Bill Text: FL S1018 | 2022 | Regular Session | Comm Sub


Bill Title: Private Investigative Services

Spectrum: Bipartisan Bill

Status: (Failed) 2022-03-14 - Died in Judiciary [S1018 Detail]

Download: Florida-2022-S1018-Comm_Sub.html
       Florida Senate - 2022                             CS for SB 1018
       
       
        
       By the Committee on Commerce and Tourism; and Senator Burgess
       
       
       
       
       
       577-02787-22                                          20221018c1
    1                        A bill to be entitled                      
    2         An act relating to private investigative services;
    3         amending s. 493.6105, F.S.; exempting Class “CG”
    4         license applicants from an application fee; providing
    5         application requirements for Class “CG” licenses;
    6         amending s. 493.6106, F.S.; providing requirements for
    7         Class “CG” licensees; amending s. 493.6111, F.S.;
    8         exempting licensed agencies from certain fees relating
    9         to license revisions; amending s. 493.6115, F.S.;
   10         revising requirements relating to certain licensees
   11         carrying firearms; specifying that Class “CG” licenses
   12         remain in effect only while the applicant is employed
   13         as a Class “C” or Class “CC” licensee; conforming
   14         provisions to changes made by the act; amending s.
   15         493.6118, F.S.; specifying when the Department of
   16         Agriculture and Consumer Services may take
   17         disciplinary action against Class “CG” licensees;
   18         conforming a cross-reference; amending s. 493.6201,
   19         F.S.; revising requirements relating to certain
   20         licensees carrying firearms; amending s. 493.6113,
   21         F.S.; conforming cross-references; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Present subsections (5) through (8) of section
   27  493.6105, Florida Statutes, are redesignated as subsections (6)
   28  through (9), respectively, a new subsection (5) is added to that
   29  section, and subsections (1) and (3) and paragraph (c) of
   30  present subsection (5) of that section are amended, to read:
   31         493.6105 Initial application for license.—
   32         (1) Each individual, partner, or principal officer in a
   33  corporation, shall file with the department a complete
   34  application accompanied by an application fee not to exceed $60,
   35  except that an applicant for a Class “CG,” Class “D,” or Class
   36  “G” license is not required to submit an application fee. An
   37  application fee is not required for an applicant who qualifies
   38  for the fee waiver in s. 493.6107(6). The application fee is not
   39  refundable.
   40         (a) The application submitted by any individual, partner,
   41  or corporate officer must be approved by the department before
   42  the individual, partner, or corporate officer assumes his or her
   43  duties.
   44         (b) Individuals who invest in the ownership of a licensed
   45  agency but do not participate in, direct, or control the
   46  operations of the agency are not required to file an
   47  application.
   48         (3) The application must contain the following information
   49  concerning the individual signing the application:
   50         (a) Name and any aliases.
   51         (b) Age and date of birth.
   52         (c) Place of birth.
   53         (d) Social security number or alien registration number,
   54  whichever is applicable.
   55         (e) Current residence address and mailing address.
   56         (f) A statement of all criminal convictions, findings of
   57  guilt, and pleas of guilty or nolo contendere, regardless of
   58  adjudication of guilt. An applicant for a Class “CG,” Class “G,”
   59  or Class “K” license who is younger than 24 years of age shall
   60  also include a statement regarding any finding of having
   61  committed a delinquent act in any state, territory, or country
   62  which would be a felony if committed by an adult and which is
   63  punishable by imprisonment for a term exceeding 1 year.
   64         (g) One passport-type color photograph taken within the 6
   65  months immediately preceding submission of the application.
   66         (h) A statement whether he or she has ever been adjudicated
   67  incompetent under chapter 744.
   68         (i) A statement whether he or she has ever been committed
   69  to a mental institution under chapter 394.
   70         (j) A full set of fingerprints, a fingerprint processing
   71  fee, and a fingerprint retention fee. The fingerprint processing
   72  and retention fees shall be established by rule of the
   73  department based upon costs determined by state and federal
   74  agency charges and department processing costs, which must
   75  include the cost of retaining the fingerprints in the statewide
   76  automated biometric identification system established in s.
   77  943.05(2)(b) and the cost of enrolling the fingerprints in the
   78  national retained print arrest notification program as required
   79  under s. 493.6108. An applicant who has, within the immediately
   80  preceding 6 months, submitted such fingerprints and fees for
   81  licensing purposes under this chapter and who still holds a
   82  valid license is not required to submit another set of
