Bill Text: FL S1834 | 2020 | Regular Session | Introduced
Bill Title: Private Investigative, Private Security, and Repossession Services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S1834 Detail]
Download: Florida-2020-S1834-Introduced.html
Florida Senate - 2020 SB 1834 By Senator Farmer 34-01565B-20 20201834__ 1 A bill to be entitled 2 An act relating to private investigative, private 3 security, and repossession services; amending s. 4 493.6105, F.S.; requiring licensed Class “K” firearms 5 instructors to submit proof of certain training to the 6 Department of Agriculture and Consumer Services; 7 requiring such instructors to provide a copy of the 8 training results to persons who completed the 9 training; authorizing an applicant for a Class “K” 10 license to submit a specified form to meet certain 11 requirements; amending s. 493.6106, F.S.; authorizing 12 the Department of Law Enforcement to provide certain 13 information to the Department of Agriculture and 14 Consumer Services under certain circumstances; 15 amending s. 493.6108, F.S.; deleting a provision 16 requiring the department to provide arrest information 17 to certain agencies; amending s. 493.6109, F.S.; 18 providing that a certain requirement relating to 19 adopting rules for licensing reciprocity may be waived 20 during a state of emergency; amending s. 493.6111, 21 F.S.; revising the authority of the department when 22 issuing licenses under ch. 493, F.S.; authorizing a 23 licensee to carry an electronic image of his or her 24 license card in lieu of carrying a physical card; 25 amending s. 493.6112, F.S.; revising the circumstances 26 under which an agency must report certain information 27 to the department; amending s. 493.6113, F.S.; 28 revising renewal requirements for Class “G” licensees; 29 requiring Class “K” firearms instructors to provide 30 certain information to the department; requiring the 31 department to adopt rules to establish late fees 32 relating to licensure renewals; amending s. 493.6115, 33 F.S.; providing an additional circumstance under which 34 the department is authorized to issue a temporary 35 Class “G” license; amending s. 493.6123, F.S.; 36 authorizing the department to publish certain 37 information electronically; amending s. 493.6203, 38 F.S.; revising requirements relating to training for 39 Class “CC” licenses; amending s. 493.6303, F.S.; 40 revising requirements relating to training for Class 41 “D” licenses; requiring schools and training 42 facilities to submit training results directly to the 43 department and provide a copy of the results to the 44 applicant who completed the training; requiring the 45 department to adopt rules relating to in-person and 46 online training; amending s. 493.6304, F.S.; requiring 47 that applications to offer certain training for Class 48 “D” applicants include certain website addresses if 49 applicable; amending s. 493.6403, F.S.; revising 50 requirements relating to training for Class “E” and 51 Class “EE” licenses; requiring schools and training 52 facilities to submit training results directly to the 53 department and provide a copy of the results to the 54 applicant who completed the training; amending s. 55 493.6406, F.S.; making a technical change; reenacting 56 s. 493.6118(1)(q), F.S., relating to grounds for 57 disciplinary action, to incorporate the amendment made 58 to s. 493.6111, F.S., in a reference thereto; 59 providing an effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. Subsections (2) and (5) and paragraph (a) of 64 subsection (6) of section 493.6105, Florida Statutes, are 65 amended to read: 66 493.6105 Initial application for license.— 67 (2) Each application must be signed and verified by the 68 applicantindividual under oathas provided in s. 92.525. 69 (5) In addition to the requirements outlined in subsection 70 (3), an applicant for a Class “G” license must satisfy minimum 71 training criteria for firearms established by rule of the 72 department, which training criteria includes, but is not limited 73 to, 28 hours of range and classroom training taught and 74 administered by a licensed Class “K” firearms instructor 75licensee; however, no more than 8 hours of such training shall 76 consist of range training. Upon completion of the training, the 77 licensed Class “K” firearms instructor must submit proof of 78 completion of the training for each student to the department 79 electronically in a manner prescribed by the department. The 80 instructor must also provide a copy of the training results to 81 the student who completed the training. The department may waive 82 the foregoing firearms training requirement if: 83 (a) The applicant provides proof that he or she is 84 currently certified as a law enforcement officer or correctional 85 officer pursuant to the requirements of the Criminal Justice 86 Standards and Training Commission or has successfully completed 87 the training required for certification within the last 12 88 months. 89 (b) The applicant provides proof that he or she is 90 currently certified as a federal law enforcement officer and has 91 received law enforcement firearms training administered by a 92 federal law enforcement agency. 93 (c) The applicant submits a valid firearm certificate among 94 those specified in paragraph (6)(a). 95 (6) In addition to the requirements under subsection (3), 96 an applicant for a Class “K” license must: 97 (a) Submit one of the following: 98 1. The Florida Criminal Justice Standards and Training 99 Commission Instructor Certificate and written confirmation by 100 the commission that the applicant possesses an active firearms 101 certification. 102 2. A valid National Rifle Association Private Security 103 Firearm Instructor Certificate issued not more than 3 years 104 before the submission of the applicant’s Class “K” application. 