HB 363

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. 493.6113, F.S.; conforming a
6provision requiring certification of insurance coverage;
7requiring certain licensees to complete specified
8continuing education; requiring the Department of
9Agriculture and Consumer Services to establish by rule
10criteria for the approval of continuing education courses
11and providers and the form for certificates of completion;
12amending s. 493.6202, F.S.; requiring the department to
13establish by rule certain fees relating to private
14investigative services; amending s. 493.6203, F.S.;
15requiring passage of an examination for licensure as a
16private investigator; providing exemption for certain
17licensees; requiring reexamination for relicensure under
18certain circumstances; requiring successful completion of
19certain coursework and passage of an examination for
20licensure as a private investigator intern; requiring the
21department to establish by rule the general content and
22the form for certificates of completion of such training
23and criteria for the examination; requiring reexamination
24for relicensure under certain circumstances; providing an
25effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Paragraph (a) of subsection (1) of section
30493.6106, Florida Statutes, is amended to read:
31     493.6106  License requirements; posting.--
32     (1)  Each individual licensed by the department must:
33     (a)  Be at least 18 years of age, except that Class "C,"
34Class "MA," and Class "M" licensees must be at least 21 years of
35age.
36     Section 2.  Subsection (3) of section 493.6113, Florida
37Statutes, is amended to read:
38     493.6113  Renewal application for licensure.--
39     (3)  Each licensee shall be responsible for renewing his or
40her license on or before its expiration by filing with the
41department an application for renewal accompanied by payment of
42the prescribed license fee.
43     (a)  Each Class "A," Class "B," or Class "R" licensee shall
44additionally submit on a form prescribed by the department a
45certification of insurance which evidences that the licensee
46maintains adequate commercial general liability coverage as
47required under s. 493.6110.
48     (b)  Each Class "G" licensee shall additionally submit
49proof that he or she has received during each year of the
50license period a minimum of 4 hours of firearms recertification
51training taught by a Class "K" licensee and has complied with
52such other health and training requirements which the department
53may adopt by rule. If proof of a minimum of 4 hours of annual
54firearms recertification training cannot be provided, the
55renewal applicant shall complete the minimum number of hours of
56range and classroom training required at the time of initial
57licensure.
58     (c)  Each Class "DS" or Class "RS" licensee shall
59additionally submit the current curriculum, examination, and
60list of instructors.
61     (d)  Effective September 1, 2007, each Class "C," Class
62"CC," Class "M," Class "MA," Class "E," Class "EE," Class "MR,"
63and Class "RI" licensee shall provide proof, in a form
64established by rule of the department, that the licensee has
65completed not less than 6 hours of continuing education in
66Florida law and rules regulating the professions, including
67criminal law, court decisions, and legal opinions that impact
68the professions, which may include 2 hours of terrorism
69awareness, presented by approved providers, during the biennium
70since the issuance or last renewal of the license. Licensees who
71hold more than one license issued pursuant to this chapter shall
72be required to complete the continuing education only once
73during any biennium.
74     (e)  The department shall by rule establish criteria for
75the continuing education and approval of providers, including
76requirements relating to the content of courses and provider
77expertise. In order to obtain approval as a provider, the person
78must be qualified by education or experience in the specific
79area of instruction to be presented.
80     (f)  Approved continuing education training shall be
81conducted only by approved providers at various locations within
82or outside the state at times convenient for licensees,
83including weekends. Before entering the room where the training
84occurs, each licensee shall present his or her personal license
85to the approved provider, who shall physically verify the
86personal identity and license number of the licensee. The
87approved provider shall issue a certificate of completion to
88each licensee who completes the approved courses. The
89certificate shall be on a form established by rule of the
90department and must be submitted with the application for
91renewal of licensure.
92     Section 3.  Paragraphs (f) and (g) are added to subsection
93(1) of section 493.6202, Florida Statutes, to read:
94     493.6202  Fees.--
95     (1)  The department shall establish by rule examination and
96biennial license fees, which shall not exceed the following:
97     (f)  Fee for the examination for private investigator:
98$100.
99     (g)  Biennial fee for provider approval: $200.
