Senate Bill sb1162

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1162

    By Senator Futch





    18-1081-02                                          See HB 455

  1                      A bill to be entitled

  2         An act relating to private investigative,

  3         private security, and repossession services;

  4         amending the title of ch. 493, F.S.; amending

  5         s. 493.6105, F.S.; revising requirements for

  6         initial application for licensure to perform

  7         private investigative, private security, and

  8         repossession services; amending s. 493.6106,

  9         F.S.; revising license requirements with

10         respect to private investigative, private

11         security, and repossession services; amending

12         s. 493.6108, F.S.; revising provisions with

13         respect to investigation of applicants by the

14         Department of State; amending s. 493.6111,

15         F.S.; clarifying provisions relating to the

16         conduct of business by a licensee under more

17         than one name; amending s. 493.6113, F.S.;

18         revising notice requirements with respect to

19         license renewal; amending s. 493.6115, F.S.;

20         conforming a cross-reference; amending s.

21         493.6118, F.S.; increasing the administrative

22         fine which may be imposed for a violation of

23         ch. 493, F.S.; amending s. 493.6201, F.S.;

24         providing that the performance of certain

25         services is not creditable toward experience

26         requirements for specified classes of licensure

27         to perform private investigative services;

28         renaming pt. IV of ch. 493, F.S., entitled

29         "Repossession Services" as "Recovery Services";

30         amending s. 493.6401, F.S.; revising

31         provisions; revising requirements with respect

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         to specified classes of licensure; amending ss.

  2         493.6402, 493.6404, F.S.; conforming

  3         provisions; amending s. 493.6403, F.S.;

  4         revising training requirements with respect to

  5         a specified class of license; amending s.

  6         493.6405, F.S.; conforming provisions with

  7         respect to the sale of, and transfer of

  8         proceeds from the sale of, a recovered motor

  9         vehicle, mobile home, or motorboat; providing a

10         penalty; amending s. 493.6406, F.S.; conforming

11         provisions; revising provisions which require

12         recovery agent schools, training facilities,

13         and instructors to apply for departmental

14         approval and pay an application fee; including

15         correspondence schools and distance education

16         programs among entities which may be approved

17         by the department to provide recovery agent

18         instruction and training; reenacting s.

19         493.6121(3), F.S., relating to the authority of

20         the Department of State to investigate

21         noncompliance with ch. 493, F.S., and take

22         appropriate action, for the purpose of

23         incorporating the amendment to s. 493.6118,

24         F.S., in a reference thereto; reenacting s.

25         790.25(3)(o) and (p), F.S., relating to lawful

26         use, ownership, and possession of firearms,

27         other weapons, ammunition, and supplies by

28         investigators employed by public defenders or

29         the capital collateral representative, for the

30         purpose of incorporating the amendment to s.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         493.6108, F.S., in a reference thereto;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  The title of chapter 493, Florida Statutes,

  7  is amended to read:

  8                           CHAPTER 493

  9      PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND RECOVERY

10                      REPOSSESSION SERVICES

11         Section 2.  Section 493.6105, Florida Statutes, is

12  amended to read:

13         493.6105  Initial application for license.--

14         (1)  Each individual, partner, or principal officer in

15  a corporation, shall file with the department a complete

16  application accompanied by an application fee not to exceed

17  $60, except that the applicant for a Class "D" or Class "G"

18  license shall not be required to submit an application fee.

19  The application fee shall not be refundable.

20         (a)  The application submitted by any individual,

21  partner, or corporate officer shall be approved by the

22  department prior to that individual, partner, or corporate

23  officer assuming his or her duties.

24         (b)  Individuals who invest in the ownership of a

25  licensed agency, but do not participate in, direct, or control

26  the operations of the agency shall not be required to file an

27  application.

28         (2)  Each application shall be signed by the individual

29  under oath and shall be notarized.

30         (3)  The application shall contain the following

31  information concerning the individual signing same:

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (a)  Name and any aliases.

  2         (b)  Age and date of birth.

  3         (c)  Place of birth.

  4         (d)  Social security number or alien registration

  5  number, whichever is applicable.

