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House Bill 1591er

ENROLLED 1997 Legislature HB 1591 1 2 An act relating to private investigative, 3 private security, and repossession services; 4 amending s. 493.6101, F.S.; redefining the term 5 "private investigation" and defining the term 6 "felony"; amending s. 493.6102, F.S.; revising 7 language with respect to inapplicability of ch. 8 493, F.S., to certain local, state, and federal 9 officers; providing for inapplicability of the 10 chapter to certain persons and firms conducting 11 genealogical research; amending s. 493.6105, 12 F.S.; revising firearms training requirements 13 for applicants for a Class "G" license; 14 amending s. 493.6108, F.S.; authorizing 15 physicians licensed under similar law of other 16 states to certify the physical fitness of Class 17 "G" applicants; authorizing rather than 18 requiring the department to deny a Class "G" 19 license to certain persons; amending s. 20 493.6115, F.S.; revising a provision relating 21 to the firearms certain licensees may carry; 22 providing that certain licensees may carry a 9 23 millimeter semiautomatic pistol while 24 performing security-related services; providing 25 training criteria for Class "G" applicants; 26 amending s. 493.6118, F.S.; revising language 27 with respect to grounds for disciplinary action 28 relating to criminal convictions; amending s. 29 493.6121, F.S.; providing for compliance with 30 certain subpoenas; amending s. 493.6201, F.S.; 31 providing that certain licensees may perform 1 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 bodyguard services; amending s. 493.6301, F.S.; 2 providing that certain licensees may be 3 designated as managers of certain agencies or 4 branch offices; amending s. 493.6305, F.S.; 5 requiring return of uniforms and certain other 6 equipment by licensees upon resignation or 7 termination; amending s. 493.6404, F.S.; 8 providing that United States Postal Service 9 proof of mailing is sufficient for notification 10 to debtors of the intent to dispose of their 11 property; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (17) of section 493.6101, 16 Florida Statutes, 1996 Supplement, is amended, and subsection 17 (23) is added to said section, to read: 18 493.6101 Definitions.-- 19 (17) "Private investigation" means bodyguard services 20 or the investigation by a person or persons for the purpose of 21 obtaining information with reference to any of the following 22 matters: 23 (a) Crime or wrongs done or threatened against the 24 United States or any state or territory of the United States, 25 when operating under express written authority of the 26 governmental official responsible for authorizing such 27 investigation. 28 (b) The identity, habits, conduct, movements, 29 whereabouts, affiliations, associations, transactions, 30 reputation, or character of any society, person, or group of 31 persons. 2 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 (c) The credibility of witnesses or other persons. 2 (d) The whereabouts of missing persons, owners of 3 abandoned property or escheated property, or heirs to estates. 4 (e) The location or recovery of lost or stolen 5 property. 6 (f) The causes and origin of, or responsibility for, 7 fires, libels, slanders, losses, accidents, damage, or 8 injuries to real or personal property. 9 (g) The business of securing evidence to be used 10 before investigating committees or boards of award or 11 arbitration or in the trial of civil or criminal cases and the 12 preparation therefor. 13 (23) "Felony" means a criminal offense that is 14 punishable under the laws of this state, or that would be 15 punishable if committed in this state, by death or 16 imprisonment in the state penitentiary; a crime in any other 17 state or a crime against the United States which is designated 18 as a felony; or an offense in any other state, territory, or 19 country punishable by imprisonment for a term exceeding 1 20 year. 21 Section 2. Subsection (1) of section 493.6102, Florida 22 Statutes, 1996 Supplement, is amended, and subsection (14) is 23 added to said section, to read: 24 493.6102 Inapplicability of parts I through IV of this 25 chapter.--This chapter shall not apply to: 26 (1) Any individual who is an "officer" as defined in 27 s. 943.10(14) or is a law enforcement officer of the United 28 States Government, while such local, state, or federal officer 29 is engaged in his official duties or when performing off-duty 30 security activities, not including repossession services, 31 approved by his superiors. 3 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 (14) Any person or firm that solely and exclusively 2 conducts genealogical research, or otherwise traces lineage or 3 ancestry, by primarily utilizing public records and historical 4 information and databases. 5 Section 3. Subsection (6) of section 493.6105, Florida 6 Statutes, is amended to read: 7 493.6105 Initial application for license.-- 8 (6) In addition to the requirements outlined in 9 subsection (3), an applicant for a Class "G" license shall 10 satisfy minimum training criteria for firearms established by 11 rule of the department, which training criteria shall include, 12 but is not limited to, 28 24 hours of range and classroom 13 training taught and administered by a Class "K" licensee 14 firearms instructor who has been licensed by the department; 15 however, no more than 8 hours of such training shall consist 16 of range training. The department shall, effective October 1, 17 1992, increase the minimum number of hours of firearms 18 training required for Class "G" licensure by 4 hours, and 19 shall subsequently increase the training requirement by 4 20 hours every 2 years, up to a maximum requirement of 48 hours. 