eLaws of Florida

  SECTION 509.143. Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.  


Latest version.
  • 1(1) 2An 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. 43877.03 44on 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.
    88(2) 89A 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. 120877.03 121on 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.
    148(3) 149An 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).
    199(4) 200A 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. 240775.082 241or s. 243775.083, 244unless 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.