HB 1327

1
A bill to be entitled
2An act relating to private investigative, private
3security, and repossession services; amending s. 493.6106,
4F.S.; increasing the minimum age required for certain
5licensees; amending s. 493.6110, F.S.; revising agency
6insurance requirements and limiting such requirements to
7security agencies; amending s. 493.6113, F.S.; conforming
8a provision requiring certification of insurance coverage;
9requiring certain licensees to complete specified
10continuing education; requiring the Department of
11Agriculture and Consumer Services to establish by rule
12criteria for the approval of continuing education courses
13and providers and the form for certificates of completion;
14amending s. 493.6202, F.S.; requiring the department to
15establish by rule certain fees relating to private
16investigative services; amending s. 493.6203, F.S.;
17requiring passage of an examination for licensure as a
18private investigator; providing exemption for certain
19licensees; requiring reexamination for relicensure under
20certain circumstances; requiring successful completion of
21certain coursework and passage of an examination for
22licensure as a private investigator intern; requiring the
23department to establish by rule the general content and
24the form for certificates of completion of such training
25and criteria for the examination; requiring reexamination
26for relicensure under certain circumstances; providing an
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraph (a) of subsection (1) of section
32493.6106, Florida Statutes, is amended to read:
33     493.6106  License requirements; posting.--
34     (1)  Each individual licensed by the department must:
35     (a)  Be at least 18 years of age, except that Class "C,"
36Class "MA," and Class "M" licensees must be at least 21 years of
37age.
38     Section 2.  Section 493.6110, Florida Statutes, is amended
39to read:
40     493.6110  Licensee's insurance.--No Class "B" agency
41license shall be issued unless the applicant first files with
42the department a certification of insurance evidencing
43commercial general liability coverage as delineated below. The
44coverage shall provide the department as an additional insured
45for the purpose of receiving all notices of modification or
46cancellation of such insurance. Coverage shall be written by an
47insurance company which is lawfully engaged to provide insurance
48coverage in Florida. Coverage shall provide for a combined
49single-limit policy in the amount of at least $300,000, which
50policy shall include comprehensive general liability coverage
51for death, bodily injury, property damage, and personal injury
52coverage including false arrest, detention or imprisonment,
53malicious prosecution, libel, slander, defamation of character,
54and violation of the right of privacy. Coverage shall insure for
55the liability of all employees licensed by the department while
56acting in the course of their employment.
57     (1)  The licensed agency shall notify the department of any
58claim against such insurance.
59     (2)  The licensed agency shall notify the department
60immediately upon cancellation of the insurance policy, whether
61such cancellation was initiated by the insurance company or the
62insured agency.
63     (3)  The agency license shall be automatically suspended
64upon the date of cancellation unless evidence of insurance is
65provided to the department prior to the effective date of
66cancellation.
67     Section 3.  Subsection (3) of section 493.6113, Florida
68Statutes, is amended to read:
69     493.6113  Renewal application for licensure.--
70     (3)  Each licensee shall be responsible for renewing his or
71her license on or before its expiration by filing with the
72department an application for renewal accompanied by payment of
73the prescribed license fee.
74     (a)  Each Class "A," Class "B," or Class "R" licensee shall
75additionally submit on a form prescribed by the department a
76certification of insurance which evidences that the licensee
77maintains adequate commercial general liability coverage as
78required under s. 493.6110.
79     (b)  Each Class "G" licensee shall additionally submit
80proof that he or she has received during each year of the
81license period a minimum of 4 hours of firearms recertification
82training taught by a Class "K" licensee and has complied with
83such other health and training requirements which the department
84may adopt by rule. If proof of a minimum of 4 hours of annual
85firearms recertification training cannot be provided, the
86renewal applicant shall complete the minimum number of hours of
87range and classroom training required at the time of initial
88licensure.
89     (c)  Each Class "DS" or Class "RS" licensee shall
90additionally submit the current curriculum, examination, and
91list of instructors.
92     (d)  Effective September 1, 2006, each Class "C," Class
93"CC," Class "M," Class "MA," Class "E," Class "EE," Class "MR,"
94and Class "RI" licensee shall provide proof, in a form
95established by rule of the department, that the licensee has
96completed not less than 6 hours of continuing education in
97Florida law and rules regulating the professions, including
98criminal law, court decisions, and legal opinions that impact
99the professions, which may include 2 hours of terrorism
100awareness, presented by approved providers, during the biennium
101since the issuance or last renewal of the license. Licensees who
102hold more than one license issued pursuant to this chapter shall
103be required to complete the continuing education only once
104during any biennium.
105     (e)  The department shall by rule establish criteria for
106the continuing education and approval of providers, including
107requirements relating to the content of courses and provider
108expertise. In order to obtain approval as a provider, the person
109must be qualified by education or experience in the specific
110area of instruction to be presented.
