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  1. #11
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    Quote Originally Posted by Unregistered View Post
    Where did you get that load of shit information. Any private person can make a citizens arrest for a breach of peace and a felony. You might also like to check out 509.143 as agents of public lodging we can detain at apartment complexes and hotels.

    509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.—
    (1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection.
    (2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others.
    (3) An operator or a law enforcement officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection (1) or subsection (2).
    (4) A person who resists the reasonable efforts of an operator or a law enforcement officer to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking to make such detention or arrest was the operator of the establishment or a law enforcement officer.
    History.—s. 1, ch. 86-174; ss. 14, 52, ch. 90-339; s. 4, ch. 91-429.



    Here is the statute you cite. There is nothing in here about citizen arrests. Very specific exception for the operator of a licensed establishment.
    That does not include a security guard, or a citizen.
    There are other statutes that prohibit security guards from "detaining" any one. But there is specific exceptions, read chapter 493.

  2. #12
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    Hate to break this to you, but you really do need to read the definition section of FSS 509.013 which governs FSS 509.143, which FSS 509.143 falls under.

    If you take the time to read this section you will see that a security guard that is hired by the "operator of the public establishment" and has permission to take actions by the operator, does in fact have the power to take into custody and hold someone for law enforcement. Please see FSS 509.013 (2).


    Now to see if your "operator" is subject to this law you must read further into FSS509.013 and make sure that you do not fall into one of the exemptions that are not covered under Chapter 509

  3. #13
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    Quote Originally Posted by Unregistered View Post
    Where did you get that load of shit information. Any private person can make a citizens arrest for a breach of peace and a felony. You might also like to check out 509.143 as agents of public lodging we can detain at apartment complexes and hotels.
    STFU CIS, if you arrested someone for breach of peace I would lock you up for false imprisonment. Your job as a security guard is to call real police.

  4. #14
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    Quote Originally Posted by Average Joe View Post
    Hate to break this to you, but you really do need to read the definition section of FSS 509.013 which governs FSS 509.143, which FSS 509.143 falls under.

    If you take the time to read this section you will see that a security guard that is hired by the "operator of the public establishment" and has permission to take actions by the operator, does in fact have the power to take into custody and hold someone for law enforcement. Please see FSS 509.013 (2).


    Now to see if your "operator" is subject to this law you must read further into FSS509.013 and make sure that you do not fall into one of the exemptions that are not covered under Chapter 509
    Here is the statute you refer to still does not mention security guard

