1. #1

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    Default Do you have tobe certified to carry pepper spray?

    Do you have to be certified to carry pepper spray for self-defense in Florida? I know ordinary citizens don't have to be, but Security Personnel are held to a lower standard than Private Citizens, at least in FL (as backwards as that sounds) My question is, to those who have experience, do you have to be certified to carry it when working security?


    Most of the sites I've worked have said nothing about pepper spray or even self defense in the post orders (hell, some of the posts didn't even HAVE written post orders)...I would rather have it and not need it than need it and not have it.

    ONE MORE question, are there any places in Florida where OC spray is banned? (School, etc.)

  2. #2
    flashlightcop509's Avatar
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    Yep, at least according to my company; you must be sprayed and exhibit how you would deploy OC in order to be certified by OCAT to carry it...
    “Two wrongs don't make a right, but three rights make a left”
    "I swear to God, I'm going to pistol whip the next guy that says 'Shenanigans' "... Capt. O'Hagan, "Super Troopers"

  3. #3

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    Quote Originally Posted by KDoD View Post
    Do you have to be certified to carry pepper spray for self-defense in Florida? I know ordinary citizens don't have to be, but Security Personnel are held to a lower standard than Private Citizens, at least in FL (as backwards as that sounds) My question is, to those who have experience, do you have to be certified to carry it when working security?


    Most of the sites I've worked have said nothing about pepper spray or even self defense in the post orders (hell, some of the posts didn't even HAVE written post orders)...I would rather have it and not need it than need it and not have it.

    ONE MORE question, are there any places in Florida where OC spray is banned? (School, etc.)
    1. No, you are a private citizen, Florida Department of Agriculture and Consumer Services, Division of Licensing is only authorized by Florida Statutes to regulate firearms for private security licensees, and only licensees. No certification or training is required to purchase, possess, or use pepper spray.

    2. I do not know of a place where pepper spray is banned in Florida Statutes, however, no provision of Florida Statutes authorizes a Class G licensee to possess anything but a firearm, conceal anything but a firearm, or otherwise addresses anything but a firearm. You may possess pepper spray, a baton, a taser, handcuffs, and a metal flashlight only because FSS 790 does not prohibit your possessing same.

    It is illegal under FSS 790 to conceal a baton, and FSS 493 does not authorize you to conceal one. To put it in perspective, by the laws of the State of Florida, concealing your baton under a rain coat so it doesn't get wet is a violation of FSS 790 and a misdemeanor.

    This means that if a school bans weapons on campus, you as a security guard may only possess a firearm if you are:

    a) Working as a security guard actively guarding things or personnel while on the property of the school.

    b) Have a valid Class D and Class G license.

    For perspective, under Florida Statutes, it is instantly armed trespass on school property to bring a weapon to a school. However, FSS 493 authorizes a security guard with a Class G firearms license to possess a weapon anywhere in the state that his duties take him. This includes both Class C/CC private investigators (who may carry concealed on campus in performance of investigative or protective duties) or Class D or M security personnel while protecting persons or property on school grounds.

    I have seen law enforcement officers acting as School Resource Officers complain about Class C PIs being on campus as part of an investigation having a gun on, and their inability to arrest them for the felony possession. The reason they can't is because 493 says you can walk into a police station with a gun on if its in performance of contractual duties.
    Some Kind of Commando Leader

    "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

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    Quote Originally Posted by flashlightcop509 View Post
    Yep, at least according to my company; you must be sprayed and exhibit how you would deploy OC in order to be certified by OCAT to carry it...
    Certification in a manufacturer's program is completely voluntary in Florida, there is no requirement under law or administrative code. Some employers want the user to be certified for court defensibly, others do not care, and some do not want defensive weapons carried at all.

    The idea behind certification is so that you can articulate, based on your training and experience, that the level of force you used is reasonable. For most citizens, their interaction with offensive forced used against them will place them in fear for their life (being mugged, being jumped by drunk guys, etc), so any level of force is reasonable to terminate the attack and flee the area.

    Florida generally places pepper spray at level 2, and it is acceptable to use offensively to terminate criminal or tortuous interference to property or person (defense of property, defense of self or other) at the same level as hands on. It is the equivalent to someone refusing to leave and you have to physically throw them off. The spray is an aid to overcome their resistance, so you can throw them off.

    Another example I have personally used is "if you come past X, I will spray you." The spray terminates their trespassing, which is criminal interference with property rights.
    Some Kind of Commando Leader

    "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

  5. #5

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    Thanks for clearing that up. So as long as my employer is okay with it, pepper spray is good to go. In regards to your example, I thought using force in defense of property was banned in 493?

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    Quote Originally Posted by KDoD View Post
    Thanks for clearing that up. So as long as my employer is okay with it, pepper spray is good to go. In regards to your example, I thought using force in defense of property was banned in 493?
    It is. 493.6118(j) prohibits using force except in defense of person. However, DOACS doesn't like to acknowledge that statute exists, because that invalidates the purpose of a lot of security companies.

    I am actually surprised no organization has made a concerted effort to have that statute removed. Or another reporting many, many, violations by D license holders on a daily basis to the state, which is required to investigate breaches of .6118.
    Some Kind of Commando Leader

    "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

  7. #7
    War113's Avatar
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    Here on my site I wear dog repelent...There is a law against spraying people with it BUT...its not considered a weapon but a tool to incapacitate...

    I got sprayed while I was a CO...4 times...2 with gaz..

    And the dog repelent isnt as strong...but it sure does the job

    And you never know when a two legged dog can attack you here...I prefer to use this than my MEB
    Ain't war hell?

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