Can a Security Guard Detain You in Florida? Understanding Your Rights and Security Guard Authority
In today’s security-conscious world, encounters with security guards are increasingly common. Whether you’re shopping at a mall, attending an event, or visiting a gated community, security personnel are often the first line of defense against potential threats. However, many Florida residents and visitors remain unclear about the extent of a security guard’s authority—particularly regarding detention. This comprehensive guide explores the legal framework governing security guard detention powers in Florida, when these powers can be exercised, and what rights individuals maintain during such encounters.
The Legal Authority of Security Guards in Florida
Understanding “Citizen’s Arrest” in Florida
Security guards in Florida operate under what’s commonly known as “citizen’s arrest” authority. Unlike police officers, security guards do not possess inherent law enforcement powers. Instead, they derive their detention authority from Florida Statute 493.6305, which governs security officer conduct, and broader common law principles.
Under Florida law, a security guard may temporarily detain someone only under specific circumstances:
- Reasonable belief that a person has committed a felony
- Witnessed misdemeanors that constitute a breach of peace
- Retail theft situations where there is probable cause (under Florida’s Retail Theft statute, F.S. 812.015)
According to Attorney Michael Kessler, a Florida criminal defense specialist, “Security guards face significant liability if they detain someone without proper legal justification. The detention must be based on articulable facts, not mere suspicion or bias.”
Professional Licensing Requirements
As of 2025, all security guards in Florida must:
- Hold a valid Class “D” security officer license
- Complete at least 40 hours of professional training
- Pass a background check
- Maintain proper certification through the Department of Agriculture and Consumer Services
These requirements ensure security personnel understand the legal boundaries of their authority and the proper protocols for detention situations.
When Can a Security Guard Legally Detain You in Florida?
Felony Situations
Security guards may detain individuals when they have reasonable grounds to believe a felony has occurred. Examples include:
- Violent crimes against persons
- Significant property theft or damage
- Drug trafficking
- Weapons violations
In these cases, the guard must have witnessed the act or have strong evidence of its occurrence.
Retail Theft and Shoplifting
Florida’s retail theft statute provides specific detention rights to merchants and their security personnel. Under F.S. 812.015, security guards may detain suspected shoplifters if:
- They have probable cause to believe retail theft has occurred
- The detention is conducted in a reasonable manner
- The detention lasts only for a reasonable time (typically until law enforcement arrives)
- The purpose is to recover merchandise or to wait for law enforcement
According to recent Florida case law, “reasonable time” generally means no more than 1-2 hours unless extraordinary circumstances exist.
Breaches of Peace
Security guards may also detain someone for misdemeanors constituting a “breach of peace,” such as:
- Fighting or disorderly conduct
- Creating public disturbances
- Trespassing after warning
- Public intoxication causing disruption
However, minor infractions like parking violations or dress code issues do not justify detention.
Limitations on Security Guard Authority
Use of Force Restrictions
Florida law limits the use of force by security guards during detention. Security personnel may only use:
- Reasonable force proportional to the situation
- Minimum force necessary to detain the individual
- No deadly force except in self-defense or defense of others from imminent serious harm
A 2023 Florida appellate court ruling emphasized that security guards who exceed these limitations may face both criminal charges and civil liability.
Private Property Considerations
Security guards have greater authority on private property they’re employed to protect. They can:
- Request identification from visitors
- Ask individuals to leave the premises
- Detain trespassers who refuse to depart after warning
However, as the Florida Supreme Court clarified in a 2022 decision, these powers do not extend to public sidewalks or areas adjacent to the property.
Required Procedures During Detention
When detaining an individual, Florida security guards must:
- Identify themselves as security personnel
- Explain the reason for detention
- Contact law enforcement immediately
- Maintain reasonable conditions during detention
- Document the incident thoroughly
- Transfer custody to police upon their arrival
Failure to follow these procedures may invalidate the detention and expose the guard and their employer to legal consequences.
Your Rights When Detained by a Security Guard
Right to Know Why You’re Being Detained
If detained by a security guard in Florida, you have the right to:
- Be informed of the reason for your detention
- Know the guard’s name and security license information
- Request to see a supervisor
Right to Reasonable Treatment
During detention, you maintain rights to:
- Be free from excessive force
- Not be subjected to abusive language or threats
- Reasonable accommodation for medical needs
- Protection from public humiliation
When to Cooperate vs. When to Assert Rights
Legal experts recommend:
- Remaining calm and non-confrontational
- Providing identification if requested on private property
- Clearly stating “I do not consent to searches” if applicable
- Asking if you are free to leave or being detained
- Requesting law enforcement presence if uncertain about the legality of detention
As Florida attorney Sarah Johnson notes, “The best course of action is typically to remain calm, request law enforcement, and address any improper detention through proper legal channels afterward rather than escalating the situation.”
Shergroup USA’s Approach to Security Detention
At Shergroup USA, we emphasize a preventative rather than reactive approach to security. Our standard operating procedures prioritize:
- Observation and reporting over confrontation
- De-escalation techniques to resolve situations peacefully
- Immediate law enforcement notification for criminal matters
- Documentation through advanced reporting systems including photo and video evidence
- Strict adherence to legal detention parameters
Our security personnel receive extensive training beyond state requirements, including conflict resolution, legal boundaries of authority, and proper detention procedures. We believe that professional security is about preventing incidents through presence and deterrence rather than engaging in detention whenever possible.
What Happens After a Security Guard Detention?
Following detention by a security guard in Florida:
- Law enforcement should be contacted immediately
- Police will determine if formal arrest is warranted
- The detained person will either be arrested or released
- An incident report must be filed by the security guard
- Evidence must be preserved, including security footage
According to Florida Department of Law Enforcement statistics, approximately 65% of security guard detentions in Florida result in formal arrests, while the remainder end in release without charges.
Legal Recourse for Improper Detention
If you believe you’ve been improperly detained by a security guard in Florida, potential remedies include:
- False imprisonment claims against the guard and employer
- Assault and battery claims if excessive force was used
- Complaints to the Department of Agriculture and Consumer Services regarding license violations
- Civil rights claims if detention was based on protected characteristics
The statute of limitations for most related civil claims in Florida is four years from the date of the incident.
Conclusion | Balancing Security and Individual Rights
Understanding whether a security guard can detain you in Florida requires recognizing the delicate balance between security needs and individual rights. Security guards play an essential role in maintaining safety but must operate within clear legal boundaries.
At Shergroup USA, we believe effective security comes not from aggressive detention practices but from professional presence, thorough training, and seamless cooperation with law enforcement. Our focus remains on prevention through visibility, documentation through technology, and resolution through proper channels.
For businesses seeking security services or individuals with questions about security procedures, Shergroup USA offers consultations on establishing proper security protocols that respect both safety concerns and individual rights.
Whether you’re a business owner concerned about liability or an individual wondering about your rights, understanding the legal framework surrounding security guard detention in Florida helps ensure both safety and respect for civil liberties in our communities.
Shergroup USA provides professional security services throughout Florida, including Orlando, Tampa, and Miami. Our trained security professionals adhere to the highest standards of legal compliance and professional conduct. For more information about our comprehensive security solutions, visit www.shergroupusa.com or contact our team at (407) 203-7077.