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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.; authorizing certain

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licensed security officers to detain certain individuals

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until the arrival of a law enforcement officer; providing

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limits on such detention; requiring that such security

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officers notify the appropriate law enforcement agency as

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quickly as possible; requiring the transfer of an alleged

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offender to the custody of the officer; authorizing

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limited searches of certain persons when a licensed

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security officer has probable cause to believe that the

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person is armed with a dangerous weapon; requiring that

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seized weapons be provided to a responding law enforcement

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officer; amending s. 493.6118, F.S.; conforming provisions

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to changes made by the act; providing 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; authority; limitations

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exceptions.--

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     (1) Class "D" and Class "MB" licensees shall perform duties

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regulated under this chapter in a uniform which bears at least

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one patch or emblem visible at all times clearly identifying the

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employing agency. A licensed security officer who also possesses

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a valid Class "G" license, or a licensed security agency manager

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who also possess a valid Class "G" license, who is on duty, in

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uniform, and on the premises of the client, who encounters any

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person under circumstances that reasonably indicate that the

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person has committed, is committing, or is about to commit a

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crime of which the client or patrons thereof would be victims,

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may temporarily detain the person for the purpose of ascertaining

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his or her identity. Upon resignation or termination of

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employment, a Class "D" licensee shall immediately return to the

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employer any uniform and any other equipment issued to her or him

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by the employer.

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     (2) When temporarily detaining any person, the licensed

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security officer or security agency manager shall notify the

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appropriate law enforcement agency as soon as reasonably

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possible. Temporary detention of a person by a licensed security

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officer or security agency manager must be done solely for the

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purpose of detaining the person prior to the arrival of a law

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enforcement officer and custody of any person being temporarily

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detained shall be immediately transferred to the responding law

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enforcement officer for determination of appropriate disposition.

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     (3) A person may not be further detained under this section

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upon the arrival of a law enforcement officer without the

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authority of the responding law enforcement officer. The

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temporary detention by a licensed security officer or security

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agency manager may not extend beyond the place where it was first

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affected or the immediate vicinity thereof.

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     (4) A person may not be temporarily detained under

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subsection (2) longer than is reasonably necessary to effect the

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purposes of that section. The temporary detention may not extend

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beyond the place where it was first affected or the immediate

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vicinity thereof.

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     (5) If a licensed security officer or security agency

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manager who is authorized to temporarily detain any person under

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subsection (1) has probable cause to believe that any person whom

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the security officer has temporarily detained, or is about to

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temporarily detain, is armed with a firearm, concealed weapon, or

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any destructive device that poses a threat to the safety of the

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security officer or any person for whom the security officer is

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responsible for providing protection, the security officer or

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security agency manager may conduct a search of the person and

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his or her belongings only to the extent necessary to disclose,

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and for the purpose of disclosing, the presence of a weapon. If

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the search reveals such a weapon, the weapon may be seized and

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shall be provided to the responding law enforcement officer.

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     (6)(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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     (7)(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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     (8) Upon resignation or termination of employment, a Class

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"D" licensee shall immediately return to the employer any uniform

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and any other equipment issued to her or him by the employer.

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     Section 2.  Paragraph (j) of subsection (1) of section

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493.6118, Florida Statutes, is amended to read:

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     493.6118  Grounds for disciplinary action.--

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     (1)  The following constitute grounds for which disciplinary

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action specified in subsection (2) may be taken by the department

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against any licensee, agency, or applicant regulated by this

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chapter, or any unlicensed person engaged in activities regulated

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under this chapter.

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     (j)  Commission of an act of violence or the use of force on

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any person except in the lawful protection of one's self or

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another from physical harm or in the process of a lawful

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detention of a suspect while awaiting the arrival of a law

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enforcement officer.

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