105 3. A valid firearms instructor certificate issued by a 106 federal law enforcement agency issued not more than 3 years 107 before the submission of the applicant’s Class “K” application. 108 4. A valid DD Form 214 issued by the United States 109 Department of Defense no more than 3 years before the submission 110 of the applicant’s Class “K” application which indicates that 111 the applicant has been honorably discharged and served for at 112 least 3 years in the military as a firearms instructor. 113 Section 2. Paragraph (g) of subsection (1) of section 114 493.6106, Florida Statutes, is amended to read: 115 493.6106 License requirements; posting.— 116 (1) Each individual licensed by the department must: 117 (g) Not be prohibited from purchasing or possessing a 118 firearm by state or federal law if the individual is applying 119 for a Class “G” license or a Class “K” license. To the extent 120 allowed under federal law, the Department of Law Enforcement may 121 provide National Instant Criminal Background Check System (NICS) 122 results, including the NICS Index, to the department to 123 determine eligibility. 124 Section 3. Subsection (5) of section 493.6108, Florida 125 Statutes, is amended to read: 126 493.6108 Investigation of applicants by Department of 127 Agriculture and Consumer Services.— 128 (5) A person licensed under this chapter must notify his or 129 her employer within 3 calendar days if he or she is arrested for 130 any offense.If the department receives information about an131arrest within the state of a person who holds a valid license132issued under this chapter for a crime that could potentially133disqualify the person from holding such a license, the134department must provide the arrest information to the agency135that employs the licensee.136 Section 4. Paragraph (b) of subsection (2) of section 137 493.6109, Florida Statutes, is amended, and subsection (1) of 138 that section is republished, to read: 139 493.6109 Reciprocity.— 140 (1) The department may adopt rules for: 141 (a) Entering into reciprocal agreements with other states 142 or territories of the United States for the purpose of licensing 143 persons to perform activities regulated under this chapter who 144 are currently licensed to perform similar services in the other 145 states or territories; or 146 (b) Allowing a person who is licensed in another state or 147 territory to perform similar services in this state, on a 148 temporary and limited basis, without the need for licensure in 149 state. 150 (2) The rules authorized in subsection (1) may be 151 promulgated only if: 152 (b) The applicant has engaged in licensed activities for at 153 least 1 year in the other state or territory with no 154 disciplinary action against him or her. This requirement may be 155 waived during a state of emergency declared under chapter 252. 156 Section 5. Subsection (1) of section 493.6111, Florida 157 Statutes, is amended to read: 158 493.6111 License; contents; identification card.— 159 (1) All licenses issued pursuant to this chapter shall be 160 on a form prescribed by the department and shall include the 161 licensee’s name, license number, expiration date of the license, 162 and any other information the department deems necessary. The 163 department may issue a single license card for multiple classes 164 of licensure and may issue such license cards or an electronic 165 license in a digital format containing a quick response barcode 166 identifying individual licensure classes. A licensee may carry 167 an electronic image of his or her license card in lieu of 168 carrying a physical card. Class “C,” Class “CC,” Class “D,” 169 Class “E,” Class “EE,” Class “M,” Class “MA,” Class “MB,” Class 170 “MR,” and Class “G” licenses shall be in the possession of 171 individual licensees while on duty. 172 Section 6. Subsection (2) of section 493.6112, Florida 173 Statutes, is amended to read: 174 493.6112 Notification to Department of Agriculture and 175 Consumer Services of changes of partner or officer or 176 employees.— 177 (2) Each agency shall, upon theemployment ortermination 178 of employment of a licensee for a violation of this chapter, 179 report suchemployment ortermination within 15 calendar days to 180 the department and, in the case of a termination,report the 181 reason or reasons therefor. The report shall be submitted 182 electronically in a manner prescribed by the department. 183 Section 7. Paragraphs (b) and (d) of subsection (3) and 184 subsection (4) of section 493.6113, Florida Statutes, are 185 amended to read: 186 493.6113 Renewal application for licensure.— 187 (3) Each licensee is responsible for renewing his or her 188 license on or before its expiration by filing with the 189 department an application for renewal accompanied by payment of 190 the renewal fee and the fingerprint retention fee to cover the 191 cost of ongoing retention in the statewide automated biometric 192 identification system established in s. 943.05(2)(b). Upon the 193 first renewal of a license issued under this chapter before 194 January 1, 2017, the licensee shall submit a full set of 195 fingerprints and fingerprint processing fees to cover the cost 196 of entering the fingerprints into the statewide automated 197 biometric identification system pursuant to s. 493.6108(4)(a) 198 and the cost of enrollment in the Federal Bureau of 199 Investigation’s national retained print arrest notification 200 program. Subsequent renewals may be completed without submission 201 of a new set of fingerprints. 