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The Florida Senate

2021 Florida Statutes (Including 2021B Session)

Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 493 PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND REPOSSESSION SERVICES Entire Chapter
SECTION 6105
Initial application for license.
F.S. 493.6105
493.6105 Initial application for license.—
(1) Each individual, partner, or principal officer in a corporation, shall file with the department a complete application accompanied by an application fee not to exceed $60, except that an applicant for a Class “D” or Class “G” license is not required to submit an application fee. An application fee is not required for an applicant who qualifies for the fee waiver in s. 493.6107(6). The application fee is not refundable.
(a) The application submitted by any individual, partner, or corporate officer must be approved by the department before the individual, partner, or corporate officer assumes his or her duties.
(b) Individuals who invest in the ownership of a licensed agency but do not participate in, direct, or control the operations of the agency are not required to file an application.
(2) Each application must be signed and verified by the individual under oath as provided in s. 92.525.
(3) The application must contain the following information concerning the individual signing the application:
(a) Name and any aliases.
(b) Age and date of birth.
(c) Place of birth.
(d) Social security number or alien registration number, whichever is applicable.
(e) Current residence address and mailing address.
(f) A statement of all criminal convictions, findings of guilt, and pleas of guilty or nolo contendere, regardless of adjudication of guilt. An applicant for a Class “G” or Class “K” license who is younger than 24 years of age shall also include a statement regarding any finding of having committed a delinquent act in any state, territory, or country which would be a felony if committed by an adult and which is punishable by imprisonment for a term exceeding 1 year.
(g) One passport-type color photograph taken within the 6 months immediately preceding submission of the application.
(h) A statement whether he or she has ever been adjudicated incompetent under chapter 744.
(i) A statement whether he or she has ever been committed to a mental institution under chapter 394.
(j) A full set of fingerprints, a fingerprint processing fee, and a fingerprint retention fee. The fingerprint processing and retention fees shall be established by rule of the department based upon costs determined by state and federal agency charges and department processing costs, which must include the cost of retaining the fingerprints in the statewide automated biometric identification system established in s. 943.05(2)(b) and the cost of enrolling the fingerprints in the national retained print arrest notification program as required under s. 493.6108. An applicant who has, within the immediately preceding 6 months, submitted such fingerprints and fees for licensing purposes under this chapter and who still holds a valid license is not required to submit another set of fingerprints or another fingerprint processing fee. An applicant who holds multiple licenses issued under this chapter is required to pay only a single fingerprint retention fee. Partners and corporate officers who do not possess licenses subject to renewal under s. 493.6113 are exempt from the fingerprint retention requirements of this chapter.
(k) A personal inquiry waiver that allows the department to conduct necessary investigations to satisfy the requirements of this chapter.
(l) Such further facts as may be required by the department to show that the individual signing the application is of good moral character and qualified by experience and training to satisfy the requirements of this chapter.
(4) In addition to the application requirements outlined under subsection (3), the applicant for a Class “C,” Class “E,” Class “M,” Class “MA,” Class “MB,” or Class “MR” license must include a statement on a form provided by the department of the experience that he or she believes will qualify him or her for such license.
(5) In addition to the requirements outlined in subsection (3), an applicant for a Class “G” license must satisfy minimum training criteria for firearms established by rule of the department, which training criteria includes, but is not limited to, 28 hours of range and classroom training taught and administered by a Class “K” licensee; however, no more than 8 hours of such training shall consist of range training. The department may waive the foregoing firearms training requirement if:
(a) The applicant provides proof that he or she is currently certified as a law enforcement officer or correctional officer pursuant to the requirements of the Criminal Justice Standards and Training Commission or has successfully completed the training required for certification within the last 12 months.
(b) The applicant provides proof that he or she is currently certified as a federal law enforcement officer and has received law enforcement firearms training administered by a federal law enforcement agency.
(c) The applicant submits a valid firearm certificate among those specified in paragraph (6)(a).
(6) In addition to the requirements under subsection (3), an applicant for a Class “K” license must:
(a) Submit one of the following:
1. The Florida Criminal Justice Standards and Training Commission Instructor Certificate and written confirmation by the commission that the applicant possesses an active firearms certification.
2. A valid National Rifle Association Private Security Firearm Instructor Certificate issued not more than 3 years before the submission of the applicant’s Class “K” application.
3. A valid firearms instructor certificate issued by a federal law enforcement agency issued not more than 3 years before the submission of the applicant’s Class “K” application.
(b) Pay the fee for and pass an examination administered by the department which shall be based upon, but is not necessarily limited to, a firearms instruction manual provided by the department.
(7) In addition to the application requirements for individuals, partners, or officers outlined under subsection (3), the application for an agency license must contain the following information:
(a) The proposed name under which the agency intends to operate.
(b) The street address, mailing address, and telephone numbers of the principal location at which business is to be conducted in this state.
(c) The street address, mailing address, and telephone numbers of all branch offices within this state.
(d) The names and titles of all partners or, in the case of a corporation, the names and titles of its principal officers.
(8) Upon submission of a complete application, a Class “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,” Class “MA,” Class “MB,” or Class “MR” applicant may commence employment or appropriate duties for a licensed agency or branch office. However, the Class “C” or Class “E” applicant must work under the direction and control of a sponsoring licensee while his or her application is being processed. If the department denies application for licensure, the employment of the applicant must be terminated immediately, unless he or she performs only unregulated duties.
History.—ss. 2, 11, ch. 90-364; s. 1, ch. 91-248; s. 4, ch. 91-429; s. 1, ch. 93-49; s. 527, ch. 97-103; s. 3, ch. 97-248; s. 2, ch. 2011-205; s. 14, ch. 2012-67; s. 43, ch. 2013-116; s. 3, ch. 2016-166; s. 11, ch. 2017-85; s. 11, ch. 2018-7.