  6         (e)  Present residence address and his or her residence

  7  addresses within the 5 years immediately preceding the

  8  submission of the application.

  9         (f)  Occupations held presently and within the 5 years

10  immediately preceding the submission of the application.

11         (g)  A statement of all convictions, a list of any

12  arrests resulting in a conviction or for which adjudication

13  was withheld, and a certified copy of the final disposition of

14  any such arrest.

15         (h)  A statement whether he or she has ever been

16  adjudicated incompetent under chapter 744.

17         (i)  A statement whether he or she has ever been

18  committed to a mental institution under chapter 394.

19         (j)  A full set of fingerprints on a card provided by

20  the department and a fingerprint fee to be established by rule

21  of the department based upon costs determined by state and

22  federal agency charges and department processing costs.  An

23  applicant who has, within the immediately preceding 6 months,

24  submitted a fingerprint card and fee for licensing purposes

25  under this chapter shall not be required to submit another

26  fingerprint card or fee.

27         (k)  A personal inquiry waiver which allows the

28  department to conduct necessary investigations to satisfy the

29  requirements of this chapter.

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (l)  One passport-type color photograph taken within

  2  the 6 months immediately preceding the submission of the

  3  application.

  4         (m)(l)  Such further facts as may be required by the

  5  department to show that the individual signing the application

  6  is of good moral character and qualified by experience and

  7  training to satisfy the requirements of this chapter.

  8         (4)  In addition to the application requirements

  9  outlined in subsection (3), the applicant for a Class "C,"

10  Class "CC," Class "E," Class "EE," or Class "G" license shall

11  submit two color photographs taken within the 6 months

12  immediately preceding the submission of the application, which

13  meet specifications prescribed by rule of the department. All

14  other applicants shall submit one photograph taken within the

15  6 months immediately preceding the submission of the

16  application.

17         (4)(5)  In addition to the application requirements

18  outlined under subsection (3), the applicant for a Class "C,"

19  Class "E," Class "M," Class "MA," Class "MB," or Class "MR"

20  license shall include a statement on a form provided by the

21  department of the experience which he or she believes will

22  qualify him or her for such license.

23         (5)(6)  In addition to the requirements outlined in

24  subsection (3), an applicant for a Class "G" license shall

25  satisfy minimum training criteria for firearms established by

26  rule of the department, which training criteria shall include,

27  but is not limited to, 28 hours of range and classroom

28  training taught and administered by a Class "K" licensee;

29  however, no more than 8 hours of such training shall consist

30  of range training. If the applicant can show proof that he or

31  she is an active law enforcement officer currently certified

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  under the Criminal Justice Standards and Training Commission

  2  or has completed the training required for that certification

  3  within the last 12 months, or if the applicant submits one of

  4  the certificates specified in paragraph (7)(a), the department

  5  may waive the foregoing firearms training requirement. An

  6  applicant for a Class "G" or a Class "K" license who is not a

  7  citizen of the United States must submit documentation issued

  8  by the United States Immigration and Naturalization Service

  9  proving that he or she is a permanent legal resident alien who

10  has resided in the state for at least 90 consecutive days

11  prior to the date on which the application is submitted.

12         (6)(7)  In addition to the requirements under

13  subsection (3), an applicant for a Class "K" license shall:

14         (a)  Submit one of the following certificates:

15         1.  The Florida Criminal Justice Standards and Training

16  Commission Firearms Instructor's Certificate and confirmation

17  by the commission that the applicant is authorized to provide

18  firearms instruction.

19         2.  The National Rifle Association Police Firearms

20  Instructor's Certificate.

21         3.  The National Rifle Association Security Firearms

22  Instructor's Certificate.

23         4.  A Firearms Instructor's Certificate from a federal

24  law enforcement agency or any branch of the Armed Forces of

25  the United States, state, county, or municipal police academy

26  in this state recognized as such by the Criminal Justice

27  Standards and Training Commission or by the Department of

28  Education.

29         (b)  Pay the fee for and pass an examination

30  administered by the department which shall be based upon, but

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  is not necessarily limited to, a firearms instruction manual

  2  provided by the department.

