Florida Senate - 2010                                    SB 2402
       
       
       
       By Senator Baker
       
       
       
       
       20-01466-10                                           20102402__
    1                        A bill to be entitled                      
    2         An act relating to private investigative, private
    3         security, and repossession services; amending s.
    4         493.6104, F.S.; creating the Board of Investigation,
    5         Security, and Recovery within the Department of
    6         Agriculture and Consumer Services; providing for
    7         members of the board to be appointed by the
    8         Commissioner of Agriculture; providing for the powers,
    9         duties, and meetings of the board; providing for the
   10         removal of members and reimbursement of expenses for
   11         members of the board; providing for the transfer of
   12         functions from the Department of Agriculture and
   13         Consumer Services to the board; providing for annual
   14         budget requests; providing for an annual report to the
   15         Governor and Legislature; providing for the adoption
   16         of rules; deleting provisions relating to the Private
   17         Investigation, Recovery, and Security Advisory
   18         Council; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 493.6104, Florida Statutes, is amended
   23  to read:
   24         493.6104 Board of Investigation, Security, and Recovery
   25  Advisory council.—
   26         (1) The Board of Investigation, Security, and Recovery is
   27  created within the Department of Agriculture and Consumer
   28  Services. The board shall be composed of 13 members, of whom 8
   29  members must be licensed under this chapter and must have been
   30  licensed for a minimum of 5 years. One member must be an active
   31  law enforcement officer who is certified under the Criminal
   32  Justice Standards and Training Commission and shall represent a
   33  statewide or county law enforcement agency or statewide
   34  association of law enforcement agencies. Two members must
   35  represent businesses that regularly contract with Class “A,”
   36  Class “B,” or Class “R” agencies. Four members must represent
   37  the security profession, at least one of whom must represent an
   38  agency that employs 20 or fewer security officers; two members
   39  must represent the private investigative profession, at least
   40  one of whom must represent an agency that employs five or fewer
   41  investigators; two members must represent the collateral
   42  recovery profession; and the remaining two members must be
   43  laypersons who have never engaged in private security, private
   44  investigation, or collateral recovery activities. The licensed
   45  members must be geographically distributed throughout the state,
   46  if reasonably possible. The department shall designate an
   47  advisory council, known as the Private Investigation, Recovery,
   48  and Security Advisory Council, to be composed of 11 members. One
   49  member must be an active law enforcement officer, certified
   50  under the Florida Criminal Justice Standards and Training
   51  Commission, representing a statewide law enforcement agency or
   52  statewide association of law enforcement agencies. One member
   53  must be the owner or operator of a business that regularly
   54  contracts with Class “A,” Class “B,” or Class “R” agencies. Nine
   55  members must be geographically distributed, insofar as possible,
   56  and must be licensed pursuant to this chapter. Two members must
   57  be from the security profession, one of whom represents an
   58  agency that employs 20 security guards or fewer; two members
   59  must be from the private investigative profession, one of whom
   60  represents an agency that employs five investigators or fewer;
   61  one member shall be from the repossession profession; and the
   62  remaining four members may be drawn from any of the professions
   63  regulated under this chapter.
   64         (2) Seven of the initial board Council members shall be
   65  appointed by the Commissioner of Agriculture for 3-year terms
   66  and six shall be appointed for 4-year terms. Thereafter, each
   67  member shall be appointed by the commissioner for a 4-year term.
   68  In the event of an appointment to fill an unexpired term, the
   69  appointment shall be for no longer than the remainder of the
   70  unexpired term. A No member may not serve more than two full
   71  consecutive terms. Members may be removed by the commissioner of
   72  Agriculture for cause, with the consent of the board. Cause
   73  includes shall include, but is not limited to, absences from two
   74  consecutive meetings, conviction of a felony or violent
   75  misdemeanor, revocation or suspension of licensure, professional
   76  conduct that is below or contrary to acceptable standards, or
   77  conduct that brings disrepute upon the professions regulated by
   78  the board.
   79         (3) Members shall elect a chairperson annually. A No member
   80  may not serve as chairperson more than twice.
   81         (4) The board council shall meet at least 4 times yearly
   82  upon the call of the chairperson, at the request of a majority
   83  of the membership, or at the request of the department. Notice
   84  of council meetings and the agenda shall be published in the
   85  Florida Administrative Weekly at least 14 days prior to such
   86  meeting.
   87         (5) The board shall have all regulatory powers and duties
   88  under this chapter which were previously held by the department,
   89  including those relating to the receipt and processing of
   90  complaints, investigations, and disciplinary actions;
   91  determining legal sufficiency and probable cause; issuing
   92  orders, notices of noncompliance, notices to cease and desist,
   93  subpoenas, and citations; retaining legal counsel and other
   94  professionals; and any other acts relating to the regulation of
   95  persons under this chapter.
   96         (a)Complaints and information obtained pursuant to an
   97  investigation by the board are confidential and exempt from s.
   98  119.07(1) until probable cause is found by the board.
   99         (b) The board may contract, pursuant to s. 287.057(3), to
  100  obtain services it deems necessary to perform its duties. Any
  101  entity with which it contracts must comply with all
  102  recordkeeping and public-records requirements imposed upon the
  103  board.
  104         (c) The board shall submit an operating budget request to
  105  the department by October 1 of each year, and the department
  106  shall submit copies of that budget request, without alteration,
  107  to the Governor and the Legislature pursuant to s. 216.023.
  108         (d) By October 1 of each year, the board shall submit an
  109  annual report of its activities to the Governor, the President
  110  of the Senate, the Speaker of the House of Representatives, the
  111  chairs of the appropriations committees of the Senate and House
  112  of Representatives, and the Commissioner of Agriculture. The
  113  report shall include:
  114         1.The number of complaints received;
  115         2.The number of complaints determined to be legally
  116  sufficient;
  117         3.The number of complaints determined to be legally
  118  insufficient;
  119         4.The number of complaints dismissed;
  120         5.The number of complaints filed in circuit court;
  121         6.The number of complaints determined to have probable
  122  cause;
  123         7.The number of administrative complaints issued and the
  124  status of the complaints;
  125         8.The number and nature of disciplinary actions taken by
  126  the board;
  127         9.The number and the amount of fines and penalties
  128  imposed;
  129         10.The number and the amount of fines and penalties
  130  collected;
  131         11.Total revenues and expenses incurred;
  132         12.Total completed investigations;
  133         13.Total pending investigations; and
  134         14. A summary of audits performed, including financial
  135  reports and performance audits of any entity hired pursuant to
  136  paragraph (a). The council shall advise the department and make
  137  recommendations relative to the regulation of the security,
  138  investigative, and recovery industries.
  139         (6) Board Council members shall serve without pay; however,
  140  state per diem and travel allowances may be claimed for
  141  attendance at officially called meetings as provided by s.
  142  112.061.
  143         (7) A quorum of seven six members is shall be necessary for
  144  a meeting to convene or continue. All official action taken by
  145  the board council shall be by simple majority of those members
  146  present. Members may not participate or vote by proxy. Meetings
  147  shall be recorded, and minutes of the meetings shall be
  148  maintained by the department.
  149         (8) The director of the Division of Licensing or the
  150  director’s designee shall serve, in a nonvoting capacity, as
  151  secretary to the board council. The Division of Licensing shall
  152  provide all administrative and legal support required by the
  153  board council in the conduct of its official business.
  154         (9) The board may adopt rules to administer this section.
  155         Section 2. This act shall take effect July 1, 2010.