1 | A bill to be entitled |
2 | An act relating to private investigative, private |
3 | security, and repossession services; amending s. 493.6106, |
4 | F.S.; increasing the minimum age required for certain |
5 | licensees; amending s. 493.6113, F.S.; conforming a |
6 | provision requiring certification of insurance coverage; |
7 | requiring certain licensees to complete specified |
8 | continuing education; requiring the Department of |
9 | Agriculture and Consumer Services to establish by rule |
10 | criteria for the approval of continuing education courses |
11 | and providers and the form for certificates of completion; |
12 | amending s. 493.6202, F.S.; requiring the department to |
13 | establish by rule certain fees relating to private |
14 | investigative services; amending s. 493.6203, F.S.; |
15 | requiring passage of an examination for licensure as a |
16 | private investigator; providing exemption for certain |
17 | licensees; requiring reexamination for relicensure under |
18 | certain circumstances; requiring successful completion of |
19 | certain coursework and passage of an examination for |
20 | licensure as a private investigator intern; requiring the |
21 | department to establish by rule the general content and |
22 | the form for certificates of completion of such training |
23 | and criteria for the examination; requiring reexamination |
24 | for relicensure under certain circumstances; providing an |
25 | effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Paragraph (a) of subsection (1) of section |
30 | 493.6106, 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," |
34 | Class "MA," and Class "M" licensees must be at least 21 years of |
35 | age. |
36 | Section 2. Subsection (3) of section 493.6113, Florida |
37 | Statutes, is amended to read: |
38 | 493.6113 Renewal application for licensure.-- |
39 | (3) Each licensee shall be responsible for renewing his or |
40 | her license on or before its expiration by filing with the |
41 | department an application for renewal accompanied by payment of |
42 | the prescribed license fee. |
43 | (a) Each Class "A," Class "B," or Class "R" licensee shall |
44 | additionally submit on a form prescribed by the department a |
45 | certification of insurance which evidences that the licensee |
46 | maintains adequate commercial general liability coverage as |
47 | required under s. 493.6110. |
48 | (b) Each Class "G" licensee shall additionally submit |
49 | proof that he or she has received during each year of the |
50 | license period a minimum of 4 hours of firearms recertification |
51 | training taught by a Class "K" licensee and has complied with |
52 | such other health and training requirements which the department |
53 | may adopt by rule. If proof of a minimum of 4 hours of annual |
54 | firearms recertification training cannot be provided, the |
55 | renewal applicant shall complete the minimum number of hours of |
56 | range and classroom training required at the time of initial |
57 | licensure. |
58 | (c) Each Class "DS" or Class "RS" licensee shall |
59 | additionally submit the current curriculum, examination, and |
60 | list of instructors. |
61 | (d) Effective September 1, 2007, each Class "C," Class |
62 | "CC," Class "M," Class "MA," Class "E," Class "EE," Class "MR," |
63 | and Class "RI" licensee shall provide proof, in a form |
64 | established by rule of the department, that the licensee has |
65 | completed not less than 6 hours of continuing education in |
66 | Florida law and rules regulating the professions, including |
67 | criminal law, court decisions, and legal opinions that impact |
68 | the professions, which may include 2 hours of terrorism |
69 | awareness, presented by approved providers, during the biennium |
70 | since the issuance or last renewal of the license. Licensees who |
71 | hold more than one license issued pursuant to this chapter shall |
72 | be required to complete the continuing education only once |
73 | during any biennium. |
74 | (e) The department shall by rule establish criteria for |
75 | the continuing education and approval of providers, including |
76 | requirements relating to the content of courses and provider |
77 | expertise. In order to obtain approval as a provider, the person |
78 | must be qualified by education or experience in the specific |
79 | area of instruction to be presented. |
80 | (f) Approved continuing education training shall be |
81 | conducted only by approved providers at various locations within |
82 | or outside the state at times convenient for licensees, |
83 | including weekends. Before entering the room where the training |
84 | occurs, each licensee shall present his or her personal license |
85 | to the approved provider, who shall physically verify the |
86 | personal identity and license number of the licensee. The |
87 | approved provider shall issue a certificate of completion to |
88 | each licensee who completes the approved courses. The |
89 | certificate shall be on a form established by rule of the |