  3         (7)(8)  In addition to the application requirements for

  4  individuals, partners, or officers outlined under subsection

  5  (3), the application for an agency license shall contain the

  6  following information:

  7         (a)  The proposed name under which the agency intends

  8  to operate.

  9         (b)  The street address, mailing address, and telephone

10  numbers of the principal location at which business is to be

11  conducted in this state.

12         (c)  The street address, mailing address, and telephone

13  numbers of all branch offices within this state.

14         (d)  The names and titles of all partners or, in the

15  case of a corporation, the names and titles of its principal

16  officers.

17         (8)(9)  Upon submission of a complete application, a

18  Class "CC," Class "C," Class "D," Class "EE," Class "E," Class

19  "M," Class "MA," Class "MB," or Class "MR" applicant may

20  commence employment or appropriate duties for a licensed

21  agency or branch office. However, the Class "C" or Class "E"

22  applicant must work under the direction and control of a

23  sponsoring licensee while his or her application is being

24  processed.  If the department denies application for

25  licensure, the employment of the applicant must be terminated

26  immediately, unless he or she performs only unregulated

27  duties.

28         Section 3.  Paragraph (f) of subsection (1) and

29  subsection (2) of section 493.6106, Florida Statutes, are

30  amended, and a new paragraph (g) is added to subsection (1) of

31  that section, to read:

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         493.6106  License requirements; posting.--

  2         (1)  Each individual licensed by the department must:

  3         (f)  Be a citizen or permanent legal resident alien of

  4  the United States or, except for Class "G" and Class "K"

  5  licensees, have proof of current employment have been granted

  6  authorization issued to seek employment in this country by the

  7  United States Immigration and Naturalization Service.

  8         (g)  Not be prohibited from purchasing or possessing a

  9  firearm by any other provision of Florida or federal law.

10         (2)  Each agency shall have a minimum of one physical

11  location within this state from which the normal business of

12  the agency is conducted, and this location shall be considered

13  the primary office for that agency in this state.

14         (a)  If an agency, school, correspondence school,

15  distance education program, or training facility desires to

16  change the physical location of the business, as it appears on

17  its the agency license, the department must be notified within

18  10 days of the change, and, except upon renewal, the fee

19  prescribed in s. 493.6107 must be submitted for each license

20  requiring revision. Each license requiring revision must be

21  returned with such notification.

22         (b)  The Class "A," Class "B," or Class "R" license and

23  any branch office, or school, correspondence school, distance

24  education program, or training facility license shall at all

25  times be posted in a conspicuous place at the licensed

26  physical location in this state where the business is

27  conducted.

28         (c)  Each Class "A," Class "B," Class "R," branch

29  office, or school, correspondence school, distance education

30  program, or training facility licensee shall display, in a

31  place that is in clear and unobstructed public view, a notice

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  on a form prescribed by the department stating that the

  2  business operating at this location is licensed and regulated

  3  by the Department of State and that any questions or

  4  complaints should be directed to the department.

  5         (d)  A minimum of one properly licensed manager shall

  6  be designated for each agency and branch office location.

  7         Section 4.  Subsection (1) of section 493.6108, Florida

  8  Statutes, is amended to read:

  9         493.6108  Investigation of applicants by Department of

10  State.--

11         (1)  Except as otherwise provided, prior to the

12  issuance of a license under this chapter, the department shall

13  make an investigation of the applicant for a license.  The

14  investigation shall include:

15         (a)1.  An examination of fingerprint records and police

16  records. When a criminal history analysis of any applicant

17  under this chapter is performed by means of fingerprint card

18  identification, the time limitations prescribed by s.

19  120.60(1) shall be tolled during the time the applicant's

20  fingerprint card is under review by the Department of Law

21  Enforcement or the United States Department of Justice,

22  Federal Bureau of Investigation.

23         2.  If a legible set of fingerprints, as determined by

24  the Department of Law Enforcement or the Federal Bureau of

25  Investigation, cannot be obtained after two attempts, the

26  Department of State may determine the applicant's eligibility

27  based upon a criminal history record check under the

28  applicant's name conducted by the Department of Law

29  Enforcement if the and the Federal Bureau of Investigation. A

30  set of fingerprints were taken by a law enforcement agency and

31  the applicant submits a written statement signed by the

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  fingerprint technician or a licensed physician stating that

  2  there is a physical condition that precludes obtaining a

  3  legible set of fingerprints or that the fingerprints taken are

  4  the best that can be obtained is sufficient to meet this

  5  requirement.

