Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1018
       
       
       
       
       
       
                                Ì902328*Î902328                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2022           .                                
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       The Committee on Commerce and Tourism (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (5) through (8) of section
    6  493.6105, Florida Statutes, are redesignated as subsections (6)
    7  through (9), respectively, a new subsection (5) is added to that
    8  section, and subsections (1) and (3) and paragraph (c) of
    9  present subsection (5) of that section are amended, to read:
   10         493.6105 Initial application for license.—
   11         (1) Each individual, partner, or principal officer in a
   12  corporation, shall file with the department a complete
   13  application accompanied by an application fee not to exceed $60,
   14  except that an applicant for a Class “CG,” Class “D,” or Class
   15  “G” license is not required to submit an application fee. An
   16  application fee is not required for an applicant who qualifies
   17  for the fee waiver in s. 493.6107(6). The application fee is not
   18  refundable.
   19         (a) The application submitted by any individual, partner,
   20  or corporate officer must be approved by the department before
   21  the individual, partner, or corporate officer assumes his or her
   22  duties.
   23         (b) Individuals who invest in the ownership of a licensed
   24  agency but do not participate in, direct, or control the
   25  operations of the agency are not required to file an
   26  application.
   27         (3) The application must contain the following information
   28  concerning the individual signing the application:
   29         (a) Name and any aliases.
   30         (b) Age and date of birth.
   31         (c) Place of birth.
   32         (d) Social security number or alien registration number,
   33  whichever is applicable.
   34         (e) Current residence address and mailing address.
   35         (f) A statement of all criminal convictions, findings of
   36  guilt, and pleas of guilty or nolo contendere, regardless of
   37  adjudication of guilt. An applicant for a Class “CG,” Class “G,”
   38  or Class “K” license who is younger than 24 years of age shall
   39  also include a statement regarding any finding of having
   40  committed a delinquent act in any state, territory, or country
   41  which would be a felony if committed by an adult and which is
   42  punishable by imprisonment for a term exceeding 1 year.
   43         (g) One passport-type color photograph taken within the 6
   44  months immediately preceding submission of the application.
   45         (h) A statement whether he or she has ever been adjudicated
   46  incompetent under chapter 744.
   47         (i) A statement whether he or she has ever been committed
   48  to a mental institution under chapter 394.
   49         (j) A full set of fingerprints, a fingerprint processing
   50  fee, and a fingerprint retention fee. The fingerprint processing
   51  and retention fees shall be established by rule of the
   52  department based upon costs determined by state and federal
   53  agency charges and department processing costs, which must
   54  include the cost of retaining the fingerprints in the statewide
   55  automated biometric identification system established in s.
   56  943.05(2)(b) and the cost of enrolling the fingerprints in the
   57  national retained print arrest notification program as required
   58  under s. 493.6108. An applicant who has, within the immediately
   59  preceding 6 months, submitted such fingerprints and fees for
   60  licensing purposes under this chapter and who still holds a
   61  valid license is not required to submit another set of
   62  fingerprints or another fingerprint processing fee. An applicant
   63  who holds multiple licenses issued under this chapter is
   64  required to pay only a single fingerprint retention fee.
   65  Partners and corporate officers who do not possess licenses
   66  subject to renewal under s. 493.6113 are exempt from the
   67  fingerprint retention requirements of this chapter.
   68         (k) A personal inquiry waiver that allows the department to
   69  conduct necessary investigations to satisfy the requirements of
   70  this chapter.
   71         (l) Such further facts as may be required by the department
   72  to show that the individual signing the application is of good
   73  moral character and qualified by experience and training to
   74  satisfy the requirements of this chapter.
   75         (5)In addition to the requirements under subsection (3),
   76  an applicant for a Class “CG” license must submit proof that she
   77  or he:
   78         (a)Has an active license to carry a concealed firearm
   79  issued pursuant to s. 790.06;
   80         (b)Is a retired law enforcement officer who separated from
   81  service in good standing; who, before such separation, served as
   82  a law enforcement officer for at least 10 years; and who
   83  maintains her or his annual firearms proficiency qualification
   84  pursuant to the federal Law Enforcement Officers Safety Act; or
   85         (c)Is an active law enforcement officer who maintains the
   86  annual firearms proficiency qualification required by her or his
   87  agency.