202 (b) Each Class “G” licensee shall additionally complete 203submit proof that he or she has receivedduring each year of the 204 license period a minimum of 4 hours of firearms requalification 205 training taught by a licensed Class “K” firearms instructor 206licenseeand submit proof that he or she has complied with such 207 other health and training requirements that the department shall 208 adopt by rule. Upon completion of each training, the Class “K” 209 firearms instructor must submit proof of completion of firearms 210 requalification training for each studentshall be submittedto 211 the department in a manner prescribed by the departmentupon212completion of the training. A Class “G” licensee must 213 successfully complete this requalification training for each 214 type and caliber of firearm carried in the course of performing 215 his or her regulated duties. If the licensee fails to complete 216 the required 4 hours of annual training during the first year of 217 the 2-year term of the license, the license shall be 218 automatically suspended. The licensee must complete the minimum 219 number of hours of range and classroom training required at the 220 time of initial licensure and submit proof of completion of such 221 training to the department before the license may be reinstated. 222 If the licensee fails to complete the required 4 hours of annual 223 training during the second year of the 2-year term of the 224 license, the licensee must complete the minimum number of hours 225 of range and classroom training required at the time of initial 226 licensure and submit proof of completion of such training to the 227 department before the license may be renewed. The department may 228 waive the firearms training requirement if: 229 1. The applicant provides proof that he or she is currently 230 certified as a law enforcement officer or correctional officer 231 under the Criminal Justice Standards and Training Commission and 232 has completed law enforcement firearms requalification training 233 annually during the previous 2 years of the licensure period; 234 2. The applicant provides proof that he or she is currently 235 certified as a federal law enforcement officer and has received 236 law enforcement firearms training administered by a federal law 237 enforcement agency annually during the previous 2 years of the 238 licensure period; or 239 3. The applicant holds a valid Class “K” license and 240 submits a valid firearm certificate among those specified in s. 241 493.6105(6)(a)and provides proof of having completed242requalification training during the previous 2 years of the243licensure period. 244 4. The applicant provides proof that he or she has 245 completed annual firearms training in accordance with the 246 requirements of the Law Enforcement Officers Safety Act, 18 247 U.S.C. 926B and 926C. 248 (d) Each Class “K” licensee shall additionally submit: 249 1. One of the certificates specified under s. 493.6105(6) 250 as proof that he or she remains certified to provide firearms 251 instruction; or 252 2. Proof of having taught at least six 28-hour firearms 253 instruction courses to Class “G” applicants during the previous 254 3-year license period. 255 (4) A licensee who fails to file a renewal application on 256 or before its expiration must renew his or her license by 257 fulfilling the applicable requirements of subsection (3) and may 258 be required to pay a late fee, which may not exceedby paying a259late fee equal tothe amount of the license fee. The division 260 shall establish the late fee by rule. 261 Section 8. Paragraph (f) is added to subsection (12) of 262 section 493.6115, Florida Statutes, to read: 263 493.6115 Weapons and firearms.— 264 (12) The department may issue a temporary Class “G” 265 license, on a case-by-case basis, if: 266 (f) The applicant has been issued and currently holds a 267 valid Class “C,” Class “CC,” Class “D,” Class “M,” Class “MA,” 268 or Class “MB” license. 269 Section 9. Subsection (3) is added to section 493.6123, 270 Florida Statutes, to read: 271 493.6123 Publication to industry.— 272 (3) The department may publish any information required to 273 be published by this section in an electronic format rather than 274 on paper. 275 Section 10. Paragraphs (b) and (c) of subsection (6) of 276 section 493.6203, Florida Statutes, are amended to read: 277 493.6203 License requirements.—In addition to the license 278 requirements set forth elsewhere in this chapter, each 279 individual or agency shall comply with the following additional 280 requirements: 281 (6) 282 (b) Before submission of an application to the department, 283 the applicant for a Class “CC” license must have completed a 284 minimum of 40 hours of professional training pertaining to 285 general investigative techniques and this chapter, which course 286 is offered by a state university or by a school, community 287 college, college, or university under the purview of the 288 Department of Education, and the applicant must pass an 289 examination. The applicant must have completed the training 290 within 3 years before the date of receipt of the application. 291 The certificate evidencing satisfactory completion of the 40 292 hours of professional training must be submitted to the 293 department by the state university, school, community college, 294 college, or universitywith the application for a Class “CC”295license. The training specified in this paragraph may be 296 provided by face-to-face presentation, online technology, or a 297 home study course in accordance with rules and procedures of the 298 Department of Education. The administrator of the examination 299 must verify the identity of each applicant taking the 300 examination. 301 1. Upon an applicant’s successful completion of each part 302 of the approved training and passage of any required 303 examination, the school, community college, college, or 304 university shall issue a certificate of completion to the 305 applicant. The certificates must be on a form established by 306 rule of the department. 