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  • licensed security officer detention bill

    Be It Enacted by the Legislature of the State of Florida:

    Section 1. Section 493.6307, Florida Statutes, is created
    to read:

    493.6307 Detention of suspects.--

    (1) A Class "D" or Class "M" licensee performing duties
    regulated under this chapter who has probable cause to believe
    that a felony or misdemeanor has been committed may take the
    alleged offender into custody and detain the alleged offender in
    a reasonable manner
    until the arrival of a law enforcement
    officer. A law enforcement officer shall be called to the scene
    immediately after the alleged offender has been taken into
    custody, and the alleged offender shall be transferred to the
    officer's custody upon the officer's arrival.
    (2) A Class "D" or Class "M" licensee who takes a person
    into custody in compliance with subsection (1) shall not be
    criminally or civilly liable for false arrest or false imprisonment.

    Section 2. This act shall take effect July 1, 2008.
    Last edited by bigdog; 08-27-2007, 10:15 PM.
    "Get yourself a shovel cause your in deep Sh*t"

  • #2
    Is this something you proposed? Or is this already up for consideration in the legislature?
    ATTN. SPECOPS AND GECKO45 my secret username is CIDDECEP and I am your S2. My authorization code is Six Wun Quebec Oscar Fife. Your presence here is tactically dangerous and compromises our overall mission parameter. Cease and desist all activity on this board. Our “enemies” are deft at computer hacking and may trace you back to our primary locale. You have forced me to compromise my situation to protect your vulnerable flank. This issue will be addressed later.

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    • #3
      Originally posted by bigdog View Post
      (2) A Class "D" or Class "M" licensee who takes a person
      into custody in compliance with subsection (1) shall not be
      criminally or civilly liable for false arrest or false imprisonment.

      Section 2. This act shall take effect July 1, 2008.

      I like the limit on liability for false arrest and false imprisonment. We should have some legal protection, anyone can make a mistake. This would also help keep the vultures away, attorneys are always looking to take cases on speculation.
      ATTN. SPECOPS AND GECKO45 my secret username is CIDDECEP and I am your S2. My authorization code is Six Wun Quebec Oscar Fife. Your presence here is tactically dangerous and compromises our overall mission parameter. Cease and desist all activity on this board. Our “enemies” are deft at computer hacking and may trace you back to our primary locale. You have forced me to compromise my situation to protect your vulnerable flank. This issue will be addressed later.

      Comment


      • #4
        Originally posted by Minneapolis Security View Post
        Is this something you proposed? Or is this already up for consideration in the legislature?
        It went up once before but was removed from consideration at the last minute due to lack of LE support. Not that they didn't support it just not enough new about it.

        From what I've been told this session it has the full support of Florida Sheriff's Association and Fraternal Order of Police.

        I forsee it passing, which raises the ultimate question. How do I detain someone? Keep in mind, the only time you can use force in FL is in the defense of life or GBH.
        SecurityProfessional is Back up and running!

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        • #5
          Originally posted by gcmc security part 2 View Post
          It went up once before but was removed from consideration at the last minute due to lack of LE support. Not that they didn't support it just not enough new about it.

          From what I've been told this session it has the full support of Florida Sheriff's Association and Fraternal Order of Police.

          I forsee it passing, which raises the ultimate question. How do I detain someone? Keep in mind, the only time you can use force in FL is in the defense of life or GBH.
          Reasonable manner includes the right to use force.
          "Get yourself a shovel cause your in deep Sh*t"

          Comment


          • #6
            Originally posted by Minneapolis Security View Post
            Is this something you proposed? Or is this already up for consideration in the legislature?
            Its in the legislature. It was ubmitted by a florida house rep on august 23.
            "Get yourself a shovel cause your in deep Sh*t"

            Comment


            • #7
              Originally posted by gcmc security part 2 View Post
              It went up once before but was removed from consideration at the last minute due to lack of LE support. Not that they didn't support it just not enough new about it.

              From what I've been told this session it has the full support of Florida Sheriff's Association and Fraternal Order of Police.

              I forsee it passing, which raises the ultimate question. How do I detain someone? Keep in mind, the only time you can use force in FL is in the defense of life or GBH.
              You can use force to protect against any physical harm.
              "Get yourself a shovel cause your in deep Sh*t"

              Comment


              • #8
                Originally posted by bigdog View Post
                Be It Enacted by the Legislature of the State of Florida:

                Section 1. Section 493.6307, Florida Statutes, is created
                to read:

                493.6307 Detention of suspects.--

                (1) A Class "D" or Class "M" licensee performing duties
                regulated under this chapter who has probable cause to believe
                that a felony or misdemeanor has been committed may take the
                alleged offender into custody and detain the alleged offender in
                a reasonable manner
                until the arrival of a law enforcement
                officer. A law enforcement officer shall be called to the scene
                immediately after the alleged offender has been taken into
                custody, and the alleged offender shall be transferred to the
                officer's custody upon the officer's arrival.
                (2) A Class "D" or Class "M" licensee who takes a person
                into custody in compliance with subsection (1) shall not be
                criminally or civilly liable for false arrest or false imprisonment.