    509.013 Definitions.—As used in this chapter, the term:
    (1) “Division” means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
    (2) “Operator” means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment.
    (3) “Guest” means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment.
    (4)(a) “Public lodging establishment” includes a transient public lodging establishment as defined in subparagraph 1. and a nontransient public lodging establishment as defined in subparagraph 2.
    1. “Transient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.
    2. “Nontransient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month.
    License classifications of public lodging establishments, and the definitions therefor, are set out in s. 509.242. For the purpose of licensure, the term does not include condominium common elements as defined in s. 718.103.
    (b) The following are excluded from the definitions in paragraph (a):
    1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors.
    2. Any facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Families or other similar place regulated under s. 381.0072.
    3. Any place renting four rental units or less, unless the rental units are advertised or held out to the public to be places that are regularly rented to transients.
    4. Any unit or group of units in a condominium, cooperative, or timeshare plan and any individually or collectively owned one-family, two-family, three-family, or four-family dwelling house or dwelling unit that is rented for periods of at least 30 days or 1 calendar month, whichever is less, and that is not advertised or held out to the public as a place regularly rented for periods of less than 1 calendar month, provided that no more than four rental units within a single complex of buildings are available for rent.
    5. Any migrant labor camp or residential migrant housing permitted by the Department of Health under ss. 381.008-381.00895.
    6. Any establishment inspected by the Department of Health and regulated by chapter 513.
    7. Any nonprofit organization that operates a facility providing housing only to patients, patients’ families, and patients’ caregivers and not to the general public.
    8. Any apartment building inspected by the United States Department of Housing and Urban Development or other entity acting on the department’s behalf that is designated primarily as housing for persons at least 62 years of age. The division may require the operator of the apartment building to attest in writing that such building meets the criteria provided in this subparagraph. The division may adopt rules to implement this requirement.
    9. Any roominghouse, boardinghouse, or other living or sleeping facility that may not be classified as a hotel, motel, timeshare project, vacation rental, nontransient apartment, bed and breakfast inn, or transient apartment under s. 509.242.
    (5)(a) “Public food service establishment” means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.
    (b) The following are excluded from the definition in paragraph (a):
    1. Any place maintained and operated by a public or private school, college, or university:
    a. For the use of students and faculty; or
    b. Temporarily to serve such events as fairs, carnivals, and athletic contests.
    2. Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofit civic organization:
    a. For the use of members and associates; or
    b. Temporarily to serve such events as fairs, carnivals, or athletic contests.
    3. Any eating place located on an airplane, train, bus, or watercraft which is a common carrier.
    4. Any eating place maintained by a facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Families or other similar place that is regulated under s. 381.0072.
    5. Any place of business issued a permit or inspected by the Department of Agriculture and Consumer Services under s. 500.12.
    6. Any place of business where the food available for consumption is limited to ice, beverages with or without garnishment, popcorn, or prepackaged items sold without additions or preparation.
    7. Any theater, if the primary use is as a theater and if patron service is limited to food items customarily served to the admittees of theaters.
    8. Any vending machine that dispenses any food or beverages other than potentially hazardous foods, as defined by division rule.
    9. Any vending machine that dispenses potentially hazardous food and which is located in a facility regulated under s. 381.0072.
    10. Any research and development test kitchen limited to the use of employees and which is not open to the general public.
    (6) “Director” means the Director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
    (7) “Single complex of buildings” means all buildings or structures that are owned, managed, controlled, or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway.
    (8) “Temporary food service event” means any event of 30 days or less in duration where food is prepared, served, or sold to the general public.
    (9) “Theme park or entertainment complex” means a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually.
    (10) “Third-party provider” means, for purposes of s. 509.049, any provider of an approved food safety training program that provides training or such a training program to a public food service establishment that is not under common ownership or control with the provider.
    (11) “Transient establishment” means any public lodging establishment that is rented or leased to guests by an operator whose intention is that such guests’ occupancy will be temporary.
    (12) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient.
    (13) “Transient” means a guest in transient occupancy.
    (14) “Nontransient establishment” means any public lodging establishment that is rented or leased to guests by an operator whose intention is that the dwelling unit occupied will be the sole residence of the guest.
    (15) “Nontransient occupancy” means occupancy when it is the intention of the parties that the occupancy will not be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is the sole residence of the guest, the occupancy is nontransient.
    (16) “Nontransient” means a guest in nontransient occupancy.
    History.—s. 1, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; s. 2, ch. 83-241; s. 3, ch. 87-117; s. 31, ch. 88-90; s. 2, ch. 88-275; ss. 2, 51, 52, ch. 90-339; s. 1, ch. 91-40; s. 4, ch. 91-429; s. 21, ch. 92-180; s. 1, ch. 93-53; s. 14, ch. 93-133; s. 36, ch. 94-180; s. 202, ch. 94-218; s. 42, ch. 95-210; s. 3, ch. 95-314; s. 2, ch. 96-384; s. 245, ch. 99-8; s. 7, ch. 2004-292; s. 1, ch. 2008-55; s. 25, ch. 2010-161; s. 1, ch. 2011-119; s. 1, ch. 2012-165; s. 275, ch. 2014-19; s. 1, ch. 2014-133.
    Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us



    Did you read chapter 493?


    You are wrong

  5. #15
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    Quote any laws you want. Dream and fantasize about being a hero. No matter what, security guards are jokes. If I feel like walking on some private property, I will. If a cop shows up, I will do what he says. If a security guard tries to stop me, he will get his teeth knocked down the back of his throat and his face slapped sideways.

  6. #16
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    Quote Originally Posted by Unregistered View Post
    Here is the statute you refer to still does not mention security guard

