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Florida Security Policy: Conflicting Laws?

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  • #16
    Originally posted by kjtw View Post
    Another question I have is this; who is an off duty LEO ultimately responsible to when working an assignment? Is it the municipality or the client? It is obvious that private security is ultimately responsible to the client, but it isn't as clear with LEOs. I would assume they are ultimately responsible to the municipality.
    If I am working outside employment, I am responsible to whoever is paying me. And quite frankly, I do whatever they want me to do and generally speaking the way they want me to do it.

    All clients employing off-duty police officers should be made aware that of course the officer has certain "sworn duties" which could override the outside employment. However that usually just means that I take whatever action is needed, notify dispatch and let on-duty officers handle it, if it didn't involve the entity which is paying me to be there.

    In my case the only way I would be responsible to District Government in regards to outside employment would be if someone filed a Citizen's Complaint against me while working outside employment. At that point either an Internal Affairs investigation or Office of Police Complaints investigation (depending on who the citizen complained about me to) would be launched. But of course, this same thing could happen at anytime, since I am responsible to my employer for both on-duty and off-duty activities.
    Washington DC

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    • #17
      In Florida, most agencies will pick up the liability, under statute.

      Here's the fun part, that many people don't know. The ONLY thing you can rent a cop for in Florida is law enforcement. They cannot, by policy, do rules enforcement. This is basically the state telling you your blinds are the wrong color.

      Other states don't seem to care about this, but Florida agencies do. The most you can hire a cop for in Florida is to watch your property and enforce state/local laws on it.

      This is why a lot of off-duty cops don't seem to leave their cars or really do anything. They're doing what they're paid to do: Directed patrol, response to violations of Florida Statute.

      That's it. And that's a counter-selling point to the police's selling point of "We're the Police. They're guards." A guard can enforce arbitrary rules without color of authority. A sworn law enforcement officer, working as an agent of the state, can't.
      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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      • #18
        Thank you mjw064 and NA for your responses to my questions.

        Liability is one of the biggest reasons that I don't like seeing LEOs working off duty assignments (under the authority of their badge). The liability either gets put on the client, the individual or on the municipality.

        If the liability gets placed on the client, and something happens, well, it will likely destroy the client (or at least cause a lot of harm to them) and that is contrary to the goals of providing security.

        If the liability gets placed on the individual LEO working and something happens, it can financially ruin that person, even if he/she has insurance (insurance doesn't always cover everything).

        If the liability gets placed on the municipality and something happens, that is tax dollars going right out the door for something that was not really government business.

        Very interesting on the scope of duties that are allowed in FL Corbier. Believe it or not, the specific instances where off duty LEOs were not doing anything took place in MN where they don't have that limitation (at least from what I have been told by a number of the LEOs). I have only seen a few instances of off duty LEOs being used in FL (but that was just me personally).

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        • #19
          I see off duty LEO's working all the time. From convenience stores, recently robbed banks, construction zones, to football games.
          rest areas too. bars/clubs.
          THE VIEWS EXPRESSED ON THIS WEBSITE/BLOG ARE MINE ALONE AND DO NOT NECESSARILY REFLECT THE VIEWS OF MY EMPLOYER.

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          • #20
            Originally posted by mjw064 View Post

            However that usually just means that I take whatever action is needed, notify dispatch and let on-duty officers handle it, if it didn't involve the entity which is paying me to be there..

            Originally posted by mjw064 View Post
            Do you realize that when a property owner employs an off-duty police officer he is SAVING TAXPAYER MONEY? Yeah, thats right because he is handling calls for service that would otherwise have to be dispatched to on-duty officers.
            Seems contradictory. MJW064????????????
            THE VIEWS EXPRESSED ON THIS WEBSITE/BLOG ARE MINE ALONE AND DO NOT NECESSARILY REFLECT THE VIEWS OF MY EMPLOYER.

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            • #21
              Many people talk about post orders and contract. But in Florida I've never had written post orders observed the contract. Even after requesting post orders was told they would try to get some made. No written standard operation procedures.




              Many unethical observations. I've observed unlicensed armed s/o's, S/o's with improper retention holsters like firearms that would fall out if s/o had to run. sagging pants, untucked shirts, dreadlocks, dewrags, tennis shoes white and black tennis shoes. 80 year olds who couldn't hear you from 10 feet away yelling at the top of your lungs, sleeping on duty.


              So being armed is only allowed on armed post, so how do you know without seeing contact or post orders?? once was told to go to a post i asked if it was armed or unarmed I was told it was either one. When I got there the other guy was armed. But then again armed only paid 8/ hour.
              THE VIEWS EXPRESSED ON THIS WEBSITE/BLOG ARE MINE ALONE AND DO NOT NECESSARILY REFLECT THE VIEWS OF MY EMPLOYER.

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