90 | department and must be submitted with the application for |
91 | renewal 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 |
96 | biennial 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 |
101 | to read: |
102 | 493.6203 License requirements.--In addition to the license |
103 | requirements set forth elsewhere in this chapter, each |
104 | individual or agency shall comply with the following additional |
105 | requirements: |
106 | (1) Each agency or branch office shall designate a minimum |
107 | of one appropriately licensed individual to act as manager, |
108 | directing the activities of the Class "C" or Class "CC" |
109 | employees. |
110 | (2) An applicant for a Class "MA" license shall have at |
111 | least 2 years of lawfully gained, verifiable, full-time |
112 | experience, or training in: |
113 | (a) Private investigative work or related fields of work |
114 | that 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 |
118 | year and experience described as follows in paragraph (e) for 1 |
119 | year; |
120 | (e) no more than 1 year using: |
121 | 1. College coursework related to criminal justice, |
122 | criminology, or law enforcement administration; or |
123 | 2. Successfully completed law enforcement-related training |
124 | received from any federal, state, county, or municipal agency; |
125 | or |
126 | (e)(f) Experience described in paragraph (a) for at least |
127 | 1 year and work in a managerial or supervisory capacity for at |
128 | least 1 year. |
129 | (3) An applicant for a Class "M" license shall qualify for |
130 | licensure as a Class "MA" manager as outlined under subsection |
131 | (2) and as a Class "MB" manager as outlined under s. |
132 | 493.6303(2). |
133 | (4) An applicant for a Class "C" license shall have 2 |
134 | years of lawfully gained, verifiable, full-time experience, or |
135 | training in one, or a combination of more than one, of the |
136 | following: |
137 | (a) Private investigative work or related fields of work |
138 | that provided equivalent experience or training. |
139 | (b) College coursework related to criminal justice, |
140 | criminology, or law enforcement administration, or successful |
141 | completion of any law enforcement-related training received from |
142 | any federal, state, county, or municipal agency, except that no |
143 | more 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) |
147 | must pass an examination on the provisions of this chapter, |
148 | which shall be administered by the department or an examination |
149 | provider approved by the department. The applicant is not |
150 | required to pass the examination prior to submission of the |
151 | application but must do so prior to issuance of the license. The |
152 | administrator of the examination must verify the identity of |
153 | each applicant taking the examination. |
154 | (b) The examination requirements of paragraph (a) do not |
155 | apply to any individual who holds a valid Class "CC," Class "C," |
156 | Class "MA," or Class "M" license issued on or before March 1, |
157 | 2007. |
158 | (c) Notwithstanding the exemption in paragraph (b), any |
159 | individual whose license has been invalid for any reason for |
160 | more than 1 year must successfully pass the examination, even if |
161 | previously taken. |
162 | (6)(a) Effective September 1, 2007, an applicant for a |
163 | Class "CC" license must have, within the preceding 12 months, |
164 | satisfactorily completed a minimum 40-hour course from a school, |
165 | college, or university regulated by the Department of Education, |
166 | which course pertains to general investigative techniques and |
167 | this chapter, and shall pass an examination. The training |
168 | specified in this subsection may be provided by live |
169 | presentation, on line, or by home study in accordance with |
170 | Department of Education rules and procedures. The administrator |
171 | of the examination shall verify the identity of all applicants |
172 | taking the examination. |
173 | (b) Upon successful completion of the approved course, the |
174 | school, college, or university shall issue a certificate of |
175 | completion to the applicant. The certificate shall be on a form |
176 | established by rule of the department and must be submitted with |
177 | the application for the Class "CC" license. |
178 | (c) The department shall by rule establish the general |
179 | content of the training and examination criteria. |
180 | (d) Any individual whose Class "CC" license has been |
181 | invalid for any reason for more than 1 year must complete the |
182 | training, even if previously taken. |
183 | (7)(5) A Class "CC" licensee shall serve an internship |
184 | under the direction and control of a designated sponsor, who is |
185 | a Class "C," Class "MA," or Class "M" licensee. |
186 | (8)(6) In addition to any other requirement, an applicant |
187 | for a Class "G" license shall satisfy the firearms training set |
188 | forth in s. 493.6115. |
189 | Section 5. This act shall take effect July 1, 2006. |