    509.013 Definitions.—As used in this chapter, the term:
    (1) “Division” means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
    (2) “Operator” means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment.
    (3) “Guest” means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment.
    (4)(a) “Public lodging establishment” includes a transient public lodging establishment as defined in subparagraph 1. and a nontransient public lodging establishment as defined in subparagraph 2.
    1. “Transient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.
    2. “Nontransient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month.
    License classifications of public lodging establishments, and the definitions therefor, are set out in s. 509.242. For the purpose of licensure, the term does not include condominium common elements as defined in s. 718.103.
    (b) The following are excluded from the definitions in paragraph (a):
    1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors.
    2. Any facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Families or other similar place regulated under s. 381.0072.
    3. Any place renting four rental units or less, unless the rental units are advertised or held out to the public to be places that are regularly rented to transients.
    4. Any unit or group of units in a condominium, cooperative, or timeshare plan and any individually or collectively owned one-family, two-family, three-family, or four-family dwelling house or dwelling unit that is rented for periods of at least 30 days or 1 calendar month, whichever is less, and that is not advertised or held out to the public as a place regularly rented for periods of less than 1 calendar month, provided that no more than four rental units within a single complex of buildings are available for rent.
    5. Any migrant labor camp or residential migrant housing permitted by the Department of Health under ss. 381.008-381.00895.
    6. Any establishment inspected by the Department of Health and regulated by chapter 513.
    7. Any nonprofit organization that operates a facility providing housing only to patients, patients’ families, and patients’ caregivers and not to the general public.
    8. Any apartment building inspected by the United States Department of Housing and Urban Development or other entity acting on the department’s behalf that is designated primarily as housing for persons at least 62 years of age. The division may require the operator of the apartment building to attest in writing that such building meets the criteria provided in this subparagraph. The division may adopt rules to implement this requirement.
    9. Any roominghouse, boardinghouse, or other living or sleeping facility that may not be classified as a hotel, motel, timeshare project, vacation rental, nontransient apartment, bed and breakfast inn, or transient apartment under s. 509.242.
    (5)(a) “Public food service establishment” means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.
    (b) The following are excluded from the definition in paragraph (a):
    1. Any place maintained and operated by a public or private school, college, or university:
    a. For the use of students and faculty; or
    b. Temporarily to serve such events as fairs, carnivals, and athletic contests.
    2. Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofit civic organization:
    a. For the use of members and associates; or
    b. Temporarily to serve such events as fairs, carnivals, or athletic contests.
    3. Any eating place located on an airplane, train, bus, or watercraft which is a common carrier.
    4. Any eating place maintained by a facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Families or other similar place that is regulated under s. 381.0072.
    5. Any place of business issued a permit or inspected by the Department of Agriculture and Consumer Services under s. 500.12.
    6. Any place of business where the food available for consumption is limited to ice, beverages with or without garnishment, popcorn, or prepackaged items sold without additions or preparation.
    7. Any theater, if the primary use is as a theater and if patron service is limited to food items customarily served to the admittees of theaters.
    8. Any vending machine that dispenses any food or beverages other than potentially hazardous foods, as defined by division rule.
    9. Any vending machine that dispenses potentially hazardous food and which is located in a facility regulated under s. 381.0072.
    10. Any research and development test kitchen limited to the use of employees and which is not open to the general public.
    (6) “Director” means the Director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
    (7) “Single complex of buildings” means all buildings or structures that are owned, managed, controlled, or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway.
    (8) “Temporary food service event” means any event of 30 days or less in duration where food is prepared, served, or sold to the general public.
    (9) “Theme park or entertainment complex” means a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually.
    (10) “Third-party provider” means, for purposes of s. 509.049, any provider of an approved food safety training program that provides training or such a training program to a public food service establishment that is not under common ownership or control with the provider.
    (11) “Transient establishment” means any public lodging establishment that is rented or leased to guests by an operator whose intention is that such guests’ occupancy will be temporary.
    (12) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient.
    (13) “Transient” means a guest in transient occupancy.
    (14) “Nontransient establishment” means any public lodging establishment that is rented or leased to guests by an operator whose intention is that the dwelling unit occupied will be the sole residence of the guest.
    (15) “Nontransient occupancy” means occupancy when it is the intention of the parties that the occupancy will not be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is the sole residence of the guest, the occupancy is nontransient.
    (16) “Nontransient” means a guest in nontransient occupancy.
    History.—s. 1, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; s. 2, ch. 83-241; s. 3, ch. 87-117; s. 31, ch. 88-90; s. 2, ch. 88-275; ss. 2, 51, 52, ch. 90-339; s. 1, ch. 91-40; s. 4, ch. 91-429; s. 21, ch. 92-180; s. 1, ch. 93-53; s. 14, ch. 93-133; s. 36, ch. 94-180; s. 202, ch. 94-218; s. 42, ch. 95-210; s. 3, ch. 95-314; s. 2, ch. 96-384; s. 245, ch. 99-8; s. 7, ch. 2004-292; s. 1, ch. 2008-55; s. 25, ch. 2010-161; s. 1, ch. 2011-119; s. 1, ch. 2012-165; s. 275, ch. 2014-19; s. 1, ch. 2014-133.
    Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us



    Did you read chapter 493?