   83  fingerprints or another fingerprint processing fee. An applicant
   84  who holds multiple licenses issued under this chapter is
   85  required to pay only a single fingerprint retention fee.
   86  Partners and corporate officers who do not possess licenses
   87  subject to renewal under s. 493.6113 are exempt from the
   88  fingerprint retention requirements of this chapter.
   89         (k) A personal inquiry waiver that allows the department to
   90  conduct necessary investigations to satisfy the requirements of
   91  this chapter.
   92         (l) Such further facts as may be required by the department
   93  to show that the individual signing the application is of good
   94  moral character and qualified by experience and training to
   95  satisfy the requirements of this chapter.
   96         (5)In addition to the requirements under subsection (3),
   97  an applicant for a Class “CG” license must submit proof that she
   98  or he:
   99         (a)Has an active license to carry a concealed firearm
  100  issued pursuant to s. 790.06;
  101         (b)Is a retired law enforcement officer who separated from
  102  service in good standing; who, before such separation, served as
  103  a law enforcement officer for at least 10 years; and who
  104  maintains her or his annual firearms proficiency qualification
  105  pursuant to the federal Law Enforcement Officers Safety Act; or
  106         (c)Is an active law enforcement officer who maintains the
  107  annual firearms proficiency qualification required by her or his
  108  agency.
  109         (6)(5) In addition to the requirements outlined in
  110  subsection (3), an applicant for a Class “G” license must
  111  satisfy minimum training criteria for firearms established by
  112  rule of the department, which training criteria includes, but is
  113  not limited to, 28 hours of range and classroom training taught
  114  and administered by a Class “K” licensee; however, no more than
  115  8 hours of such training shall consist of range training. The
  116  department may waive the foregoing firearms training requirement
  117  if:
  118         (c) The applicant submits a valid firearm certificate among
  119  those specified in paragraph (7)(a) (6)(a).
  120         Section 2. Paragraphs (f) and (g) of subsection (1) and
  121  subsection (3) of section 493.6106, Florida Statutes, are
  122  amended to read:
  123         493.6106 License requirements; posting.—
  124         (1) Each individual licensed by the department must:
  125         (f) Be a citizen or permanent legal resident alien of the
  126  United States or have appropriate authorization issued by the
  127  United States Citizenship and Immigration Services of the United
  128  States Department of Homeland Security.
  129         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  130  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  131  “MB,” Class “MR,” or Class “RI” license who is not a United
  132  States citizen must submit proof of current employment
  133  authorization issued by the United States Citizenship and
  134  Immigration Services or proof that she or he is deemed a
  135  permanent legal resident alien by the United States Citizenship
  136  and Immigration Services.
  137         2. An applicant for a Class “CG,” Class “G,” or Class “K”
  138  license who is not a United States citizen must submit proof
  139  that she or he is deemed a permanent legal resident alien by the
  140  United States Citizenship and Immigration Services.
  141         3. An applicant for an agency or school license who is not
  142  a United States citizen or permanent legal resident alien must
  143  submit documentation issued by the United States Citizenship and
  144  Immigration Services stating that she or he is lawfully in the
  145  United States and is authorized to own and operate the type of
  146  agency or school for which she or he is applying. An employment
  147  authorization card issued by the United States Citizenship and
  148  Immigration Services is not sufficient documentation.
  149         (g) Not be prohibited from purchasing or possessing a
  150  firearm by state or federal law if the individual is applying
  151  for a Class “CG,” Class “G,license or a Class “K” license.
  152         (3) Each Class “C,” Class “CC,” Class “CG,” Class “D,”
  153  Class “DI,” Class “E,” Class “EE,” Class “G,” Class “K,” Class
  154  “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI” licensee
  155  shall notify the division in writing within 10 days of a change
  156  in her or his residence or mailing address.
  157         Section 3. Subsection (4) of section 493.6111, Florida
  158  Statutes, is amended to read:
  159         493.6111 License; contents; identification card.—
  160         (4) Notwithstanding the existence of a valid Florida
  161  corporate registration, an agency or school licensee may not
  162  conduct activities regulated under this chapter under any
  163  fictitious name without prior written authorization from the
  164  department to use that name in the conduct of activities
  165  regulated under this chapter. The department may not authorize
  166  the use of a name that is so similar to that of a public officer
  167  or agency, or of that used by another licensee, that the public
  168  may be confused or misled thereby. The authorization for the use
