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A bill to be entitled

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An act relating to detention by licensed security

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officers; amending s. 493.6305, F.S.; permitting certain

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licensed security officers to detain certain individuals

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until the arrival of law enforcement officers; providing

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limits on such detention; requiring the transfer of

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alleged offenders to officers' custody; authorizing

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limited searches of persons detained or about to be

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detained when the licensed security officer has probable

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cause to believe that a person is armed with a dangerous

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weapon; requiring that seized weapons and evidence be

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provided to a responding law enforcement officer; amending

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s. 493.6115, F.S.; conforming a cross-reference; providing

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 493.6305, Florida Statutes, is amended

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to read:

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     493.6305 Uniforms, required wear; exceptions; limited

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detention and search of suspects.--

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     (1)(a) Class "D" licensees shall perform duties regulated

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under this chapter in a uniform that which bears at least one

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patch or emblem visible at all times clearly identifying the

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employing agency. Upon resignation or termination of employment,

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a Class "D" licensee shall immediately return to the employer any

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uniform and any other equipment issued to her or him by the

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employer.

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     (b)(2) Class "D" licensees may perform duties regulated

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under this chapter in nonuniform status on a limited special

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assignment basis, and only when duty circumstances or special

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requirements of the client necessitate such dress.

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     (c)(3) Class "D" licensees who are also Class "G" licensees

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and who are performing limited, special assignment duties may

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carry their authorized firearm concealed in the conduct of such

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duties.

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     (2)(a) A class "D" licensee who is on duty, in uniform, and

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on the premises of the client and who encounters any person under

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circumstances that reasonably indicate that such person has

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committed, is committing, or is about to commit a violation of

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the criminal laws of this state or the criminal ordinances of any

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municipality or county may temporarily detain such person for the

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purpose of ascertaining the identity of the person temporarily

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detained and the circumstances surrounding the person's

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activities that led the class "D" licensee to believe that the

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person had committed, was committing, or was about to commit a

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criminal offense. Upon temporarily detaining any person, the

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class "D" licensee shall notify the appropriate law enforcement

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agency as soon as reasonably possible.

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     (b) Temporary detention by a class "D" licensee shall be

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solely for the purpose of holding for law enforcement, and any

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person being temporarily detained shall be immediately given over

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to a responding law enforcement officer for determination of

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appropriate disposition.

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     (c) No person shall be temporarily detained under this

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subsection after the arrival of a law enforcement officer except

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upon the authority of such law enforcement officer. Such

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temporary detention by a class "D" licensee shall not extend

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beyond the place where the detention was first affected or the

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immediate vicinity thereof.

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     (d) No person shall be temporarily detained under paragraph

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(b) longer than is reasonably necessary to effect the purposes of

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that paragraph. Such temporary detention shall not extend beyond

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the place where the detention was first affected or the immediate

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vicinity thereof.

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     (e) When a class "D" licensee who is authorized to

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temporarily detain any person under paragraph (a) has probable

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cause to believe that a person whom the class "D" licensee has

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temporarily detained, or is about to temporarily detain, is armed

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with a dangerous weapon and therefore poses a threat to the

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safety of the class "D" licensee or any other person, the class

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"D" licensee may search such person. Such a search may only be to

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the extent necessary to disclose, and for the purpose of

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disclosing, the presence of such weapon. If such a search

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discloses the presence of such a weapon or any evidence of a

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criminal offense, the weapon or evidence may be seized and shall

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be provided to a responding law enforcement officer.

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     Section 2.  Subsection (4) of section 493.6115, Florida

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Statutes, is amended to read:

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     493.6115  Weapons and firearms.--

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     (4)  A Class "C" or Class "CC" licensee 21 years of age or

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older who has also been issued a Class "G" license may carry, in

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the performance of her or his duties, a concealed firearm. A

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Class "D" licensee 21 years of age or older who has also been

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issued a Class "G" license may carry a concealed firearm in the

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performance of her or his duties under the conditions specified

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in s. 493.6305(1)(b)(2). The Class "G" license shall clearly

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indicate such authority. The authority of any such licensee to

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carry a concealed firearm shall be valid throughout the state, in

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any location, while performing services within the scope of the

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license.

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     Section 3.  This act shall take effect July 1, 2008.