   88         (6)(5) In addition to the requirements outlined in
   89  subsection (3), an applicant for a Class “G” license must
   90  satisfy minimum training criteria for firearms established by
   91  rule of the department, which training criteria includes, but is
   92  not limited to, 28 hours of range and classroom training taught
   93  and administered by a Class “K” licensee; however, no more than
   94  8 hours of such training shall consist of range training. The
   95  department may waive the foregoing firearms training requirement
   96  if:
   97         (c) The applicant submits a valid firearm certificate among
   98  those specified in paragraph (7)(a) (6)(a).
   99         Section 2. Paragraphs (f) and (g) of subsection (1) and
  100  subsection (3) of section 493.6106, Florida Statutes, are
  101  amended to read:
  102         493.6106 License requirements; posting.—
  103         (1) Each individual licensed by the department must:
  104         (f) Be a citizen or permanent legal resident alien of the
  105  United States or have appropriate authorization issued by the
  106  United States Citizenship and Immigration Services of the United
  107  States Department of Homeland Security.
  108         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  109  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  110  “MB,” Class “MR,” or Class “RI” license who is not a United
  111  States citizen must submit proof of current employment
  112  authorization issued by the United States Citizenship and
  113  Immigration Services or proof that she or he is deemed a
  114  permanent legal resident alien by the United States Citizenship
  115  and Immigration Services.
  116         2. An applicant for a Class “CG,” Class “G,” or Class “K”
  117  license who is not a United States citizen must submit proof
  118  that she or he is deemed a permanent legal resident alien by the
  119  United States Citizenship and Immigration Services.
  120         3. An applicant for an agency or school license who is not
  121  a United States citizen or permanent legal resident alien must
  122  submit documentation issued by the United States Citizenship and
  123  Immigration Services stating that she or he is lawfully in the
  124  United States and is authorized to own and operate the type of
  125  agency or school for which she or he is applying. An employment
  126  authorization card issued by the United States Citizenship and
  127  Immigration Services is not sufficient documentation.
  128         (g) Not be prohibited from purchasing or possessing a
  129  firearm by state or federal law if the individual is applying
  130  for a Class “CG,” Class “G,license or a Class “K” license.
  131         (3) Each Class “C,” Class “CC,” Class “CG,” Class “D,”
  132  Class “DI,” Class “E,” Class “EE,” Class “G,” Class “K,” Class
  133  “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI” licensee
  134  shall notify the division in writing within 10 days of a change
  135  in her or his residence or mailing address.
  136         Section 3. Subsection (4) of section 493.6111, Florida
  137  Statutes, is amended to read:
  138         493.6111 License; contents; identification card.—
  139         (4) Notwithstanding the existence of a valid Florida
  140  corporate registration, an agency or school licensee may not
  141  conduct activities regulated under this chapter under any
  142  fictitious name without prior written authorization from the
  143  department to use that name in the conduct of activities
  144  regulated under this chapter. The department may not authorize
  145  the use of a name that is so similar to that of a public officer
  146  or agency, or of that used by another licensee, that the public
  147  may be confused or misled thereby. The authorization for the use
  148  of a fictitious name must require, as a condition precedent to
  149  the use of such name, the filing of a certificate of engaging in
  150  business under a fictitious name under s. 865.09. A licensee may
  151  not conduct business under more than one name except as
  152  separately licensed nor shall the license be valid to protect
  153  any licensee who is engaged in the business under any name other
  154  than that specified in the license. An agency desiring to change
  155  its licensed name must notify the department and, except upon
  156  renewal, pay a fee not to exceed $30 for each license requiring
  157  revision including those of all licensed employees except Class
  158  “CG,” Class “D,” or Class “G” licensees. Upon the return of such
  159  licenses to the department, revised licenses shall be provided.
  160         Section 4. Subsections (2), (4), (5), (6), (8), and (9) of
  161  section 493.6115, Florida Statutes, are amended to read:
  162         493.6115 Weapons and firearms.—
  163         (2)(a)Only Class “C,” Class “CC,” Class “D,” Class “M,”
  164  Class “MA,” or Class “MB” licensees are permitted to bear a
  165  firearm in the performance of their duties only if and any such
  166  licensee also has who bears a firearm shall also have a Class
  167  “G” license.
  168         (b)Class “C” and Class “CC” licensees are permitted to
  169  bear a firearm in the performance of their duties only if such
  170  licensee also has a “Class “CG” or Class “G” license.