  6         (b)  An inquiry to determine if the applicant has been

  7  adjudicated incompetent under chapter 744 or has been

  8  committed to a mental institution under chapter 394.

  9         (c)  Such other investigation of the individual as the

10  department may deem necessary.

11         Section 5.  Subsection (4) of section 493.6111, Florida

12  Statutes, is amended to read:

13         493.6111  License; contents; identification card.--

14         (4)  Notwithstanding the existence of a valid Florida

15  corporate registration, no agency licensee may conduct

16  activities regulated under this chapter under any fictitious

17  name without prior written authorization from the department

18  to use that name in the conduct of activities regulated under

19  this chapter.  The department may not authorize the use of a

20  name which is so similar to that of a public officer or

21  agency, or of that used by another licensee, that the public

22  may be confused or misled thereby.  The authorization for the

23  use of a fictitious name shall require, as a condition

24  precedent to the use of such name, the filing of a certificate

25  of engaging in business under a fictitious name under s.

26  865.09.  No licensee shall be permitted to conduct business

27  under more than one fictitious name except as separately

28  licensed nor shall the license be valid to protect any

29  licensee who is engaged in the business under any name other

30  than that specified in the license. An agency desiring to

31  change its licensed name shall notify the department and,

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  except upon renewal, pay a fee not to exceed $30 for each

  2  license requiring revision including those of all licensed

  3  employees except Class "D" or Class "G" licensees.  Upon the

  4  return of such licenses to the department, revised licenses

  5  shall be provided.

  6         Section 6.  Subsection (2) of section 493.6113, Florida

  7  Statutes, is amended to read:

  8         493.6113  Renewal application for licensure.--

  9         (2)  No less than 90 days prior to the expiration date

10  of the license, the department shall mail a written notice to

11  the last known mailing residence address for individual

12  licensees and to the last known agency address for agencies.

13         Section 7.  Subsection (8) of section 493.6115, Florida

14  Statutes, is amended to read:

15         493.6115  Weapons and firearms.--

16         (8)  A Class "G" applicant must satisfy the minimum

17  training criteria as set forth in s. 493.6105(5)(6) and as

18  established by rule of the department.

19         Section 8.  Subsection (2) of section 493.6118, Florida

20  Statutes, is amended to read:

21         493.6118  Grounds for disciplinary action.--

22         (1)  The following constitute grounds for which

23  disciplinary action specified in subsection (2) may be taken

24  by the department against any licensee, agency, or applicant

25  regulated by this chapter, or any unlicensed person engaged in

26  activities regulated under this chapter.

27         (a)  Fraud or willful misrepresentation in applying for

28  or obtaining a license.

29         (b)  Use of any fictitious or assumed name by an agency

30  unless the agency has department approval and qualifies under

31  s. 865.09.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (c)  Being found guilty of or entering a plea of guilty

  2  or nolo contendere to, regardless of adjudication, or being

  3  convicted of a crime that directly relates to the business for

  4  which the license is held or sought.  A plea of nolo

  5  contendere shall create a rebuttable presumption of guilt to

  6  the underlying criminal charges, and the department shall

  7  allow the individual being disciplined or denied an

  8  application for a license to present any mitigating

  9  circumstances surrounding his or her plea.

10         (d)  A false statement by the licensee that any

11  individual is or has been in his or her employ.

12         (e)  A finding that the licensee or any employee is

13  guilty of willful betrayal of a professional secret or any

14  unauthorized release of information acquired as a result of

15  activities regulated under this chapter.

16         (f)  Proof that the applicant or licensee is guilty of

17  fraud or deceit, or of negligence, incompetency, or

18  misconduct, in the practice of the activities regulated under

19  this chapter.

20         (g)  Conducting activities regulated under this chapter

21  without a license or with a revoked or suspended license.

