee may search such person. Such a search may
73only be to the extent necessary to disclose, and for the purpose
74of disclosing, the presence of such weapon. If such a search
75discloses the presence of such a weapon or any evidence of a
76criminal offense, the weapon or evidence may be seized and shall
77be provided to a responding law enforcement officer.
78     Section 2.  Subsection (4) of section 493.6115, Florida
79Statutes, is amended to read:
80     493.6115  Weapons and firearms.--
81     (4)  A Class "C" or Class "CC" licensee 21 years of age or
82older who has also been issued a Class "G" license may carry, in
83the performance of her or his duties, a concealed firearm. A
84Class "D" licensee 21 years of age or older who has also been
85issued a Class "G" license may carry a concealed firearm in the
86performance of her or his duties under the conditions specified
87in s. 493.6305(1)(b)(2). The Class "G" license shall clearly
88indicate such authority. The authority of any such licensee to
89carry a concealed firearm shall be valid throughout the state,
90in any location, while performing services within the scope of
91the license.
92     Section 3.  This act shall take effect July 1, 2008.


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