  171         (4) A Class “C” or Class “CC” licensee who is 21 years of
  172  age or older and has also been issued a Class “CG” or Class “G”
  173  license may carry, in the performance of her or his duties, a
  174  concealed firearm. A Class “D” licensee who is 21 years of age
  175  or older and has also been issued a Class “G” license may carry
  176  a concealed firearm in the performance of her or his duties
  177  under the conditions specified in s. 493.6305(3) and (4). The
  178  Class “CG” or Class “G” license must clearly indicate such
  179  authority. The authority of any such licensee to carry a
  180  concealed firearm is valid in any location throughout the state
  181  while performing services within the scope of the license.
  182         (5)(a) The Class “G” license shall remain in effect only
  183  during the period the applicant is employed as a Class “C,”
  184  Class “CC,” Class “D,” Class “MA,” Class “MB,” or Class “M”
  185  licensee.
  186         (b)The Class “CG” license shall remain in effect only
  187  during the period the applicant is employed as a Class “C” or
  188  Class “CC” licensee.
  189         (6) In addition to any other firearm approved by the
  190  department, a licensee who has been issued a Class “CG” or Class
  191  “G” license may carry a .38 caliber revolver; or a .380 caliber
  192  or 9 millimeter semiautomatic pistol; or a .357 caliber revolver
  193  with .38 caliber ammunition only; or a .40 caliber handgun; or a
  194  .45 ACP handgun while performing duties authorized under this
  195  chapter. A licensee may not carry more than two firearms upon
  196  her or his person when performing her or his duties. A licensee
  197  may only carry a firearm of the specific type and caliber with
  198  which she or he is qualified pursuant to the firearms training
  199  referenced in subsection (8) or s. 493.6113(3)(b).
  200         (8) A Class “G” applicant must satisfy the minimum training
  201  criteria as set forth in s. 493.6105(6) s. 493.6105(5) and as
  202  established by rule of the department.
  203         (9) Whenever a Class “CG” or Class “G” licensee discharges
  204  her or his firearm in the course of her or his duties, the Class
  205  “CG” or Class “G” licensee and the agency by which she or he is
  206  employed shall, within 5 working days, submit to the department
  207  an explanation describing the nature of the incident, the
  208  necessity for using the firearm, and a copy of any report
  209  prepared by a law enforcement agency. The department may revoke
  210  or suspend the Class “CG” or Class “G” licensee’s license and
  211  the licensed agency’s agency license if this requirement is not
  212  met.
  213         Section 5. Present paragraphs (x), (y), and (z) of
  214  subsection (1) of section 493.6118, Florida Statutes, are
  215  redesignated as paragraphs (y), (z), and (aa), respectively, a
  216  new paragraph (x) is added to that subsection, and paragraphs
  217  (v) and (w) of that subsection and paragraph (a) of subsection
  218  (8) of that section are amended, to read:
  219         493.6118 Grounds for disciplinary action.—
  220         (1) The following constitute grounds for which disciplinary
  221  action specified in subsection (2) may be taken by the
  222  department against any licensee, agency, or applicant regulated
  223  by this chapter, or any unlicensed person engaged in activities
  224  regulated under this chapter:
  225         (v) For a Class “K” licensee, failing to maintain active
  226  certification specified under s. 493.6105(7) s. 493.6105(6).
  227         (w) For a Class “CG,” Class “G,” or a Class “K” applicant
  228  or licensee, being prohibited from purchasing or possessing a
  229  firearm by state or federal law.
  230         (x)For a Class “CG” licensee, failing to maintain active
  231  certification or licensure under s. 493.6105(5).
  232         (8)(a) Upon notification by a law enforcement agency, a
  233  court, or the Department of Law Enforcement and upon subsequent
  234  written verification, the department shall temporarily suspend a
  235  Class “CG,” Class “G,” or Class “K” license if the licensee is
  236  arrested or charged with a firearms-related crime that would
  237  disqualify such person from licensure under this chapter. The
  238  department shall notify the licensee suspended under this
  239  section of his or her right to a hearing pursuant to chapter
  240  120. A hearing conducted regarding the temporary suspension must
  241  be for the limited purpose of determining whether the licensee
  242  has been arrested or charged with a disqualifying firearms
  243  related crime.
  244         Section 6. Subsection (7) of section 493.6201, Florida
  245  Statutes, is amended to read:
  246         493.6201 Classes of licenses.—
  247         (7)(a)Only Class “M,or Class “MA,Class “C,” or Class
  248  “CC” licensees are permitted to bear a firearm during the
  249  performance of their duties only if, and any such licensee also
  250  has who bears a firearm shall also have a Class “G” license.
  251         (b)Class “C” and Class “CC” licensees are permitted to
  252  bear a firearm during the performance of their duties only if
  253  such licensee also has a “Class “CG” or Class “G” license.