22         (h)  Failure of the licensee to maintain in full force

23  and effect the general liability insurance coverage required

24  by s. 493.6110.

25         (i)  Impersonating, or permitting or aiding and

26  abetting an employee to impersonate, a law enforcement officer

27  or an employee of the state, the United States, or any

28  political subdivision thereof by identifying himself or

29  herself as a federal, state, county, or municipal law

30  enforcement officer or official representative, by wearing a

31  uniform or presenting or displaying a badge or credentials

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  that would cause a reasonable person to believe that he or she

  2  is a law enforcement officer or that he or she has official

  3  authority, by displaying any flashing or warning vehicular

  4  lights other than amber colored, or by committing any act that

  5  is intended to falsely convey official status.

  6         (j)  Commission of an act of violence or the use of

  7  force on any person except in the lawful protection of one's

  8  self or another from physical harm.

  9         (k)  Knowingly violating, advising, encouraging, or

10  assisting the violation of any statute, court order, capias,

11  warrant, injunction, or cease and desist order, in the course

12  of business regulated under this chapter.

13         (l)  Soliciting business for an attorney in return for

14  compensation.

15         (m)  Transferring or attempting to transfer a license

16  issued pursuant to this chapter.

17         (n)  Employing or contracting with any unlicensed or

18  improperly licensed person or agency to conduct activities

19  regulated under this chapter, or performing any act that

20  assists, aids, or abets a person or business entity in

21  engaging in unlicensed activity, when the licensure status was

22  known or could have been ascertained by reasonable inquiry.

23         (o)  Failure or refusal to cooperate with or refusal of

24  access to an authorized representative of the department

25  engaged in an official investigation pursuant to this chapter.

26         (p)  Failure of any partner, principal corporate

27  officer, or licensee to have his or her identification card in

28  his or her possession while on duty.

29         (q)  Failure of any licensee to have his or her license

30  in his or her possession while on duty, as specified in s.

31  493.6111(1).

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (r)  Failure or refusal by a sponsor to certify a

  2  biannual written report on an intern or to certify completion

  3  or termination of an internship to the department within 15

  4  working days.

  5         (s)  Failure to report to the department any person

  6  whom the licensee knows to be in violation of this chapter or

  7  the rules of the department.

  8         (t)  Violating any provision of this chapter.

  9         (u)  In addition to the grounds for disciplinary action

10  prescribed in paragraphs (a)-(t), Class "R" recovery agencies,

11  Class "E" recovery agents, and Class "EE" recovery agent

12  interns are prohibited from committing the following acts:

13         1.  Recovering a motor vehicle, mobile home, or

14  motorboat that has been sold under a conditional sales

15  agreement or under the terms of a chattel mortgage before

16  authorization has been received from the legal owner or

17  mortgagee.

18         2.  Charging for expenses not actually incurred in

19  connection with the recovery, transportation, storage, or

20  disposal of a motor vehicle, mobile home, motorboat, or

21  personal property.

22         3.  Using any motor vehicle, mobile home, or motorboat

23  that has been repossessed, or using personal property obtained

24  in a repossession, for the personal benefit of a licensee or

25  an officer, director, partner, manager, or employee of a

26  licensee.

27         4.  Selling a motor vehicle, mobile home, or motorboat

28  recovered under the provisions of this chapter, except with

29  written authorization from the legal owner or the mortgagee

30  thereof.

31

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         5.  Failing to notify the police or sheriff's

  2  department of the jurisdiction in which the repossessed

  3  property is recovered within 2 hours after recovery.

  4         6.  Failing to remit moneys, collected in lieu of

  5  recovery of a motor vehicle, mobile home, or motorboat, to the

  6  client within 10 working days.

  7         7.  Failing to deliver to the client a negotiable

  8  instrument that is payable to the client, within 10 working

  9  days after receipt of such instrument.

10         8.  Falsifying, altering, or failing to maintain any

11  required inventory or records regarding disposal of personal

12  property contained in or on a recovered motor vehicle, mobile

13  home, or motorboat pursuant to s. 493.6404(1).

14         9.  Carrying any weapon or firearm when he or she is on

15  private property and performing duties under his or her

16  license whether or not he or she is licensed pursuant to s.

