Senate Bill sb2822c2

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    Florida Senate - 2004                    CS for CS for SB 2822

    By the Committees on Appropriations; Agriculture; and Senator
    Argenziano




    309-2525-04

  1                      A bill to be entitled

  2         An act relating to private investigative,

  3         private security, and repossession services;

  4         amending s. 493.6106, F.S.; increasing the

  5         minimum age required for certain licensees;

  6         amending s. 493.6110, F.S.; revising agency

  7         insurance requirements and limiting such

  8         requirements to security agencies; amending s.

  9         493.6113, F.S., relating to licensure renewal;

10         conforming a provision requiring certification

11         of insurance coverage; requiring certain

12         licensees to complete specified continuing

13         education that includes terrorism awareness;

14         requiring the Department of Agriculture and

15         Consumer Services to establish by rule criteria

16         for the approval of continuing education

17         courses and providers and the form for

18         certificates of completion; amending s.

19         493.6118, F.S.; conforming a ground for

20         disciplinary action relating to failure to

21         maintain required insurance coverage, for which

22         there are penalties; amending s. 493.6202,

23         F.S.; providing examination fees for private

24         investigators and private investigator interns;

25         amending s. 493.6203, F.S.; requiring passage

26         of an examination for licensure as a private

27         investigator; providing exemption for certain

28         licensees; requiring reexamination for

29         relicensure under certain circumstances;

30         requiring successful completion of certain

31         coursework and passage of an examination for

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    Florida Senate - 2004                    CS for CS for SB 2822
    309-2525-04




 1         licensure as a private investigator intern;

 2         requiring the department to establish by rule

 3         the general content and the form for

 4         certificates of completion of such training and

 5         criteria for the examination; requiring

 6         reexamination for relicensure under certain

 7         circumstances; providing an effective date.

 8  

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

10  

11         Section 1.  Paragraph (a) of subsection (1) of section

12  493.6106, Florida Statutes, is amended to read:

13         493.6106  License requirements; posting.--

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

15         (a)  Be at least 18 years of age, except that each

16  individual licensed by the department in Class "C," Class

17  "MA," or Class "M" must be at least 21 years of age.

18         Section 2.  Section 493.6110, Florida Statutes, is

19  amended to read:

20         493.6110  Licensee's insurance.--A Class "B" No agency

21  license may not shall be issued unless the applicant first

22  files with the department a certification of insurance

23  evidencing commercial general liability coverage as delineated

24  below. The coverage shall provide the department as an

25  additional insured for the purpose of receiving all notices of

26  modification or cancellation of such insurance. Coverage shall

27  be written by an insurance company which is lawfully engaged

28  to provide insurance coverage in Florida. Coverage shall

29  provide for a combined single-limit policy in the amount of at

30  least $300,000, which policy shall include comprehensive

31  general liability coverage for death, bodily injury, property

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    Florida Senate - 2004                    CS for CS for SB 2822
    309-2525-04




 1  damage, and personal injury coverage including false arrest,

 2  detention or imprisonment, malicious prosecution, libel,

 3  slander, defamation of character, and violation of the right

 4  of privacy. Coverage shall insure for the liability of all

 5  employees licensed by the department while acting in the

 6  course of their employment.

 7         (1)  The licensed agency shall notify the department of

 8  any claim against such insurance.

 9         (2)  The licensed agency shall notify the department

10  immediately upon cancellation of the insurance policy, whether

11  such cancellation was initiated by the insurance company or

12  the insured agency.

13         (3)  The agency license shall be automatically

14  suspended upon the date of cancellation unless evidence of

15  insurance is provided to the department prior to the effective

16  date of cancellation.

17         Section 3.  Subsection (3) of section 493.6113, Florida

18  Statutes, is amended to read:

19         493.6113  Renewal application for licensure.--

20         (3)  Each licensee shall be responsible for renewing

21  his or her license on or before its expiration by filing with

22  the department an application for renewal accompanied by

23  payment of the prescribed license fee.

