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


Bill Title: Detention by Licensed Security Officers

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

Download: Florida-2010-H1359-Introduced.html
HB 1359
1
A bill to be entitled
2An act relating to detention by licensed security
3officers; amending s. 493.6305, F.S.; authorizing certain
4licensed security officers to detain certain individuals
5until the arrival of a law enforcement officer; providing
6limits on such detention; requiring that such security
7officers notify the appropriate law enforcement agency as
8quickly as possible; requiring the transfer of an alleged
9offender to the custody of the officer; authorizing
10limited searches of certain persons when a licensed
11security officer has probable cause to believe that the
12person is armed with a dangerous weapon; requiring that
13seized weapons be provided to a responding law enforcement
14officer; defining the term "probable cause" for the
15purpose of temporarily detaining a person suspected of
16having committed a crime; amending s. 493.6118, F.S.;
17conforming provisions to changes made by the act; amending
18s. 493.6115, F.S.; conforming a cross-reference; providing
19an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 493.6305, Florida Statutes, is amended
24to read:
25 493.6305 Uniforms, required wear; authority limitations
26exceptions.-
27 (1) Class "D" and Class "MB" licensees shall perform
28duties regulated under this chapter in a uniform that which
29bears at least one patch or emblem visible at all times
30identifying the employing agency. A licensed security
31who also possesses a valid Class "G" license, or a licensed
32security agency manager who also possesses a valid Class "G"
33license, who is on duty, in uniform, and on the premises of a
34client, and who has probable cause to believe that a person has
35committed or is committing a crime against the client or patrons
36thereof, may temporarily detain the person for the purpose of
37ascertaining his or her identity and the circumstances of the
38activity that is the basis for the temporary detention. The
39detaining officer may detain the person in a reasonable manner
40until the responding law enforcement officer arrives at the
41premises of the client and is in the presence of the detainee.
42Upon resignation or termination of employment, a Class "D"
43licensee shall immediately return to the employer any uniform
44and any other equipment issued to her or him by the employer.
45 (2) When temporarily detaining any person, the licensed
46security officer or security agency manager shall notify the
47appropriate law enforcement agency as soon as reasonably
48possible. Temporary detention of a person by a licensed security
49officer or security agency manager must be done solely for the
50purpose of detaining the person before the arrival of a law
51enforcement officer, and custody of any person being temporarily
52detained shall be immediately transferred to the responding law
53enforcement officer for determination of appropriate
54disposition.
55 (3) A person may not be further detained under this
56section upon the arrival of a law enforcement officer except
57under the authority of the responding law enforcement officer.
58The temporary detention by a licensed security officer or
59security agency manager may not extend beyond the place where it
60was first affected or the immediate vicinity thereof.
61 (4) A person may not be temporarily detained under
62subsection (2) longer than is reasonably necessary to effect the
63purposes of this section.
64 (5)(a) If a licensed security officer or security agency
65manager who is authorized to temporarily detain a person under
66subsection (1) has probable cause to believe that the person
67whom the security officer has temporarily detained, or is about
68to temporarily detain, is armed with a firearm, concealed
69weapon, or any destructive device that poses a threat to the
70safety of the security officer or any person for whom the
71security officer is responsible for providing protection, the
72security officer or security agency manager may conduct a search
73of the person and his or her belongings only to the extent
74necessary for the purpose of disclosing the presence of a
75weapon. If the search reveals such a weapon, the weapon may be
76seized and shall be provided to the responding law enforcement
77officer.
78 (b) For the purpose of this subsection, the term "probable
79cause" is limited to the observation of the security officer or
80security agency manager or the admission of the detainee that
81the detainee has a weapon in his or her possession.
82 (6)(2) Class "D" licensees may perform duties regulated
83under this chapter in nonuniform status on a limited special
84assignment basis, and only when duty circumstances or special
85requirements of the client necessitate such dress.
86 (7)(3) Class "D" licensees who are also Class "G"
87licensees and who are performing limited, special assignment
88duties may carry their authorized firearm concealed in the
89conduct of such duties.
90 (8) Upon resignation or termination of employment, a Class
91"D" licensee shall immediately return to the employer any
92uniform and any other equipment issued to him or her by the
93employer.
94 Section 2. Paragraph (j) of subsection (1) of section
95493.6118, Florida Statutes, is amended to read:
96 493.6118 Grounds for disciplinary action.-
97 (1) The following constitute grounds for which
98disciplinary action specified in subsection (2) may be taken by
99the department against any licensee, agency, or applicant
100regulated by this chapter, or any unlicensed person engaged in
101activities regulated under this chapter.
102 (j) Commission of an act of violence or the use of force
103on any person except in the lawful protection of one's self or
104another from physical harm or in the process of a lawful
105detention of a suspect while awaiting the arrival of a law
106enforcement officer.
107 Section 3. Subsection (4) of section 493.6115, Florida
108Statutes, is amended to read:
109 493.6115 Weapons and firearms.-
110 (4) A Class "C" or Class "CC" licensee 21 years of age or
111older who has also been issued a Class "G" license may carry, in
112the performance of her or his duties, a concealed firearm. A
113Class "D" licensee 21 years of age or older who has also been
114issued a Class "G" license may carry a concealed firearm in the
115performance of her or his duties under the conditions specified
116in s. 493.6305(6) s. 493.6305(2). The Class "G" license shall
117clearly indicate such authority. The authority of any such
118licensee to carry a concealed firearm shall be valid throughout
119the state, in any location, while performing services within the
120scope of the license.
121 Section 4. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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