    You are wrong

    First FSS493 appears to be nothing more than a regulatory statue for the State. Please highlight what section of FSS493 you want us to look at.

    Second if you look at 509.013 Definitions

    You are correct that is does not say "security officer". But read the definition of "operator".

    (2) “Operator” means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment.

  7. #17
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    To the original poster, a Security officer/guard/person has no power to detain (arrest) any individual. However under Florida Statute you can only detain for *FORCIBLE FELONY*! Those are: Sexual battery, vehicle burglary, burglary, etc. Security officer have no power, if you cross the line and detain a person for trespassing you are committing a *FALSE IMPRISONMENT*. Others have posted that as Security, they are only there to report suspicions activity to Law Enforcement, that is it. My advice is that if you have someone who is trespassing, make contact with them, as them for their information and then ask them to leave. IF they do not leave contact your local Law Enforcement agency for a trespass. You may keep a eye on this person to ensure they do nothing else but other than this you are done, you can not do anymore.

    I read that a poster, maybe the original one is complaining that HCSO response time is long, you must remember a trespass is not a big priority. The county is big and there are other calls for service that HCSO get that are more important, understand this.

    Please take my advice, DO NOT DETAIN ANYONE AS SECURITY! Unless you want to go to Orient Road, just contact your local agency.

  8. #18
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    Quote Originally Posted by Average Joe View Post
    First FSS493 appears to be nothing more than a regulatory statue for the State. Please highlight what section of FSS493 you want us to look at.

    Second if you look at 509.013 Definitions

    You are correct that is does not say "security officer". But read the definition of "operator".

    (2) “Operator” means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment.
    493.631 Temporary detention by a licensed security officer or licensed security agency manager at critical infrastructure facilities.—
    (1) As used in this section, the term “critical infrastructure facility” means any of the following, if it employs measures such as fences, barriers, or guard posts that are designed to exclude unauthorized persons:
    (a) A chemical manufacturing facility.
    (b) A refinery.
    (c) An electrical power plant as defined in s. 403.031, including a substation, switching station, electrical control center, or electric transmission or distribution facility.
    (d) A water intake structure, water treatment facility, wastewater treatment plant, or pump station.
    (e) A natural gas transmission compressor station.
    (f) A liquid natural gas terminal or storage facility.
    (g) A telecommunications central switching office.
    (h) A deepwater port or railroad switching yard.
    (i) A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas.
    (2) As used in this section, the terms “security officer” and “security agency manager” mean a security officer or security agency manager who possess a valid Class “D” or Class “MB” license pursuant to s. 493.6301 and a valid Class “G” license pursuant to s. 493.6115.
    (3) A security officer or security agency manager who is on duty, in uniform, and on the premises of a critical infrastructure facility, and who has probable cause to believe that a person has committed or is committing a crime against the client operating the premises or the client’s patron may temporarily detain the person to ascertain his or her identity and the circumstances of the person’s activity.
    (4) When temporarily detaining a person, the security officer or security agency manager shall notify the appropriate law enforcement agency of the detention as soon as reasonably possible. A security officer or security agency manager may temporarily detain a person only until a law enforcement officer arrives at the premises of the client and is in the presence of the detainee. Upon arrival of the law enforcement officer, the security officer or security agency manager shall immediately transfer custody of a person being temporarily detained to the responding law enforcement officer.
    (5) A security officer or security agency manager may not detain a person under this section after the arrival of a law enforcement officer unless the law enforcement officer requests that the security officer or security agency manager continue detaining the person. The authority of the security officer or security agency manager to continue detaining a person after the arrival of a law enforcement officer under this subsection does not extend beyond the place where the person was first detained or in the immediate vicinity of that place.
    (6) A security officer or security agency manager may not temporarily detain a person under this section longer than is reasonably necessary to affect the purposes of this section.
    (7) While detaining a person under this section, if a security officer or security agency manager observes that the person temporarily detained is armed with a firearm, concealed weapon, or destructive device that poses a threat to the safety of the security officer, the security agency manager, or any person for whom the security officer or security agency manager is responsible for providing protection, or if the detainee admits to having a weapon in his or her possession, the security officer or security agency manager may conduct a search of the person and his or her belongings only to the extent necessary to disclose the presence of a weapon. If the security officer or security agency manager finds a weapon during the search, he or she shall seize and transfer the weapon to the responding law enforcement officer.
    (8) A security officer or security agency manager who possesses a valid Class “G” license shall perform duties regulated under this section in a uniform with at least one patch or emblem visible at all times clearly identifying the agency employing the security officer or security agency manager.
    (9) A law enforcement officer, security officer, or security agency manager is not criminally or civilly liable for false arrest, false imprisonment, or unlawful detention due to his or her custody and detention of a person if done in compliance with this section.
    History.—s. 2, ch. 2013-221.

