Senate Bill sb0726

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    Florida Senate - 2006                                   SB 726

    By Senator Argenziano





    3-361A-06                                               See HB

  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. 493.6113, F.S.; conforming a

  7         provision requiring certification of insurance

  8         coverage; requiring certain licensees to

  9         complete specified continuing education;

10         requiring the Department of Agriculture and

11         Consumer Services to establish by rule criteria

12         for the approval of continuing education

13         courses and providers and the form for

14         certificates of completion; amending s.

15         493.6202, F.S.; requiring the department to

16         establish by rule certain fees relating to

17         private investigative services; amending s.

18         493.6203, F.S.; requiring passage of an

19         examination for licensure as a private

20         investigator; providing an exemption for

21         certain licensees; requiring reexamination for

22         relicensure under certain circumstances;

23         requiring successful completion of certain

24         coursework and passage of an examination for

25         licensure as a private investigator intern;

26         requiring the department to establish by rule

27         the general content and the form for

28         certificates of completion of such training and

29         criteria for the examination; requiring

30         reexamination for relicensure under certain

31         circumstances; providing an effective date.

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    Florida Senate - 2006                                   SB 726
    3-361A-06                                               See HB




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

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

 4  493.6106, Florida Statutes, is amended to read:

 5         493.6106  License requirements; posting.--

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

 7         (a)  Be at least 18 years of age, except that Class

 8  "C," Class "MA," and Class "M" licensees must be at least 21

 9  years of age.

10         Section 2.  Subsection (3) of section 493.6113, Florida

11  Statutes, is amended to read:

12         493.6113  Renewal application for licensure.--

13         (3)  Each licensee shall be responsible for renewing

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

15  the department an application for renewal accompanied by

16  payment of the prescribed license fee.

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

18  shall additionally submit on a form prescribed by the

19  department a certification of insurance which evidences that

20  the licensee maintains adequate commercial general liability

21  coverage as required under s. 493.6110.

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

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

24  license period a minimum of 4 hours of firearms

25  recertification training taught by a Class "K" licensee and

26  has complied with such other health and training requirements

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

28  of 4 hours of annual firearms recertification training cannot

29  be provided, the renewal applicant shall complete the minimum

30  number of hours of range and classroom training required at

31  the time of initial licensure.

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    Florida Senate - 2006                                   SB 726
    3-361A-06                                               See HB




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

 2  additionally submit the current curriculum, examination, and

 3  list of instructors.

 4         (d)  Effective September 1, 2007, each Class "C," Class

 5  "CC," Class "M," Class "MA," Class "E," Class "EE," Class

 6  "MR," and Class "RI" licensee shall provide proof, in a form

 7  established by rule of the department, that the licensee has

 8  completed not less than 6 hours of continuing education in

 9  Florida law and rules regulating the professions, including

10  criminal law, court decisions, and legal opinions that impact

11  the professions, which may include 2 hours of terrorism

12  awareness, presented by approved providers, during the

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

14  Licensees who hold more than one license issued pursuant to

15  this chapter shall be required to complete the continuing

16  education only once during any biennium.

17         (e)  The department shall by rule establish criteria

18  for the continuing education and approval of providers,

19  including requirements relating to the content of courses and

20  provider expertise. In order to obtain approval as a provider,

21  the person must be qualified by education or experience in the

22  specific area of instruction to be presented.

23         (f)  Approved continuing education training shall be

24  conducted only by approved providers at various locations

25  within or outside the state at times convenient for licensees,

26  including weekends. Before entering the room where the

27  training occurs, each licensee shall present his or her

28  personal license to the approved provider, who shall

29  physically verify the personal identity and license number of

30  the licensee. The approved provider shall issue a certificate

31  of completion to each licensee who completes the approved

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    Florida Senate - 2006                                   SB 726
    3-361A-06                                               See HB




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

 2  rule of the department and must be submitted with the

 3  application for renewal of licensure.

 4         Section 3.  Paragraphs (f) and (g) are added to

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

 6         493.6202  Fees.--

 7         (1)  The department shall establish by rule examination

 8  and biennial license fees, which shall not exceed the

 9  following:

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

11  $100.

12         (g)  Biennial fee for provider approval: $200.

13         Section 4.  Section 493.6203, Florida Statutes, is

14  amended to read:

15         493.6203  License requirements.--In addition to the

16  license requirements set forth elsewhere in this chapter, each

17  individual or agency shall comply with the following

18  additional requirements:

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

20  minimum of one appropriately licensed individual to act as

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

22  "CC" employees.

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

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

25  experience, or training in:

26         (a)  Private investigative work or related fields of

27  work that provided equivalent experience or training;

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

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

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    Florida Senate - 2006                                   SB 726
    3-361A-06                                               See HB




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

 2  1 year and experience described as follows in paragraph (e)

 3  for 1 year;

 4         (e)  no more than 1 year using:

 5         1.  College coursework related to criminal justice,

 6  criminology, or law enforcement administration; or

 7         2.  Successfully completed law enforcement-related

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

 9  municipal agency; or

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

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

12  for at least 1 year.

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

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

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

16  s. 493.6303(2).

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

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

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

20  following:

21         (a)  Private investigative work or related fields of

22  work that provided equivalent experience or training.

23         (b)  College coursework related to criminal justice,

24  criminology, or law enforcement administration, or successful

25  completion of any law enforcement-related training received

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

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

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

29         (5)(a)  Effective March 1, 2007, an applicant for a

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

31  subsection (4) must pass an examination on the provisions of

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    Florida Senate - 2006                                   SB 726
    3-361A-06                                               See HB




 1  this chapter, which shall be administered by the department or

 2  an examination provider approved by the department. The

 3  applicant is not required to pass the examination prior to

 4  submission of the application but must do so prior to issuance

 5  of the license. The administrator of the examination must

 6  verify the identity of each applicant taking the examination.

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

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

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

10  before March 1, 2007.

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

12  any individual whose license has been invalid for any reason

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

14  even if previously taken.

15         (6)(a)  Effective September 1, 2007, an applicant for a

16  Class "CC" license must have, within the preceding 12 months,

17  satisfactorily completed a minimum 40-hour course from a

18  school, college, or university regulated by the Department of

19  Education, which course pertains to general investigative

20  techniques and this chapter, and shall pass an examination.

21  The training specified in this subsection may be provided by

22  live presentation, on line, or by home study in accordance

23  with Department of Education rules and procedures. The

24  administrator of the examination shall verify the identity of

25  all applicants taking the examination.

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

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

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

29  form established by rule of the department and must be

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

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    Florida Senate - 2006                                   SB 726
    3-361A-06                                               See HB




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

 2  content of the training and examination criteria.

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

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

 5  training, even if previously taken.

 6         (7)(5)  A Class "CC" licensee shall serve an internship

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

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

 9         (8)(6)  In addition to any other requirement, an

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

11  training set forth in s. 493.6115.

12         Section 5.  This act shall take effect July 1, 2006.

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