307 2. The department shall establish by rule the general 308 content of the professional training and the examination 309 criteria. 3103. If the license of an applicant for relicensure is311invalid for more than 1 year, the applicant must complete the312required training and pass any required examination.313(c)An individual licensed on or before August 31, 2008, is314not required to complete additional training hours in order to315renew an active license beyond the total required hours, and the316timeframe for completion in effect at the timeheor she was317licensed applies.318 Section 11. Subsection (4) of section 493.6303, Florida 319 Statutes, is amended to read: 320 493.6303 License requirements.—In addition to the license 321 requirements set forth elsewhere in this chapter, each 322 individual or agency must comply with the following additional 323 requirements: 324 (4)(a) An applicant for an initialaClass “D” license must 325 successfully complete, within 3 years before the date of the 326 application,submit proof of successful completion ofa minimum 327 of 40 hours of professional training at a school or training 328 facility licensed by the department. The department shall by 329 rule establish the general content and number of hours of each 330 subject area to be taught. Upon completion of the training, the 331 school or training facility must submit the results directly to 332 the department electronically in a manner prescribed by the 333 department. The school or training facility must also provide a 334 copy of the training results to the person who completed the 335 training. 336 (b) The training required in paragraph (a) may be conducted 337 by in-person or online instruction, or a combination thereof as 338 provided by the department in rule. All approved online training 339 must be conducted through a secure website of the school or 340 training facility, provided that the applicant’s identity, 341 attendance, and successful completion of training are verified. 342 The department shall adopt rules specifying what portion of the 343 training may be conducted online, the methods of delivery and 344 security protocols for online training, and adopt any other 345 rules necessary for the regulation of schools and training 346 facilities providing in-person or online trainingUpon347reapplication for a license, an individual whose license has348been expired for 1 year or more is considered an initial349applicant and must submit proof of successful completion of 40350hours of professional training at a school or training facility351licensed by the department as provided in paragraph (a) before a352license is issued. 353 Section 12. Subsection (2) of section 493.6304, Florida 354 Statutes, is amended to read: 355 493.6304 Security officer school or training facility.— 356 (2) The application mustshallbe signed and verified by 357 the applicantunder oathas provided in s. 92.525 and must 358 contain, at a minimum, the following information: 359 (a) The name and address of the school or training facility 360 and, if the applicant is an individual, her or his name, 361 address, and social security or alien registration number. 362 (b) The street address and, if applicable, the website 363 address of the place at which the training is to be conducted. 364 (c) A copy of the training curriculum and final examination 365 to be administered. 366 Section 13. Subsection (2) of section 493.6403, Florida 367 Statutes, is amended to read: 368 493.6403 License requirements.— 369 (2) An applicant for an initialaClass “E” or a Class “EE” 370 license must successfully complete, within 3 years before the 371 date of the application,submit proof of successful completion372of40 hours of professional training at a school or training 373 facility licensed by the department. The department shall by 374 rule establish the general content for the training. Upon 375 completion of the training, the school or training facility 376 shall submit the results directly to the department 377 electronically in a manner prescribed by the department. The 378 school or training facility shall also provide a copy of the 379 training results to the person who completed the training. 380 Section 14. Subsection (2) of section 493.6406, Florida 381 Statutes, is amended to read: 382 493.6406 Recovery agent school or training facility.— 383 (2) The application must be signed and verified by the 384 applicantunder oathas provided in s. 92.525 and mustshall385 contain, at a minimum, the following information: 386 (a) The name and address of the school or training facility 387 and, if the applicant is an individual, his or her name, 388 address, and social security or alien registration number. 389 (b) The street address of the place at which the training 390 is to be conducted or the street address of the Class “RS” 391 school offering Internet-based or correspondence training. 392 (c) A copy of the training curriculum and final examination 393 to be administered. 394 Section 15. For the purpose of incorporating the amendment 395 made by this act to section 493.6111, Florida Statutes, in a 396 reference thereto, paragraph (q) of subsection (1) of section 397 493.6118, Florida Statutes, is reenacted to read: 398 493.6118 Grounds for disciplinary action.— 399 (1) The following constitute grounds for which disciplinary 400 action specified in subsection (2) may be taken by the 401 department against any licensee, agency, or applicant regulated 402 by this chapter, or any unlicensed person engaged in activities 403 regulated under this chapter: 404 (q) Failure of any licensee to have his or her license in 405 his or her possession while on duty, as specified in s. 406 493.6111(1). 407 Section 16. This act shall take effect July 1, 2020.