House Bill hb0455

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    Florida House of Representatives - 2002                 HB 455

        By Representative Kallinger






  1                      A bill to be entitled

  2         An act relating to private investigative,

  3         private security, and repossession services;

  4         amending s. 493.6105, F.S.; revising

  5         requirements for initial application for

  6         licensure to perform private investigative,

  7         private security, and repossession services;

  8         amending s. 493.6106, F.S.; revising license

  9         requirements with respect to private

10         investigative, private security, and

11         repossession services; amending s. 493.6108,

12         F.S.; revising provisions with respect to

13         investigation of applicants by the Department

14         of State; amending s. 493.6111, F.S.;

15         clarifying provisions relating to the conduct

16         of business by a licensee under more than one

17         name; amending s. 493.6113, F.S.; revising

18         notice requirements with respect to license

19         renewal; amending s. 493.6115, F.S.; correcting

20         a cross reference; amending s. 493.6118, F.S.;

21         increasing the administrative fine which may be

22         imposed for a violation of ch. 493, F.S.;

23         amending s. 493.6201, F.S.; providing that the

24         performance of certain services is not

25         creditable toward experience requirements for

26         specified classes of licensure to perform

27         private investigative services; renaming pt. IV

28         of ch. 493, F.S., entitled "Repossession

29         Services" as "Recovery Services"; amending s.

30         493.6401, F.S.; revising terminology; revising

31         requirements with respect to specified classes

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  1         of licensure; amending ss. 493.6402 and

  2         493.6404, F.S.; conforming terminology;

  3         amending s. 493.6403, F.S.; revising training

  4         requirements with respect to a specified class

  5         of license; amending s. 493.6405, F.S.;

  6         conforming terminology with respect to the sale

  7         of, and transfer of proceeds from the sale of,

  8         a recovered motor vehicle, mobile home, or

  9         motorboat; providing a penalty; amending s.

10         493.6406, F.S.; conforming terminology;

11         revising provisions which require recovery

12         agent schools, training facilities, and

13         instructors to apply for departmental approval

14         and pay an application fee; including

15         correspondence schools and distance education

16         programs among entities which may be approved

17         by the department to provide recovery agent

18         instruction and training; reenacting s.

19         493.6121(3), F.S., relating to the authority of

20         the Department of State to investigate

21         noncompliance with ch. 493, F.S., and take

22         appropriate action, for the purpose of

23         incorporating the amendment to s. 493.6118,

24         F.S., in a reference thereto; reenacting s.

25         790.25(3)(o) and (p), F.S., relating to lawful

26         use, ownership, and possession of firearms,

27         other weapons, ammunition, and supplies by

28         investigators employed by public defenders or

29         the capital collateral representative, for the

30         purpose of incorporating the amendment to s.

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  1         493.6108, F.S., in a reference thereto;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Section 493.6105, Florida Statutes, is

  7  amended to read:

  8                           CHAPTER 493

  9      PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND RECOVERY

10                      REPOSSESSION SERVICES

11         493.6105  Initial application for license.--

12         (1)  Each individual, partner, or principal officer in

13  a corporation, shall file with the department a complete

14  application accompanied by an application fee not to exceed

15  $60, except that the applicant for a Class "D" or Class "G"

16  license shall not be required to submit an application fee.

17  The application fee shall not be refundable.

18         (a)  The application submitted by any individual,

19  partner, or corporate officer shall be approved by the

20  department prior to that individual, partner, or corporate

21  officer assuming his or her duties.

22         (b)  Individuals who invest in the ownership of a

23  licensed agency, but do not participate in, direct, or control

24  the operations of the agency shall not be required to file an

25  application.

26         (2)  Each application shall be signed by the individual

27  under oath and shall be notarized.

28         (3)  The application shall contain the following

29  information concerning the individual signing same:

30         (a)  Name and any aliases.

31         (b)  Age and date of birth.

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  1         (c)  Place of birth.

  2         (d)  Social security number or alien registration

  3  number, whichever is applicable.

  4         (e)  Present residence address and his or her residence

  5  addresses within the 5 years immediately preceding the

  6  submission of the application.

  7         (f)  Occupations held presently and within the 5 years

  8  immediately preceding the submission of the application.

  9         (g)  A statement of all convictions, a list of any

10  arrests resulting in a conviction or for which adjudication

11  was withheld, and a certified copy of the final disposition of

12  any such arrest.

13         (h)  A statement whether he or she has ever been

14  adjudicated incompetent under chapter 744.

15         (i)  A statement whether he or she has ever been

16  committed to a mental institution under chapter 394.

17         (j)  A full set of fingerprints on a card provided by

18  the department and a fingerprint fee to be established by rule

19  of the department based upon costs determined by state and

20  federal agency charges and department processing costs.  An

21  applicant who has, within the immediately preceding 6 months,

22  submitted a fingerprint card and fee for licensing purposes

23  under this chapter shall not be required to submit another

24  fingerprint card or fee.

25         (k)  A personal inquiry waiver which allows the

26  department to conduct necessary investigations to satisfy the

27  requirements of this chapter.

28         (l)  One passport-type color photograph taken within

29  the 6 months immediately preceding the submission of the

30  application.

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  1         (m)(l)  Such further facts as may be required by the

  2  department to show that the individual signing the application

  3  is of good moral character and qualified by experience and

  4  training to satisfy the requirements of this chapter.

