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.