111     (f)  Approved continuing education training shall be
112conducted only by approved providers at various locations within
113or outside the state at times convenient for licensees,
114including weekends. Approved providers shall physically verify
115the personal identity and license number of each licensee
116receiving the training by presentation of the personal license
117and shall issue a certificate of completion to each licensee who
118completes the approved courses. The certificate shall be on a
119form established by rule of the department and must be submitted
120with the application for renewal of licensure.
121     Section 4.  Paragraphs (f) and (g) are added to subsection
122(1) of section 493.6202, Florida Statutes, to read:
123     493.6202  Fees.--
124     (1)  The department shall establish by rule examination and
125biennial license fees, which shall not exceed the following:
126     (f)  Fee for the examination for private investigator:
127$100.
128     (g)  Biennial fee for provider approval: $200.
129     Section 5.  Section 493.6203, Florida Statutes, is amended
130to read:
131     493.6203  License requirements.--In addition to the license
132requirements set forth elsewhere in this chapter, each
133individual or agency shall comply with the following additional
134requirements:
135     (1)  Each agency or branch office shall designate a minimum
136of one appropriately licensed individual to act as manager,
137directing the activities of the Class "C" or Class "CC"
138employees.
139     (2)  An applicant for a Class "MA" license shall have at
140least 2 years of lawfully gained, verifiable, full-time
141experience, or training in:
142     (a)  Private investigative work or related fields of work
143that provided equivalent experience or training;
144     (b)  Work as a Class "CC" licensed intern;
145     (c)  Any combination of paragraphs (a) and (b);
146     (d)  Experience described in paragraph (a) for at least 1
147year and experience described as follows in paragraph (e) for 1
148year;
149     (e)  no more than 1 year using:
150     1.  College coursework related to criminal justice,
151criminology, or law enforcement administration; or
152     2.  Successfully completed law enforcement-related training
153received from any federal, state, county, or municipal agency;
154or
155     (e)(f)  Experience described in paragraph (a) for at least
1561 year and work in a managerial or supervisory capacity for at
157least 1 year.
158     (3)  An applicant for a Class "M" license shall qualify for
159licensure as a Class "MA" manager as outlined under subsection
160(2) and as a Class "MB" manager as outlined under s.
161493.6303(2).
162     (4)  An applicant for a Class "C" license shall have 2
163years of lawfully gained, verifiable, full-time experience, or
164training in one, or a combination of more than one, of the
165following:
166     (a)  Private investigative work or related fields of work
167that provided equivalent experience or training.
168     (b)  College coursework related to criminal justice,
169criminology, or law enforcement administration, or successful
170completion of any law enforcement-related training received from
171any federal, state, county, or municipal agency, except that no
172more than 1 year may be used from this category.
173     (c)  Work as a Class "CC" licensed intern.
174     (5)(a)  Effective March 1, 2006, an applicant for a Class
175"C" license who meets the experience criteria in subsection (4)
176must pass an examination on the provisions of this chapter,
177which shall be administered by the department or an examination
178provider approved by the department. The applicant is not
179required to pass the examination prior to submission of the
180application but must do so prior to issuance of the license. The
181administrator of the examination must verify the identity of
182each applicant taking the examination.
183     (b)  The examination requirements of paragraph (a) do not
184apply to any individual who holds a valid Class "CC," Class "C,"
185Class "MA," or Class "M" license issued on or before March 1,
1862006.
187     (c)  Notwithstanding the exemption in paragraph (b), any
188individual whose license has been invalid for any reason for
189more than 1 year must successfully pass the examination, even if
190previously taken.
191     (6)(a)  Effective September 1, 2006, an applicant for a
192Class "CC" license must have, within the preceding 12 months,
193satisfactorily completed a minimum 40-hour course from a school,
194college, or university regulated by the Department of Education
195that pertains to general investigative techniques and this
196chapter and shall pass an examination. The training specified in
197this subsection may be provided by live presentation, on-line,
198or by home study in accordance with Department of Education
199rules and procedures. The administrator of the examination shall
200verify the identity of all applicants taking the examination.
201     (b)  Upon successful completion of the approved course, the
202school, college, or university shall issue a certificate of
203completion to the applicant. The certificate shall be on a form
204established by rule of the department and must be submitted with
205the application for the Class "CC" license.
206     (c)  The department shall by rule establish the general
207content of the training and examination criteria.
208     (d)  Any individual whose Class "CC" license has been
209invalid for any reason for more than 1 year must complete the
210training, even if previously taken.
211     (7)(5)  A Class "CC" licensee shall serve an internship
212under the direction and control of a designated sponsor, who is
213a Class "C," Class "MA," or Class "M" licensee.
214     (8)(6)  In addition to any other requirement, an applicant
215for a Class "G" license shall satisfy the firearms training set
216forth in s. 493.6115.
217     Section 6.  This act shall take effect July 1, 2005.


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