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  applicant individual under oath as 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
   75  licensee; 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 an
  131  arrest within the state of a person who holds a valid license
  132  issued under this chapter for a crime that could potentially
  133  disqualify the person from holding such a license, the
  134  department must provide the arrest information to the agency
  135  that 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 the employment or termination
  178  of employment of a licensee for a violation of this chapter,
  179  report such employment or termination 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
  203  submit proof that he or she has received during 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
  206  licensee and 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 student shall be submitted to
  211  the department in a manner prescribed by the department upon
  212  completion 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 completed
  242  requalification training during the previous 2 years of the
  243  licensure 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 exceed by paying a
  259  late fee equal to the 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 university with the application for a Class “CC”
  295  license. 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.
  310         3. If the license of an applicant for relicensure is
  311  invalid for more than 1 year, the applicant must complete the
  312  required training and pass any required examination.
  313         (c)An individual licensed on or before August 31, 2008, is
  314  not required to complete additional training hours in order to
  315  renew an active license beyond the total required hours, and the
  316  timeframe for completion in effect at the time he or she was
  317  licensed 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 initial a Class “D” license must
  325  successfully complete, within 3 years before the date of the
  326  application, submit proof of successful completion of a 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 training Upon
  347  reapplication for a license, an individual whose license has
  348  been expired for 1 year or more is considered an initial
  349  applicant and must submit proof of successful completion of 40
  350  hours of professional training at a school or training facility
  351  licensed by the department as provided in paragraph (a) before a
  352  license 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 must shall be signed and verified by
  357  the applicant under oath as 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 initial a Class “E” or a Class “EE”
  370  license must successfully complete, within 3 years before the
  371  date of the application, submit proof of successful completion
  372  of 40 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  applicant under oath as provided in s. 92.525 and must shall
  385  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.