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.