    Read it. Real simple statute spells it out. It excludes any other authority of a licensed security officer. Hope this helps.

  9. #19
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    Quote Originally Posted by Unregistered View Post
    493.631 Temporary detention by a licensed security officer or licensed security agency manager at critical infrastructure facilities.—
    (1) As used in this section, the term “critical infrastructure facility” means any of the following, if it employs measures such as fences, barriers, or guard posts that are designed to exclude unauthorized persons:
    (a) A chemical manufacturing facility.
    (b) A refinery.
    (c) An electrical power plant as defined in s. 403.031, including a substation, switching station, electrical control center, or electric transmission or distribution facility.
    (d) A water intake structure, water treatment facility, wastewater treatment plant, or pump station.
    (e) A natural gas transmission compressor station.
    (f) A liquid natural gas terminal or storage facility.
    (g) A telecommunications central switching office.
    (h) A deepwater port or railroad switching yard.
    (i) A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas.
    (2) As used in this section, the terms “security officer” and “security agency manager” mean a security officer or security agency manager who possess a valid Class “D” or Class “MB” license pursuant to s. 493.6301 and a valid Class “G” license pursuant to s. 493.6115.
    (3) A security officer or security agency manager who is on duty, in uniform, and on the premises of a critical infrastructure facility, and who has probable cause to believe that a person has committed or is committing a crime against the client operating the premises or the client’s patron may temporarily detain the person to ascertain his or her identity and the circumstances of the person’s activity.
    (4) When temporarily detaining a person, the security officer or security agency manager shall notify the appropriate law enforcement agency of the detention as soon as reasonably possible. A security officer or security agency manager may temporarily detain a person only until a law enforcement officer arrives at the premises of the client and is in the presence of the detainee. Upon arrival of the law enforcement officer, the security officer or security agency manager shall immediately transfer custody of a person being temporarily detained to the responding law enforcement officer.
    (5) A security officer or security agency manager may not detain a person under this section after the arrival of a law enforcement officer unless the law enforcement officer requests that the security officer or security agency manager continue detaining the person. The authority of the security officer or security agency manager to continue detaining a person after the arrival of a law enforcement officer under this subsection does not extend beyond the place where the person was first detained or in the immediate vicinity of that place.
    (6) A security officer or security agency manager may not temporarily detain a person under this section longer than is reasonably necessary to affect the purposes of this section.
    (7) While detaining a person under this section, if a security officer or security agency manager observes that the person temporarily detained is armed with a firearm, concealed weapon, or destructive device that poses a threat to the safety of the security officer, the security agency manager, or any person for whom the security officer or security agency manager is responsible for providing protection, or if the detainee admits to having a weapon in his or her possession, the security officer or security agency manager may conduct a search of the person and his or her belongings only to the extent necessary to disclose the presence of a weapon. If the security officer or security agency manager finds a weapon during the search, he or she shall seize and transfer the weapon to the responding law enforcement officer.
    (8) A security officer or security agency manager who possesses a valid Class “G” license shall perform duties regulated under this section in a uniform with at least one patch or emblem visible at all times clearly identifying the agency employing the security officer or security agency manager.
    (9) A law enforcement officer, security officer, or security agency manager is not criminally or civilly liable for false arrest, false imprisonment, or unlawful detention due to his or her custody and detention of a person if done in compliance with this section.
    History.—s. 2, ch. 2013-221.

    Read it. Real simple statute spells it out. It excludes any other authority of a licensed security officer. Hope this helps.
    This is at a "critical infrastructure facility" that does not include an apartment complex.

  10. #20
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