  169  of a fictitious name must require, as a condition precedent to
  170  the use of such name, the filing of a certificate of engaging in
  171  business under a fictitious name under s. 865.09. A licensee may
  172  not conduct business under more than one name except as
  173  separately licensed nor shall the license be valid to protect
  174  any licensee who is engaged in the business under any name other
  175  than that specified in the license. An agency desiring to change
  176  its licensed name must notify the department and, except upon
  177  renewal, pay a fee not to exceed $30 for each license requiring
  178  revision including those of all licensed employees except Class
  179  “CG,” Class “D,” or Class “G” licensees. Upon the return of such
  180  licenses to the department, revised licenses shall be provided.
  181         Section 4. Subsections (2), (4), (5), (6), (8), and (9) of
  182  section 493.6115, Florida Statutes, are amended to read:
  183         493.6115 Weapons and firearms.—
  184         (2)(a)Only Class “C,” Class “CC,” Class “D,” Class “M,”
  185  Class “MA,” or Class “MB” licensees are permitted to bear a
  186  firearm in the performance of their duties only if and any such
  187  licensee also has who bears a firearm shall also have a Class
  188  “G” license.
  189         (b)Class “C” and Class “CC” licensees are permitted to
  190  bear a firearm in the performance of their duties only if such
  191  licensee also has a Class “CG” or Class “G” license.
  192         (4) A Class “C” or Class “CC” licensee who is 21 years of
  193  age or older and has also been issued a Class “CG” or Class “G”
  194  license may carry, in the performance of her or his duties, a
  195  concealed firearm. A Class “D” licensee who is 21 years of age
  196  or older and has also been issued a Class “G” license may carry
  197  a concealed firearm in the performance of her or his duties
  198  under the conditions specified in s. 493.6305(3) and (4). The
  199  Class “CG” or Class “G” license must clearly indicate such
  200  authority. The authority of any such licensee to carry a
  201  concealed firearm is valid in any location throughout the state
  202  while performing services within the scope of the license.
  203         (5)(a) The Class “G” license shall remain in effect only
  204  during the period the applicant is employed as a Class “C,”
  205  Class “CC,” Class “D,” Class “MA,” Class “MB,” or Class “M”
  206  licensee.
  207         (b)The Class “CG” license shall remain in effect only
  208  during the period the applicant is employed as a Class “C” or
  209  Class “CC” licensee.
  210         (6) In addition to any other firearm approved by the
  211  department, a licensee who has been issued a Class “CG” or Class
  212  “G” license may carry a .38 caliber revolver; or a .380 caliber
  213  or 9 millimeter semiautomatic pistol; or a .357 caliber revolver
  214  with .38 caliber ammunition only; or a .40 caliber handgun; or a
  215  .45 ACP handgun while performing duties authorized under this
  216  chapter. A licensee may not carry more than two firearms upon
  217  her or his person when performing her or his duties. A licensee
  218  may only carry a firearm of the specific type and caliber with
  219  which she or he is qualified pursuant to the firearms training
  220  referenced in subsection (8) or s. 493.6113(3)(b).
  221         (8) A Class “G” applicant must satisfy the minimum training
  222  criteria as set forth in s. 493.6105(6) s. 493.6105(5) and as
  223  established by rule of the department.
  224         (9) Whenever a Class “CG” or Class “G” licensee discharges
  225  her or his firearm in the course of her or his duties, the Class
  226  “CG” or Class “G” licensee and the agency by which she or he is
  227  employed shall, within 5 working days, submit to the department
  228  an explanation describing the nature of the incident, the
  229  necessity for using the firearm, and a copy of any report
  230  prepared by a law enforcement agency. The department may revoke
  231  or suspend the Class “CG” or Class “G” licensee’s license and
  232  the licensed agency’s agency license if this requirement is not
  233  met.
  234         Section 5. Present paragraphs (x), (y), and (z) of
  235  subsection (1) of section 493.6118, Florida Statutes, are
  236  redesignated as paragraphs (y), (z), and (aa), respectively, a
  237  new paragraph (x) is added to that subsection, and paragraphs
  238  (v) and (w) of that subsection and paragraph (a) of subsection
  239  (8) of that section are amended, to read:
  240         493.6118 Grounds for disciplinary action.—
  241         (1) The following constitute grounds for which disciplinary
  242  action specified in subsection (2) may be taken by the
  243  department against any licensee, agency, or applicant regulated
  244  by this chapter, or any unlicensed person engaged in activities
  245  regulated under this chapter:
  246         (v) For a Class “K” licensee, failing to maintain active
  247  certification specified under s. 493.6105(7) s. 493.6105(6).
  248         (w) For a Class “CG,” Class “G,” or a Class “K” applicant
  249  or licensee, being prohibited from purchasing or possessing a
  250  firearm by state or federal law.
  251         (x)For a Class “CG” licensee, failing to maintain active
  252  certification or licensure under s. 493.6105(5).
