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 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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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. |