17  790.06.

18         10.  Soliciting from the legal owner the recovery of

19  property subject to repossession after such property has been

20  seen or located on public or private property if the amount

21  charged or requested for such recovery is more than the amount

22  normally charged for such a recovery.

23         11.  Wearing, presenting, or displaying a badge in the

24  course of repossessing a motor vehicle, mobile home, or

25  motorboat.

26         (2)  When the department finds any violation of

27  subsection (1), it may do one or more of the following:

28         (a)  Deny an application for the issuance or renewal of

29  a license.

30         (b)  Issue a reprimand.

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (c)  Impose an administrative fine not to exceed $5,000

  2  $1,000 for every count or separate offense.

  3         (d)  Place the licensee on probation for a period of

  4  time and subject to such conditions as the department may

  5  specify.

  6         (e)  Suspend or revoke a license.

  7         Section 9.  Subsection (8) of section 493.6201, Florida

  8  Statutes, is amended to read:

  9         493.6201  Classes of licenses.--

10         (8)  A Class "C" or Class "CC" licensee may perform

11  bodyguard services without obtaining a Class "D" license;

12  however, such activity is not creditable toward the 2-year

13  experience requirement under s. 493.6203(2) or (4).

14         Section 10.  The title of part IV of chapter 493,

15  Florida Statutes, is amended to read:

16                             PART IV

17                  RECOVERY REPOSSESSION SERVICES

18         Section 11.  Subsections (5), (7), and (8) of section

19  493.6401, Florida Statutes, are amended to read:

20         493.6401  Classes of licenses.--

21         (5)  Any individual who performs recovery repossession

22  as an intern under the direction and control of a designated,

23  sponsoring Class "E" licensee or a designated, sponsoring

24  Class "MR" licensee shall have a Class "EE" license.

25         (7)  Any person who operates a recovery repossessor

26  school or training facility that provides the training

27  required under s. 493.6403(2), whether by classroom

28  instruction, correspondence course, or distance education

29  program, shall have a Class "RS" license. Any person who

30  reapplies for a Class "E" or Class "EE" license after his or

31  her application was denied is not required to retake the

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  training required under s. 493.6403(2) if the previous

  2  training was received on or after October 1, 1994, and the

  3  reason for denial was not related to insufficient training.

  4  Any person who reapplies for a Class "E" or Class "EE" license

  5  after his or her license has been expired for more than 90

  6  days is not required to retake the training required under s.

  7  493.6403(2) if the previous training was received on or after

  8  October 1, 1994. Any person whose Class "E" or Class "EE"

  9  license has been revoked must retake the training required

10  under s. 493.6403(2).

11         (8)  Any individual who teaches or instructs at a Class

12  "RS" recovery agent repossessor school, correspondence school,

13  distance education program, or training facility shall have a

14  Class "RI" license.

15         Section 12.  Paragraphs (f) and (g) of subsection (1)

16  of section 493.6402, Florida Statutes, are amended to read:

17         493.6402  Fees.--

18         (1)  The department shall establish by rule biennial

19  license fees which shall not exceed the following:

20         (f)  Class "RS" license--recovery agent repossessor

21  school or training facility:  $60.

22         (g)  Class "RI" license--recovery agent repossessor

23  school or training facility instructor: $60.

24         Section 13.  Paragraphs (b) and (c) of subsection (1)

25  and subsection (2) of section 493.6403, Florida Statutes, are

26  amended to read:

27         493.6403  License requirements.--

28         (1)  In addition to the license requirements set forth

29  in this chapter, each individual or agency shall comply with

30  the following additional requirements:

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (b)  An applicant for Class "MR" license shall have at

  2  least 1 year of lawfully gained, verifiable, full-time

  3  experience as a Class "E" licensee performing recoveries

  4  repossessions of motor vehicles, mobile homes, or motorboats.

  5         (c)  An applicant for a Class "E" license shall have at

  6  least 1 year of lawfully gained, verifiable, full-time

  7  experience in one, or a combination of more than one, of the

  8  following:

  9         1.  Recovery Repossession of motor vehicles as defined

10  in s. 320.01(1), mobile homes as defined in s. 320.01(2), or

11  motorboats as defined in s. 327.02.