  253         (8)(a) Upon notification by a law enforcement agency, a
  254  court, or the Department of Law Enforcement and upon subsequent
  255  written verification, the department shall temporarily suspend a
  256  Class “CG,” Class “G,” or Class “K” license if the licensee is
  257  arrested or charged with a firearms-related crime that would
  258  disqualify such person from licensure under this chapter. The
  259  department shall notify the licensee suspended under this
  260  section of his or her right to a hearing pursuant to chapter
  261  120. A hearing conducted regarding the temporary suspension must
  262  be for the limited purpose of determining whether the licensee
  263  has been arrested or charged with a disqualifying firearms
  264  related crime.
  265         Section 6. Subsection (7) of section 493.6201, Florida
  266  Statutes, is amended to read:
  267         493.6201 Classes of licenses.—
  268         (7)(a)Only Class “M,or Class “MA,Class “C,” or Class
  269  “CC” licensees are permitted to bear a firearm during the
  270  performance of their duties only if, and any such licensee also
  271  has who bears a firearm shall also have a Class “G” license.
  272         (b)Class “C” and Class “CC” licensees are permitted to
  273  bear a firearm during the performance of their duties only if
  274  such licensee also has a Class “CG” or Class “G” license.
  275         Section 7. Paragraphs (b) and (d) of subsection (3) of
  276  section 493.6113, Florida Statutes, is amended to read:
  277         493.6113 Renewal application for licensure.—
  278         (3) Each licensee is responsible for renewing his or her
  279  license on or before its expiration by filing with the
  280  department an application for renewal accompanied by payment of
  281  the renewal fee and the fingerprint retention fee to cover the
  282  cost of ongoing retention in the statewide automated biometric
  283  identification system established in s. 943.05(2)(b). Upon the
  284  first renewal of a license issued under this chapter before
  285  January 1, 2017, the licensee shall submit a full set of
  286  fingerprints and fingerprint processing fees to cover the cost
  287  of entering the fingerprints into the statewide automated
  288  biometric identification system pursuant to s. 493.6108(4)(a)
  289  and the cost of enrollment in the Federal Bureau of
  290  Investigation’s national retained print arrest notification
  291  program. Subsequent renewals may be completed without submission
  292  of a new set of fingerprints.
  293         (b) Each Class “G” licensee shall additionally submit proof
  294  that he or she has received during each year of the license
  295  period a minimum of 4 hours of firearms requalification training
  296  taught by a Class “K” licensee and has complied with such other
  297  health and training requirements that the department shall adopt
  298  by rule. Proof of completion of firearms requalification
  299  training shall be submitted to the department upon completion of
  300  the training. A Class “G” licensee must successfully complete
  301  this requalification training for each type and caliber of
  302  firearm carried in the course of performing his or her regulated
  303  duties. If the licensee fails to complete the required 4 hours
  304  of annual training during the first year of the 2-year term of
  305  the license, the license shall be automatically suspended. The
  306  licensee must complete the minimum number of hours of range and
  307  classroom training required at the time of initial licensure and
  308  submit proof of completion of such training to the department
  309  before the license may be reinstated. If the licensee fails to
  310  complete the required 4 hours of annual training during the
  311  second year of the 2-year term of the license, the licensee must
  312  complete the minimum number of hours of range and classroom
  313  training required at the time of initial licensure and submit
  314  proof of completion of such training to the department before
  315  the license may be renewed. The department may waive the
  316  firearms training requirement if:
  317         1. The applicant provides proof that he or she is currently
  318  certified as a law enforcement officer or correctional officer
  319  under the Criminal Justice Standards and Training Commission and
  320  has completed law enforcement firearms requalification training
  321  annually during the previous 2 years of the licensure period;
  322         2. The applicant provides proof that he or she is currently
  323  certified as a federal law enforcement officer and has received
  324  law enforcement firearms training administered by a federal law
  325  enforcement agency annually during the previous 2 years of the
  326  licensure period; or
  327         3. The applicant submits a valid firearm certificate among
  328  those specified in s. 493.6105(7)(a) s. 493.6105(6)(a) and
  329  provides proof of having completed requalification training
  330  during the previous 2 years of the licensure period.
  331         (d) Each Class “K” licensee shall additionally submit one
  332  of the certificates specified under s. 493.6105(7) s.
  333  493.6105(6) as proof that he or she remains certified to provide
  334  firearms instruction.
  335         Section 8. This act shall take effect July 1, 2022.

feedback