                Section 2. This act shall take effect July 1, 2008.
                Good job. I am hopefull your efforts come to fruition. This is a long needed tool for those working in loss prevention and apartment/resort security jobs, as well as others.
                Hopefully some specific legal and physical training will be required/provided by the state for class D & M in "taking into custody".
                I'm curious how the detaining until LE arrives aspect will be written. Some people need physical restraint in order to prevent injury or escape.
                Last edited by mh892; 08-29-2007, 07:18 AM.

                Comment


                • #9
                  Originally posted by mh892 View Post
                  Good job. I am hopefull your efforts come to fruition. This is a long needed tool for those working in loss prevention and apartment/resort security jobs, as well as others.
                  Hopefully some specific legal and physical training will be required/provided by the state for class D & M in "taking into custody".
                  I'm curious how the detaining until LE arrives aspect will be written. Some people need physical restraint in order to prevent injury or escape.
                  Thank nathan this is part of a bill he wrote in early 2006 and i submitted to fasco that was initially rejected then gutted till we have what we see here.

                  As stated before the FOP and the Florida sheriffs assocaiation approved the language. SO they an we are hoping that the language stays the same.
                  Also keep in mind reasonable manner includes use of force and restraints. (IE cuffs)

                  the training will probably be like the Seaport detention bill no training in taking in custody but training in criminal law.
                  "Get yourself a shovel cause your in deep Sh*t"

                  Comment


                  • #10
                    My original bill was well thought out, and huge. So, of course, it was gutted by a lawyer to neuter it so that the cops wouldn't flip out about how "those security guards are asking for detention powers." The bill was attached to the uniform bill, so that nobody would really care. That was its downfall, nobody really cared enough to tell the senate why THEY should care.

                    This is a step up from the last submitted bill, at least.
                    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

                    Comment


                    • #11
                      Originally posted by N. A. Corbier View Post
                      My original bill was well thought out, and huge. So, of course, it was gutted by a lawyer to neuter it so that the cops wouldn't flip out about how "those security guards are asking for detention powers." The bill was attached to the uniform bill, so that nobody would really care. That was its downfall, nobody really cared enough to tell the senate why THEY should care.

                      This is a step up from the last submitted bill, at least.

                      Nathan, did Will Holcomb help out on this too? Or was this your brainchild alone?
                      " We are determined that before the sun sets on this terrible struggle, our flag will be recognized throughout the world as a symbol of freedom on one hand and of overwhelming force on the other" - General George C. Marshall

                      Comment


                      • #12
                        Originally posted by Hank1 View Post
                        Nathan, did Will Holcomb help out on this too? Or was this your brainchild alone?
                        Mr. Holcomb dropped off the face of the Earth a month before this was put together.
                        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

                        Comment


                        • #13
                          Originally posted by N. A. Corbier View Post
                          Mr. Holcomb dropped off the face of the Earth a month before this was put together.

                          I have not hear from him for 2 years or so.
                          " We are determined that before the sun sets on this terrible struggle, our flag will be recognized throughout the world as a symbol of freedom on one hand and of overwhelming force on the other" - General George C. Marshall

                          Comment


                          • #14
                            Last I heard, Mr. Holcomb was working for/with FASCO. At least, that is what the FASCO PR page said, that Holcomb did Change 493 on their behalf.

                            Which doesn't jive with what Mr. Holcomb originally said, which was it was his own initiative, not affiliated with CIS or FASCO.

                            FASCO is looking towards others now, it is my understanding, to take he place of Mr. Holcomb.

                            The last thing Mr. Holcomb touched on was the light bill, and my little missive about how if you touch someone to remove them from private property as a D officer, you are a criminal under FSS 493.6118(j) and can be arrested for it.

                            The cashier, on the other hand, can kick them out on their ass without repercussions.
                            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

                            Comment


                            • #15
                              Originally posted by N. A. Corbier View Post

                              The last thing Mr. Holcomb touched on was the light bill, and my little missive about how if you touch someone to remove them from private property as a D officer, you are a criminal under FSS 493.6118(j) and can be arrested for it.

                              The cashier, on the other hand, can kick them out on their ass without repercussions.
                              You are absolutely correct! It's amazing isn't it?
                              " We are determined that before the sun sets on this terrible struggle, our flag will be recognized throughout the world as a symbol of freedom on one hand and of overwhelming force on the other" - General George C. Marshall

                              Comment

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