21 If the applicant can show proof that he is an active law 22 enforcement officer currently certified under the Criminal 23 Justice Standards and Training Commission or has completed the 24 training required for that certification within the last 12 25 months, or if the applicant submits one of the certificates 26 specified in paragraph (7)(a), the department may waive the 27 foregoing firearms training requirement referenced above. 28 Section 4. Subsections (2) and (3) of section 29 493.6108, Florida Statutes, 1996 Supplement, are amended to 30 read: 31 4 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 493.6108 Investigation of applicants by Department of 2 State.-- 3 (2) In addition to subsection (1), the department 4 shall make an investigation of the general physical fitness of 5 the Class "G" applicant to bear a weapon or firearm. 6 Determination of physical fitness shall be certified by a 7 physician currently licensed pursuant to chapter 458, or 8 chapter 459, or any similar law of another state or authorized 9 to act as a licensed physician by a federal agency or 10 department. Such certification shall be submitted on a form 11 provided by the department. 12 (3) The department shall also investigate the mental 13 history and current mental and emotional fitness of any Class 14 "G" applicant, and may shall deny a Class "G" license to 15 anyone who has a history of mental illness or drug or alcohol 16 abuse. 17 Section 5. Subsections (6) and (8) of section 18 493.6115, Florida Statutes, are amended to read: 19 493.6115 Weapons and firearms.-- 20 (6) Unless otherwise approved by the department, the 21 only firearm a Class "CC," Class "D," Class "M," or Class "MB" 22 licensee who has been issued a Class "G" license may carry is 23 a .38 or .357 caliber revolver with factory .38 caliber 24 ammunition only. In addition to any other firearm approved by 25 the department, a Class "C" or and Class "MA" licensee who has 26 been issued a Class "G" license may carry a .38 caliber 27 revolver; or a .380 caliber or 9 millimeter semiautomatic 28 pistol; or a .357 caliber revolver with .38 caliber ammunition 29 only. A Class "C" licensee who also holds a Class "D" 30 license, and who has been issued a Class "G" license, may 31 carry a 9 millimeter semiautomatic pistol while performing 5 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 security-related services. No licensee may carry more than 2 two firearms upon his person when performing his duties. A 3 licensee may only carry a firearm of the specific type and 4 caliber with which he is qualified pursuant to the firearms 5 training referenced in subsection (8) or s. 493.6113(3)(b). 6 (8) A Class "G" applicant licensee must satisfy the 7 minimum training criteria as set forth in s. 493.6105(6) and 8 as established by rule of the department, which criteria must 9 include, but need not be limited to, 28 hours of range and 10 classroom training taught and administered by a Class "K" 11 licensee; however, no more than 8 hours of such training shall 12 consist of range training. If the applicant can show proof 13 that he is an active law enforcement officer currently 14 certified under the Criminal Justice Standards and Training 15 Commission, or if the applicant submits one of the 16 certifications specified under s. 493.6105(7)(a), the 17 department may waive the foregoing firearms training 18 requirements. 19 Section 6. Paragraph (c) of subsection (1) and 20 subsection (4) of section 493.6118, Florida Statutes, are 21 amended to read: 22 493.6118 Grounds for disciplinary action.-- 23 (1) The following constitute grounds for which 24 disciplinary action specified in subsection (2) may be taken 25 by the department against any licensee, agency, or applicant 26 regulated by this chapter, or any unlicensed person engaged in 27 activities regulated under this chapter. 28 (c) Being found guilty of or entering a plea of guilty 29 or nolo contendere to, regardless of adjudication, or being 30 convicted Conviction of a crime that directly relates to the 31 business for which the license is held or sought, regardless 6 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 of whether imposition of sentence was suspended. A conviction 2 based on a plea of nolo contendere shall create creates a 3 rebuttable presumption of guilt to the underlying criminal 4 charges, and the department shall allow the individual being 5 disciplined or denied an application for a license to present 6 any mitigating evidence relevant to the reason for, and the 7 circumstances surrounding, his plea. 8 (4) Notwithstanding the provisions of paragraph (1)(c) 9 and subsection (2):, 10 (a) If the applicant or licensee has been convicted of 11 a felony in any state or of a crime against the United States 12 which is designated as a felony, or convicted of an offense in 13 any other state, territory, or country punishable by 14 imprisonment for a term exceeding 1 year, the department shall 15 deny the application or revoke the license unless and until 16 civil rights have been restored by the State of Florida or by 17 a state acceptable to Florida and a period of 10 years has 18 expired since final release from supervision. 19 (b) Additionally, A Class "G" applicant who has been 20 so convicted of a felony shall also have had the specific 21 right to possess, carry, or use a firearm restored by the 22 State of Florida. 