24         (a)  Each Class "A," Class "B," or Class "R" licensee

25  shall additionally submit on a form prescribed by the

26  department a certification of insurance which evidences that

27  the licensee maintains adequate commercial general liability

28  coverage as required under s. 493.6110.

29         (b)  Each Class "G" licensee shall additionally submit

30  proof that he or she has received during each year of the

31  license period a minimum of 4 hours of firearms

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    Florida Senate - 2004                    CS for CS for SB 2822
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 1  recertification training taught by a Class "K" licensee and

 2  has complied with such other health and training requirements

 3  which the department may adopt by rule. If proof of a minimum

 4  of 4 hours of annual firearms recertification training cannot

 5  be provided, the renewal applicant shall complete the minimum

 6  number of hours of range and classroom training required at

 7  the time of initial licensure.

 8         (c)  Each Class "DS" or Class "RS" licensee shall

 9  additionally submit the current curriculum, examination, and

10  list of instructors.

11         (d)  Beginning September 1, 2005, each Class "C," Class

12  "CC," Class "M," Class "MA," Class "K," Class "E," Class "EE,"

13  Class "MR," and Class "RI" licensee must provide proof, in a

14  form established by rule of the department, that the licensee

15  has completed not less than 4 hours of continuing education in

16  the law and rules regulating the profession, including

17  criminal law, court decisions, and legal opinions that affect

18  the profession, and 2 hours of continuing education in

19  terrorism awareness, presented by approved providers, during

20  the biennium since issuance or last renewal of the license.

21         (e)  The department shall by rule establish criteria

22  for the approval of courses and providers, including

23  requirements relating to course contents and provider

24  expertise. The department shall competitively solicit for the

25  services to develop and conduct specific areas of instruction

26  for continuing education classes.

27         (f)  Approved continuing education training shall be

28  conducted at various locations within or outside the state at

29  times convenient for licensees, including weekends. Approved

30  providers must verify the identity and license number of each

31  licensee receiving the training by presentation of the

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    Florida Senate - 2004                    CS for CS for SB 2822
    309-2525-04




 1  personal license and shall issue a certificate of completion

 2  to each licensee who successfully completes the approved

 3  courses. The certificate shall be on a form established by

 4  rule of the department and must be submitted with the

 5  application for renewal of licensure.

 6         Section 4.  Paragraph (h) of subsection (1) of section

 7  493.6118, Florida Statutes, is amended to read:

 8         493.6118  Grounds for disciplinary action.--

 9         (1)  The following constitute grounds for which

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

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

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

13  activities regulated under this chapter.

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

15  and effect commercial the general liability insurance coverage

16  required by s. 493.6110.

17         Section 5.  Paragraphs (f), (g), and (h) are added to

18  subsection (1) of section 493.6202, Florida Statutes, to read:

19         493.6202  Fees.--

20         (1)  The department shall establish by rule examination

21  and biennial license fees, which shall not exceed the

22  following:

23         (f)  Fee for the examination for private investigator:

24  $100.

25         (g)  Fee for the examination for private investigator

26  intern: $100.

27         (h)  Fee for provider approval: $200.

28         Section 6.  Section 493.6203, Florida Statutes, is

29  amended to read:

30         493.6203  License requirements.--In addition to the

31  license requirements set forth elsewhere in this chapter, each

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    Florida Senate - 2004                    CS for CS for SB 2822
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 1  individual or agency shall comply with the following

 2  additional requirements:

 3         (1)  Each agency or branch office shall designate a

 4  minimum of one appropriately licensed individual to act as

 5  manager, directing the activities of the Class "C" or Class

 6  "CC" employees.

 7         (2)  An applicant for a Class "MA" license shall have

 8  at least 2 years of lawfully gained, verifiable, full-time

 9  experience, or training in:

10         (a)  Private investigative work or related fields of

11  work that provided equivalent experience or training;

12         (b)  Work as a Class "CC" licensed intern;

13         (c)  Any combination of paragraphs (a) and (b);

14         (d)  Experience described in paragraph (a) for at least

15  1 year and experience described as follows in paragraph (e)

16  for 1 year;

17         (e)  no more than 1 year using:

18         1.  College coursework related to criminal justice,

19  criminology, or law enforcement administration; or

20         2.  Successfully completed law enforcement-related

21  training received from any federal, state, county, or

22  municipal agency; or

23         (e)(f)  Experience described in paragraph (a) for at

24  least 1 year and work in a managerial or supervisory capacity

25  for at least 1 year.