12         2.  Work as a Class "EE" licensed intern.

13         (2)  Beginning October 1, 1994, An applicant for a

14  Class "E" or a Class "EE" license must have completed a

15  minimum of 40 hours of professional training from at a school

16  or training facility licensed by the department. Such training

17  may be conducted by classroom instruction, correspondence

18  course, or distance learning program. The department shall by

19  rule establish the general content for the training.

20         Section 14.  Subsections (2) and (3) of section

21  493.6404, Florida Statutes, are amended to read:

22         493.6404  Property inventory; vehicle license

23  identification numbers.--

24         (2)  Within 5 working days after the date of a recovery

25  repossession, the Class "E" or Class "EE" licensee shall give

26  written notification to the debtor of the whereabouts of

27  personal effects or other property inventoried pursuant to

28  this section.  At least 45 days prior to disposing of such

29  personal effects or other property, the Class "E" or Class

30  "EE" licensee shall, by United States Postal Service proof of

31  mailing or certified mail, notify the debtor of the intent to

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1  dispose of said property.  Should the debtor, or her or his

  2  lawful designee, appear to retrieve the personal property,

  3  prior to the date on which the Class "E" or Class "EE"

  4  licensee is allowed to dispose of the property, the licensee

  5  shall surrender the personal property to that individual upon

  6  payment of any reasonably incurred expenses for inventory and

  7  storage.  If personal property is not claimed within 45 days

  8  of the notice of intent to dispose, the licensee may dispose

  9  of the personal property at her or his discretion, except that

10  illegal items or contraband shall be surrendered to a law

11  enforcement agency, and the licensee shall retain a receipt or

12  other proof of surrender as part of the inventory and disposal

13  records she or he maintains.

14         (3)  Vehicles used for the purpose of recovery

15  repossession by a Class "E" or Class "EE" licensee must be

16  identified during repossession by the license number of the

17  Class "R" agency only, local ordinances to the contrary

18  notwithstanding. These vehicles are not "wreckers" as defined

19  in s. 713.78. The license number must be displayed on both

20  sides of the vehicle and must appear in lettering no less than

21  4 inches tall and in a color contrasting from that of the

22  background.

23         Section 15.  Section 493.6405, Florida Statutes, is

24  amended to read:

25         493.6405  Sale of motor vehicle, mobile home, or

26  motorboat by a licensee; penalty.--

27         (1)  A Class "E" or Class "EE" licensee shall obtain,

28  prior to sale, written authorization and a negotiable title

29  from the owner or lienholder to sell any recovered repossessed

30  motor vehicle, mobile home, or motorboat.

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (2)  A Class "E" or Class "EE" licensee shall send the

  2  net proceeds from the sale of such recovered repossessed motor

  3  vehicle, mobile home, or motorboat to the owner or lienholder,

  4  within 20 working days after the licensee executes the

  5  documents which permit the transfer of legal ownership to the

  6  purchaser.

  7         (3)  A person who violates a provision of this section

  8  commits a felony of the third degree, punishable as provided

  9  in s. 775.082, s. 775.083, or s. 775.084.

10         Section 16.  Section 493.6406, Florida Statutes, is

11  amended to read:

12         493.6406  Recovery agent Repossession services school

13  or training facility.--

14         (1)  Any school, training facility, or instructor who

15  offers the training outlined in s. 493.6403(2) for Class "E"

16  or Class "EE" applicants shall, before licensure of such

17  school, training facility, or instructor, file with the

18  department an application accompanied by an application fee in

19  an amount to be determined by rule, not to exceed $60.  The

20  fee shall not be refundable.

21         (2)  The application shall be signed and notarized and

22  shall contain, at a minimum, the following information:

23         (a)  The name and address of the school or training

24  facility and, if the applicant is an individual, his or her

25  name, address, and social security or alien registration

26  number.

27         (b)  The street address of the place at which the

28  training is to be conducted.

29         (c)  A copy of the training curriculum and final

30  examination to be administered.

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (3)  The department shall adopt rules establishing the

  2  criteria for approval of schools, training facilities,

  3  correspondence schools, distance education programs, and

  4  instructors.

