Bill Text: FL H1359 | 2010 | Regular Session | Introduced

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Bill Title: Detention by Licensed Security Officers

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Public Safety & Domestic Security Policy (CCJP) [H1359 Detail]

Download: Florida-2010-H1359-Introduced.html

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HB 1359

1	A bill to be entitled
2	An act relating to detention by licensed security
3	officers; amending s. 493.6305, F.S.; authorizing certain
4	licensed security officers to detain certain individuals
5	until the arrival of a law enforcement officer; providing
6	limits on such detention; requiring that such security
7	officers notify the appropriate law enforcement agency as
8	quickly as possible; requiring the transfer of an alleged
9	offender to the custody of the officer; authorizing
10	limited searches of certain persons when a licensed
11	security officer has probable cause to believe that the
12	person is armed with a dangerous weapon; requiring that
13	seized weapons be provided to a responding law enforcement
14	officer; defining the term "probable cause" for the
15	purpose of temporarily detaining a person suspected of
16	having committed a crime; amending s. 493.6118, F.S.;
17	conforming provisions to changes made by the act; amending
18	s. 493.6115, F.S.; conforming a cross-reference; providing
19	an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Section 493.6305, Florida Statutes, is amended
24	to read:
25	493.6305 Uniforms, required wear; authority limitations
26	exceptions.-
27	(1) Class "D" and Class "MB" licensees shall perform
28	duties regulated under this chapter in a uniform that which
29	bears at least one patch or emblem visible at all times
30	identifying the employing agency. A licensed security
31	who also possesses a valid Class "G" license, or a licensed
32	security agency manager who also possesses a valid Class "G"
33	license, who is on duty, in uniform, and on the premises of a
34	client, and who has probable cause to believe that a person has
35	committed or is committing a crime against the client or patrons
36	thereof, may temporarily detain the person for the purpose of
37	ascertaining his or her identity and the circumstances of the
38	activity that is the basis for the temporary detention. The
39	detaining officer may detain the person in a reasonable manner
40	until the responding law enforcement officer arrives at the
41	premises of the client and is in the presence of the detainee.
42	Upon resignation or termination of employment, a Class "D"
43	licensee shall immediately return to the employer any uniform
44	and any other equipment issued to her 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 before 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
56	section upon the arrival of a law enforcement officer except
57	under the authority of the responding law enforcement officer.
58	The temporary detention by a licensed security officer or
59	security agency manager may not extend beyond the place where it
60	was 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.
64	(5)(a) If a licensed security officer or security agency
65	manager who is authorized to temporarily detain a person under
66	subsection (1) has probable cause to believe that the person
67	whom the security officer has temporarily detained, or is about
68	to temporarily detain, is armed with a firearm, concealed
69	weapon, or any destructive device that poses a threat to the
70	safety of the security officer or any person for whom the
71	security officer is responsible for providing protection, the
72	security officer or security agency manager may conduct a search
73	of the person and his or her belongings only to the extent
74	necessary for the purpose of disclosing the presence of a
75	weapon. If the search reveals such a weapon, the weapon may be
76	seized and shall be provided to the responding law enforcement
77	officer.
78	(b) For the purpose of this subsection, the term "probable
79	cause" is limited to the observation of the security officer or
80	security agency manager or the admission of the detainee that
81	the detainee has a weapon in his or her possession.
82	(6)(2) Class "D" licensees may perform duties regulated
83	under this chapter in nonuniform status on a limited special
84	assignment basis, and only when duty circumstances or special
85	requirements of the client necessitate such dress.
86	(7)(3) Class "D" licensees who are also Class "G"
87	licensees and who are performing limited, special assignment
88	duties may carry their authorized firearm concealed in the
89	conduct of such duties.
90	(8) Upon resignation or termination of employment, a Class
91	"D" licensee shall immediately return to the employer any
92	uniform and any other equipment issued to him or her by the
93	employer.
94	Section 2. Paragraph (j) of subsection (1) of section
95	493.6118, Florida Statutes, is amended to read:
96	493.6118 Grounds for disciplinary action.-
97	(1) The following constitute grounds for which
98	disciplinary action specified in subsection (2) may be taken by
99	the department against any licensee, agency, or applicant
100	regulated by this chapter, or any unlicensed person engaged in
101	activities regulated under this chapter.
102	(j) Commission of an act of violence or the use of force
103	on any person except in the lawful protection of one's self or
104	another from physical harm or in the process of a lawful
105	detention of a suspect while awaiting the arrival of a law
106	enforcement officer.
107	Section 3. Subsection (4) of section 493.6115, Florida
108	Statutes, is amended to read:
109	493.6115 Weapons and firearms.-
110	(4) A Class "C" or Class "CC" licensee 21 years of age or
111	older who has also been issued a Class "G" license may carry, in
112	the performance of her or his duties, a concealed firearm. A
113	Class "D" licensee 21 years of age or older who has also been
114	issued a Class "G" license may carry a concealed firearm in the
115	performance of her or his duties under the conditions specified
116	in s. 493.6305(6) s. 493.6305(2). The Class "G" license shall
117	clearly indicate such authority. The authority of any such
118	licensee to carry a concealed firearm shall be valid throughout
119	the state, in any location, while performing services within the
120	scope of the license.
121	Section 4. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.