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