100     Section 4.  Section 493.6203, Florida Statutes, is amended
101to read:
102     493.6203  License requirements.--In addition to the license
103requirements set forth elsewhere in this chapter, each
104individual or agency shall comply with the following additional
105requirements:
106     (1)  Each agency or branch office shall designate a minimum
107of one appropriately licensed individual to act as manager,
108directing the activities of the Class "C" or Class "CC"
109employees.
110     (2)  An applicant for a Class "MA" license shall have at
111least 2 years of lawfully gained, verifiable, full-time
112experience, or training in:
113     (a)  Private investigative work or related fields of work
114that provided equivalent experience or training;
115     (b)  Work as a Class "CC" licensed intern;
116     (c)  Any combination of paragraphs (a) and (b);
117     (d)  Experience described in paragraph (a) for at least 1
118year and experience described as follows in paragraph (e) for 1
119year;
120     (e)  no more than 1 year using:
121     1.  College coursework related to criminal justice,
122criminology, or law enforcement administration; or
123     2.  Successfully completed law enforcement-related training
124received from any federal, state, county, or municipal agency;
125or
126     (e)(f)  Experience described in paragraph (a) for at least
1271 year and work in a managerial or supervisory capacity for at
128least 1 year.
129     (3)  An applicant for a Class "M" license shall qualify for
130licensure as a Class "MA" manager as outlined under subsection
131(2) and as a Class "MB" manager as outlined under s.
132493.6303(2).
133     (4)  An applicant for a Class "C" license shall have 2
134years of lawfully gained, verifiable, full-time experience, or
135training in one, or a combination of more than one, of the
136following:
137     (a)  Private investigative work or related fields of work
138that provided equivalent experience or training.
139     (b)  College coursework related to criminal justice,
140criminology, or law enforcement administration, or successful
141completion of any law enforcement-related training received from
142any federal, state, county, or municipal agency, except that no
143more than 1 year may be used from this category.
144     (c)  Work as a Class "CC" licensed intern.
145     (5)(a)  Effective March 1, 2007, an applicant for a Class
146"C" license who meets the experience criteria in subsection (4)
147must pass an examination on the provisions of this chapter,
148which shall be administered by the department or an examination
149provider approved by the department. The applicant is not
150required to pass the examination prior to submission of the
151application but must do so prior to issuance of the license. The
152administrator of the examination must verify the identity of
153each applicant taking the examination.
154     (b)  The examination requirements of paragraph (a) do not
155apply to any individual who holds a valid Class "CC," Class "C,"
156Class "MA," or Class "M" license issued on or before March 1,
1572007.
158     (c)  Notwithstanding the exemption in paragraph (b), any
159individual whose license has been invalid for any reason for
160more than 1 year must successfully pass the examination, even if
161previously taken.
162     (6)(a)  Effective September 1, 2007, an applicant for a
163Class "CC" license must have, within the preceding 12 months,
164satisfactorily completed a minimum 40-hour course from a school,
165college, or university regulated by the Department of Education,
166which course pertains to general investigative techniques and
167this chapter, and shall pass an examination. The training
168specified in this subsection may be provided by live
169presentation, on line, or by home study in accordance with
170Department of Education rules and procedures. The administrator
171of the examination shall verify the identity of all applicants
172taking the examination.
173     (b)  Upon successful completion of the approved course, the
174school, college, or university shall issue a certificate of
175completion to the applicant. The certificate shall be on a form
176established by rule of the department and must be submitted with
177the application for the Class "CC" license.
178     (c)  The department shall by rule establish the general
179content of the training and examination criteria.
180     (d)  Any individual whose Class "CC" license has been
181invalid for any reason for more than 1 year must complete the
182training, even if previously taken.
183     (7)(5)  A Class "CC" licensee shall serve an internship
184under the direction and control of a designated sponsor, who is
185a Class "C," Class "MA," or Class "M" licensee.
186     (8)(6)  In addition to any other requirement, an applicant
187for a Class "G" license shall satisfy the firearms training set
188forth in s. 493.6115.
189     Section 5.  This act shall take effect July 1, 2006.


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