| 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. |