26         (3)  An applicant for a Class "M" license shall qualify

27  for licensure as a Class "MA" manager as outlined under

28  subsection (2) and as a Class "MB" manager as outlined under

29  s. 493.6303(2).

30         (4)  An applicant for a Class "C" license shall have 2

31  years of lawfully gained, verifiable, full-time experience, or

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    Florida Senate - 2004                    CS for CS for SB 2822
    309-2525-04




 1  training in one, or a combination of more than one, of the

 2  following:

 3         (a)  Private investigative work or related fields of

 4  work that provided equivalent experience or training.

 5         (b)  College coursework related to criminal justice,

 6  criminology, or law enforcement administration, or successful

 7  completion of any law enforcement-related training received

 8  from any federal, state, county, or municipal agency, except

 9  that no more than 1 year may be used from this category.

10         (c)  Work as a Class "CC" licensed intern.

11         (5)(a)  Beginning March 1, 2005, an applicant for a

12  Class "C" license who meets the experience criteria in

13  paragraphs(4)(a) and (b) must also pass an examination on the

14  provisions of this chapter, which shall be administered by the

15  department or an examination provider approved by the

16  department. The applicant is not required to pass the

17  examination prior to submission of the application but must do

18  so prior to issuance of the license. The administrator of the

19  examination must verify the identity of each applicant taking

20  the examination.

21         (b)  The examination requirements of paragraph (a) do

22  not apply to any individual who holds a valid Class "CC,"

23  Class "C," Class "MA," or Class "M" license issued on or

24  before July 1, 2004.

25         (c)  Notwithstanding the exemption in paragraph (b),

26  any individual whose license has been invalid for any reason

27  for more than 1 year must successfully pass the examination,

28  even if previously taken, prior to issuance of the Class "C"

29  license being applied for under this subsection.

30         (6)(a)  Beginning September 1, 2005, an applicant for a

31  Class "CC" license must have completed within the preceding 12

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    Florida Senate - 2004                    CS for CS for SB 2822
    309-2525-04




 1  months a minimum 40-hour course from a school, college, or

 2  university regulated by the Department of Education which

 3  relates to general investigative techniques and the provisions

 4  of this chapter and must also pass an examination, which shall

 5  be administered by the Department of Agriculture and Consumer

 6  Services or an examination provider approved by such

 7  department. The training required by this subsection may be

 8  provided on-line, by live presentation, or by home study in

 9  accordance with rules and procedures of the Department of

10  Education. The administrator of the examination must verify

11  the identity of each applicant taking the examination.

12         (b)  Upon successful completion of the approved course,

13  the school, college, or university shall issue a certificate

14  of completion to the applicant. The certificate shall be on a

15  form established by rule of the department and must be

16  submitted with the application for the Class "CC" license.

17         (c)  The department shall by rule establish the general

18  content of the training and criteria for the examination

19  required by this subsection.

20         (d)  Any individual whose Class "CC" license has been

21  invalid for any reason for more than 1 year must complete the

22  training and examination, even if previously taken, prior to

23  issuance of the Class "CC" license being applied for under

24  this subsection.

25         (7)(5)  A Class "CC" licensee shall serve an internship

26  under the direction and control of a designated sponsor, who

27  is a Class "C," Class "MA," or Class "M" licensee.

28         (8)(6)  In addition to any other requirement, an

29  applicant for a Class "G" license shall satisfy the firearms

30  training set forth in s. 493.6115.

31         Section 7.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                    CS for CS for SB 2822
    309-2525-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 2822

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 4  The committee substitute:

 5  (1) Revises implementation dates to allow more time for
    licensees to complete continuing education courses.
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    (2) Provides for the establishment of a continuing education
 7  provider approval fee not to exceed $200.

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