23 (c) If the applicant or licensee has been found guilty 24 of, entered a plea of guilty to, or entered a plea of nolo 25 contendere to a felony and adjudication of guilt is withheld, 26 the department shall deny the application or revoke the 27 license until a period of 3 years has expired since final 28 release from supervision. 29 (d) A conviction based on a plea of nolo contendere 30 shall create a rebuttable presumption of guilt to the 31 underlying criminal charges, and the department shall allow 7 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 the person being disciplined or denied an application for a 2 license to present any mitigating evidence relevant to the 3 reason for, and the circumstances surrounding, his plea. The 4 department shall deny the application of any applicant who is 5 currently serving a suspended sentence on a felony charge, or 6 is on probation on a felony charge. 7 (e) The grounds for discipline or denial cited in this 8 subsection shall be applied to any disqualifying criminal 9 history regardless of the date of commission of the underlying 10 criminal charge. Such provisions provision shall be applied 11 retroactively and prospectively. 12 Section 7. Subsection (4) of section 493.6121, Florida 13 Statutes, 1996 Supplement, is amended to read: 14 493.6121 Enforcement; investigation.-- 15 (4) In the exercise of its enforcement responsibility 16 and in the conduct of any investigation authorized by this 17 chapter, the department shall have the power to subpoena and 18 bring before it any person in the state, require the 19 production of any papers it deems necessary, administer oaths, 20 and take depositions of any persons so subpoenaed. If any 21 person fails or refuses to comply with a proper subpoena 22 Failure or refusal of any person properly subpoenaed to be 23 examined or fails or refuses to answer any question about his 24 qualifications or the business methods or business practices 25 under investigation or refuses to refuse access to agency 26 records in accordance with s. 493.6119, the circuit court of 27 Leon County or of the county wherein such person resides may 28 issue an order on the application of the department requiring 29 such person to comply with the subpoena and to testify. Such 30 failure or refusal shall also be grounds for revocation, 31 suspension, or other disciplinary action. The testimony of 8 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 witnesses in any such proceeding shall be under oath before 2 the department or its agents. 3 Section 8. Subsection (8) is added to section 4 493.6201, Florida Statutes, to read: 5 493.6201 Classes of licenses.-- 6 (8) A Class "C" or Class "CC" licensee may perform 7 bodyguard services without obtaining a Class "D" license. 8 Section 9. Paragraph (a) of subsection (3) and 9 subsection (5) of section 493.6301, Florida Statutes, 1996 10 Supplement, are amended to read: 11 493.6301 Classes of licenses.-- 12 (3) Any individual who performs the services of a 13 manager for a: 14 (a) Class "B" security agency or Class "BB" branch 15 office shall have a Class "MB" license. A Class "M" licensee, 16 or a Class "D" licensee who has been so licensed for a minimum 17 of 2 years, may be designated as the manager, in which case 18 the Class "MB" license is not required. 19 (5) Any individual who performs the services of a 20 security officer shall have a Class "D" license. However, a 21 Class "C" licensee or a Class "CC" licensee may perform 22 bodyguard services without a Class "D" license. 23 Section 10. Subsection (1) of section 493.6305, 24 Florida Statutes, is amended to read: 25 493.6305 Uniforms, required wear; exceptions.-- 26 (1) Class "D" licensees shall perform duties regulated 27 under this chapter in a uniform which bears at least one patch 28 or emblem visible at all times clearly identifying the 29 employing agency. Upon resignation or termination of 30 employment, a Class "D" licensee shall immediately return to 31 9 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1591 1 the employer any uniform and any other equipment issued to him 2 by the employer. 3 Section 11. Subsection (2) of section 493.6404, 4 Florida Statutes, is amended to read: 5 493.6404 Property inventory; vehicle license 6 identification numbers.-- 7 (2) Within 5 working days after the date of a 8 repossession, the Class "E" or Class "EE" licensee shall give 9 written notification to the debtor of the whereabouts of 10 personal effects or other property inventoried pursuant to 11 this section. At least 45 days prior to disposing of such 12 personal effects or other property, the Class "E" or Class 13 "EE" licensee shall, by United States Postal Service proof of 14 mailing or certified mail, notify the debtor of the intent to 15 dispose of said property. Should the debtor, or his lawful 16 designee, appear to retrieve the personal property, prior to 17 the date on which the Class "E" or Class "EE" licensee is 18 allowed to dispose of the property, the licensee shall 19 surrender the personal property to that individual upon 20 payment of any reasonably incurred expenses for inventory and 21 storage. If personal property is not claimed within 45 days 22 of the notice of intent to dispose, the licensee may dispose 23 of the personal property at his discretion, except that 24 illegal items or contraband shall be surrendered to a law 25 enforcement agency, and the licensee shall retain a receipt or 26 other proof of surrender as part of the inventory and disposal 27 records he maintains. 28 Section 12. This act shall take effect October 1, 29 1997. 30 31 10