  254         Section 7. Paragraphs (b) and (d) of subsection (3) of
  255  section 493.6113, Florida Statutes, is amended to read:
  256         493.6113 Renewal application for licensure.—
  257         (3) Each licensee is responsible for renewing his or her
  258  license on or before its expiration by filing with the
  259  department an application for renewal accompanied by payment of
  260  the renewal fee and the fingerprint retention fee to cover the
  261  cost of ongoing retention in the statewide automated biometric
  262  identification system established in s. 943.05(2)(b). Upon the
  263  first renewal of a license issued under this chapter before
  264  January 1, 2017, the licensee shall submit a full set of
  265  fingerprints and fingerprint processing fees to cover the cost
  266  of entering the fingerprints into the statewide automated
  267  biometric identification system pursuant to s. 493.6108(4)(a)
  268  and the cost of enrollment in the Federal Bureau of
  269  Investigation’s national retained print arrest notification
  270  program. Subsequent renewals may be completed without submission
  271  of a new set of fingerprints.
  272         (b) Each Class “G” licensee shall additionally submit proof
  273  that he or she has received during each year of the license
  274  period a minimum of 4 hours of firearms requalification training
  275  taught by a Class “K” licensee and has complied with such other
  276  health and training requirements that the department shall adopt
  277  by rule. Proof of completion of firearms requalification
  278  training shall be submitted to the department upon completion of
  279  the training. A Class “G” licensee must successfully complete
  280  this requalification training for each type and caliber of
  281  firearm carried in the course of performing his or her regulated
  282  duties. If the licensee fails to complete the required 4 hours
  283  of annual training during the first year of the 2-year term of
  284  the license, the license shall be automatically suspended. The
  285  licensee must complete the minimum number of hours of range and
  286  classroom training required at the time of initial licensure and
  287  submit proof of completion of such training to the department
  288  before the license may be reinstated. If the licensee fails to
  289  complete the required 4 hours of annual training during the
  290  second year of the 2-year term of the license, the licensee must
  291  complete the minimum number of hours of range and classroom
  292  training required at the time of initial licensure and submit
  293  proof of completion of such training to the department before
  294  the license may be renewed. The department may waive the
  295  firearms training requirement if:
  296         1. The applicant provides proof that he or she is currently
  297  certified as a law enforcement officer or correctional officer
  298  under the Criminal Justice Standards and Training Commission and
  299  has completed law enforcement firearms requalification training
  300  annually during the previous 2 years of the licensure period;
  301         2. The applicant provides proof that he or she is currently
  302  certified as a federal law enforcement officer and has received
  303  law enforcement firearms training administered by a federal law
  304  enforcement agency annually during the previous 2 years of the
  305  licensure period; or
  306         3. The applicant submits a valid firearm certificate among
  307  those specified in s. 493.6105(7)(a) s. 493.6105(6)(a) and
  308  provides proof of having completed requalification training
  309  during the previous 2 years of the licensure period.
  310         (d) Each Class “K” licensee shall additionally submit one
  311  of the certificates specified under s. 493.6105(7) s.
  312  493.6105(6) as proof that he or she remains certified to provide
  313  firearms instruction.
  314         Section 8. This act shall take effect July 1, 2022.
  315  
  316  ================= T I T L E  A M E N D M E N T ================
  317  And the title is amended as follows:
  318         Delete everything before the enacting clause
  319  and insert:
  320                        A bill to be entitled                      
  321         An act relating to private investigative services;
  322         amending s. 493.6105, F.S.; exempting Class “CG”
  323         license applicants from an application fee; providing
  324         application requirements for Class “CG” licenses;
  325         amending s. 493.6106, F.S.; providing requirements for
  326         Class “CG” licensees; amending s. 493.6111, F.S.;
  327         exempting licensed agencies from certain fees relating
  328         to license revisions; amending s. 493.6115, F.S.;
  329         revising requirements relating to certain licensees
  330         carrying firearms; specifying that Class “CG” licenses
  331         remain in effect only while the applicant is employed
  332         as a Class “C” or Class “CC” licensee; conforming
  333         provisions to changes made by the act; amending s.
  334         493.6118, F.S.; specifying when the Department of
  335         Agriculture and Consumer Services may take
  336         disciplinary action against Class “CG” licensees;
  337         conforming a cross-reference; amending s. 493.6201,
  338         F.S.; revising requirements relating to certain
  339         licensees carrying firearms; amending s. 493.6113,
  340         F.S.; conforming cross-references; providing an
  341         effective date.