  5         Section 17.  For the purpose of incorporating the

  6  amendment to section 493.6118, Florida Statutes, in references

  7  thereto, subsection (3) of section 493.6121, Florida Statutes,

  8  is reenacted to read:

  9         493.6121  Enforcement; investigation.--

10         (3)  The department shall have the authority to

11  investigate any licensed or unlicensed person, firm, company,

12  partnership, or corporation when such person, firm, company,

13  partnership, or corporation is advertising as providing or is

14  engaged in performing services which require licensure under

15  this chapter or when a licensee is engaged in activities which

16  do not comply with or are prohibited by this chapter; and the

17  department shall have the authority to issue an order to cease

18  and desist the further conduct of such activities, or seek an

19  injunction, or take other appropriate action pursuant to s.

20  493.6118(2)(a) or (c).

21         Section 18.  For the purpose of incorporating the

22  amendment to section 493.6108, Florida Statutes, in references

23  thereto, paragraphs (o) and (p) of subsection (3) of section

24  790.25, Florida Statutes, are reenacted to read:

25         790.25  Lawful ownership, possession, and use of

26  firearms and other weapons.--

27         (3)  LAWFUL USES.--The provisions of ss. 790.053 and

28  790.06 do not apply in the following instances, and, despite

29  such sections, it is lawful for the following persons to own,

30  possess, and lawfully use firearms and other weapons,

31  ammunition, and supplies for lawful purposes:

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1         (o)  Investigators employed by the several public

  2  defenders of the state, while actually carrying out official

  3  duties, provided such investigators:

  4         1.  Are employed full time;

  5         2.  Meet the official training standards for firearms

  6  established by the Criminal Justice Standards and Training

  7  Commission as provided in s. 943.12(5) and the requirements of

  8  ss. 493.6108(1)(a) and 943.13(1)-(4); and

  9         3.  Are individually designated by an affidavit of

10  consent signed by the employing public defender and filed with

11  the clerk of the circuit court in the county in which the

12  employing public defender resides.

13         (p)  Investigators employed by the capital collateral

14  representative, while actually carrying out official duties,

15  provided such investigators:

16         1.  Are employed full time;

17         2.  Meet the official training standards for firearms

18  as established by the Criminal Justice Standards and Training

19  Commission as provided in s. 943.12(1) and the requirements of

20  ss. 493.6108(1)(a) and 943.13(1)-(4); and

21         3.  Are individually designated by an affidavit of

22  consent signed by the capital collateral representative and

23  filed with the clerk of the circuit court in the county in

24  which the investigator is headquartered.

25         Section 19.  This act shall take effect upon becoming a

26  law.

27

28

29

30

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1162
    18-1081-02                                          See HB 455




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises general provisions relating to private
  4    investigative, private security, and repossession
      services. Revises requirements for initial application
  5    for licensure to perform such services, license
      requirements, and provisions with respect to
  6    investigation of applicants by the Department of State.
      Clarifies provisions relating to the conduct of business
  7    by a licensee under more than one name. Revises notice
      requirements with respect to license renewal. Increases
  8    the administrative fine which may be imposed for a
      violation of ch. 493, F.S.
  9

10    With respect to private investigative services, provides
      that the performance of certain services is not
11    creditable toward experience requirements for specified
      classes of licensure to perform private investigative
12    services.

13
      Renames pt. IV of ch. 493, F.S., entitled "Repossession
14    Services" as "Recovery Services." Revises terminology.
      Revises requirements with respect to specified classes of
15    licensure. Revises training requirements with respect to
      a specified class of license. Conforms terminology with
16    respect to the sale of, and transfer of proceeds from the
      sale of, a recovered motor vehicle, mobile home, or
17    motorboat. Provides a penalty. Revises provisions which
      require recovery agent schools, training facilities, and
18    instructors to apply for departmental approval and pay an
      application fee. Includes correspondence schools and
19    distance education programs among entities which may be
      approved by the department to provide recovery agent
20    instruction and training.

21

22

23

24

25

26

27

28

29

30

31

                                  23

CODING: Words stricken are deletions; words underlined are additions.