Florida Senate - 2009 SB 1406
By Senator Crist
12-00287C-09 20091406__
1 A bill to be entitled
2 An act relating to detention by licensed security
3 officers; amending s. 493.6305, F.S.; authorizing
4 certain licensed security officers to detain certain
5 individuals until the arrival of a law enforcement
6 officer; providing limits on such detention; requiring
7 that such security officers notify the appropriate law
8 enforcement agency as quickly as possible; requiring
9 the transfer of an alleged offender to the custody of
10 the officer; authorizing limited searches of certain
11 persons when a licensed security officer has probable
12 cause to believe that the person is armed with a
13 dangerous weapon; requiring that seized weapons be
14 provided to a responding law enforcement officer;
15 amending s. 493.6118, F.S.; conforming provisions to
16 changes made by the act; amending s. 493.6115, F.S.;
17 conforming a cross-reference; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 493.6305, Florida Statutes, is amended
23 to read:
24 493.6305 Uniforms, required wear; authority; limitations
25 exceptions.—
26 (1) Class “D” and Class “MB” licensees shall perform duties
27 regulated under this chapter in a uniform that which bears at
28 least one patch or emblem visible at all times clearly
29 identifying the employing agency. A licensed security officer
30 who also possesses a valid Class “G” license, or a licensed
31 security agency manager who also possesses a valid Class “G”
32 license, who is on duty, in uniform, and on the premises of the
33 client, who has probable cause to believe that a person has
34 committed or is committing a crime of which the client or
35 patrons thereof are or would be victims, may temporarily detain
36 the person for the purpose of ascertaining his or her identity
37 and the circumstances of the activity that is the basis for the
38 temporary detention. The detaining officer may detain the person
39 in a reasonable manner only and only until the responding law
40 enforcement officer arrives at the premises of the client and is
41 in the presence of the detainee. Upon resignation or termination
42 of employment, a Class “D” licensee shall immediately return to
43 the employer any uniform and any other equipment issued to her
44 or him by the employer.
45 (2) When temporarily detaining any person, the licensed
46 security officer or security agency manager shall notify the
47 appropriate law enforcement agency as soon as reasonably
48 possible. Temporary detention of a person by a licensed security
49 officer or security agency manager must be done solely for the
50 purpose of detaining the person prior to the arrival of a law
51 enforcement officer, and custody of any person being temporarily
52 detained shall be immediately transferred to the responding law
53 enforcement officer for determination of appropriate
54 disposition.
55 (3) A person may not be further detained under this section
56 upon the arrival of a law enforcement officer except under the
57 authority of the responding law enforcement officer. The
58 temporary detention by a licensed security officer or security
59 agency manager may not extend beyond the place where it was
60 first affected or the immediate vicinity thereof.
61 (4) A person may not be temporarily detained under
62 subsection (2) longer than is reasonably necessary to effect the
63 purposes of this section. The temporary detention may not extend
64 beyond the place where it was first affected or the immediate
65 vicinity thereof.
66 (5)(a) If a licensed security officer or security agency
67 manager who is authorized to temporarily detain any person under
68 subsection (1) has probable cause to believe that any person
69 whom the security officer has temporarily detained, or is about
70 to temporarily detain, is armed with a firearm, concealed
71 weapon, or any destructive device that poses a threat to the
72 safety of the security officer or any person for whom the
73 security officer is responsible for providing protection, the
74 security officer or security agency manager may conduct a search
75 of the person and his or her belongings only to the extent
76 necessary to disclose, and for the purpose of disclosing, the
77 presence of a weapon. If the search reveals such a weapon, the
78 weapon may be seized and shall be provided to the responding law
79 enforcement officer.
80 (b) For the purpose of this subsection, the term “probable
81 cause” is limited to the observation of the security officer or
82 security agency manager or the admission of the detainee that
83 the detainee has a weapon in his or her possession.
84 (6)(2) Class “D” licensees may perform duties regulated
85 under this chapter in nonuniform status on a limited special
86 assignment basis, and only when duty circumstances or special
87 requirements of the client necessitate such dress.
88 (7)(3) Class “D” licensees who are also Class “G” licensees
89 and who are performing limited, special assignment duties may
90 carry their authorized firearm concealed in the conduct of such
91 duties.
92 (8) Upon resignation or termination of employment, a Class
93 “D” licensee shall immediately return to the employer any
94 uniform and any other equipment issued to her or him by the
95 employer.
96 Section 2. Paragraph (j) of subsection (1) of section
97 493.6118, Florida Statutes, is amended to read:
98 493.6118 Grounds for disciplinary action.—
99 (1) The following constitute grounds for which disciplinary
100 action specified in subsection (2) may be taken by the
101 department against any licensee, agency, or applicant regulated
102 by this chapter, or any unlicensed person engaged in activities
103 regulated under this chapter.
104 (j) Commission of an act of violence or the use of force on
105 any person except in the lawful protection of one's self or
106 another from physical harm or in the process of a lawful
107 detention of a suspect while awaiting the arrival of a law
108 enforcement officer.
109 Section 3. Subsection (4) of section 493.6115, Florida
110 Statutes, is amended to read:
111 493.6115 Weapons and firearms.—
112 (4) A Class “C” or Class “CC” licensee 21 years of age or
113 older who has also been issued a Class “G” license may carry, in
114 the performance of her or his duties, a concealed firearm. A
115 Class “D” licensee 21 years of age or older who has also been
116 issued a Class “G” license may carry a concealed firearm in the
117 performance of her or his duties under the conditions specified
118 in s. 493.6305(6) s. 493.6305(2). The Class “G” license shall
119 clearly indicate such authority. The authority of any such
120 licensee to carry a concealed firearm shall be valid throughout
121 the state, in any location, while performing services within the
122 scope of the license.
123 Section 4. This act shall take effect July 1, 2009.