  5         (4)  In addition to the application requirements

  6  outlined in subsection (3), the applicant for a Class "C,"

  7  Class "CC," Class "E," Class "EE," or Class "G" license shall

  8  submit two color photographs taken within the 6 months

  9  immediately preceding the submission of the application, which

10  meet specifications prescribed by rule of the department. All

11  other applicants shall submit one photograph taken within the

12  6 months immediately preceding the submission of the

13  application.

14         (4)(5)  In addition to the application requirements

15  outlined under subsection (3), the applicant for a Class "C,"

16  Class "E," Class "M," Class "MA," Class "MB," or Class "MR"

17  license shall include a statement on a form provided by the

18  department of the experience which he or she believes will

19  qualify him or her for such license.

20         (5)(6)  In addition to the requirements outlined in

21  subsection (3), an applicant for a Class "G" license shall

22  satisfy minimum training criteria for firearms established by

23  rule of the department, which training criteria shall include,

24  but is not limited to, 28 hours of range and classroom

25  training taught and administered by a Class "K" licensee;

26  however, no more than 8 hours of such training shall consist

27  of range training. If the applicant can show proof that he or

28  she is an active law enforcement officer currently certified

29  under the Criminal Justice Standards and Training Commission

30  or has completed the training required for that certification

31  within the last 12 months, or if the applicant submits one of

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  1  the certificates specified in paragraph (7)(a), the department

  2  may waive the foregoing firearms training requirement. An

  3  applicant for a Class "G" or a Class "K" license who is not a

  4  citizen of the United States must submit documentation issued

  5  by the United States Immigration and Naturalization Service

  6  proving that he or she is a permanent legal resident alien who

  7  has resided in the state for at least 90 consecutive days

  8  prior to the date on which the application is submitted.

  9         (6)(7)  In addition to the requirements under

10  subsection (3), an applicant for a Class "K" license shall:

11         (a)  Submit one of the following certificates:

12         1.  The Florida Criminal Justice Standards and Training

13  Commission Firearms Instructor's Certificate and confirmation

14  by the commission that the applicant is authorized to provide

15  firearms instruction.

16         2.  The National Rifle Association Police Firearms

17  Instructor's Certificate.

18         3.  The National Rifle Association Security Firearms

19  Instructor's Certificate.

20         4.  A Firearms Instructor's Certificate from a federal

21  law enforcement agency or any branch of the Armed Forces of

22  the United States, state, county, or municipal police academy

23  in this state recognized as such by the Criminal Justice

24  Standards and Training Commission or by the Department of

25  Education.

26         (b)  Pay the fee for and pass an examination

27  administered by the department which shall be based upon, but

28  is not necessarily limited to, a firearms instruction manual

29  provided by the department.

30         (7)(8)  In addition to the application requirements for

31  individuals, partners, or officers outlined under subsection

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  1  (3), the application for an agency license shall contain the

  2  following information:

  3         (a)  The proposed name under which the agency intends

  4  to operate.

  5         (b)  The street address, mailing address, and telephone

  6  numbers of the principal location at which business is to be

  7  conducted in this state.

  8         (c)  The street address, mailing address, and telephone

  9  numbers of all branch offices within this state.

10         (d)  The names and titles of all partners or, in the

11  case of a corporation, the names and titles of its principal

12  officers.

13         (8)(9)  Upon submission of a complete application, a

14  Class "CC," Class "C," Class "D," Class "EE," Class "E," Class

15  "M," Class "MA," Class "MB," or Class "MR" applicant may

16  commence employment or appropriate duties for a licensed

17  agency or branch office. However, the Class "C" or Class "E"

18  applicant must work under the direction and control of a

19  sponsoring licensee while his or her application is being

20  processed.  If the department denies application for

21  licensure, the employment of the applicant must be terminated

22  immediately, unless he or she performs only unregulated

23  duties.

24         Section 2.  Paragraph (f) of subsection (1) and

25  subsection (2) of section 493.6106, Florida Statutes, are

26  amended, and a new paragraph (g) is added to subsection (1) of

27  said section, to read:

28         493.6106  License requirements; posting.--

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

30         (f)  Be a citizen or permanent legal resident alien of

31  the United States or, except for Class "G" and Class "K"

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  1  licensees, have proof of current employment have been granted

  2  authorization issued to seek employment in this country by the

  3  United States Immigration and Naturalization Service.

  4         (g)  Not be prohibited from purchasing or possessing a

  5  firearm by any other provision of Florida or federal law.

  6         (2)  Each agency shall have a minimum of one physical

  7  location within this state from which the normal business of

  8  the agency is conducted, and this location shall be considered

  9  the primary office for that agency in this state.

10         (a)  If an agency, school, correspondence school,

11  distance education program, or training facility desires to

12  change the physical location of the business, as it appears on

13  its the agency license, the department must be notified within

14  10 days of the change, and, except upon renewal, the fee

15  prescribed in s. 493.6107 must be submitted for each license

16  requiring revision. Each license requiring revision must be

17  returned with such notification.

18         (b)  The Class "A," Class "B," or Class "R" license and

19  any branch office, or school, correspondence school, distance

20  education program, or training facility license shall at all

21  times be posted in a conspicuous place at the licensed

22  physical location in this state where the business is

23  conducted.

24         (c)  Each Class "A," Class "B," Class "R," branch

25  office, or school, correspondence school, distance education

26  program, or training facility licensee shall display, in a

27  place that is in clear and unobstructed public view, a notice

28  on a form prescribed by the department stating that the

29  business operating at this location is licensed and regulated

30  by the Department of State and that any questions or

31  complaints should be directed to the department.

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  1         (d)  A minimum of one properly licensed manager shall

  2  be designated for each agency and branch office location.

  3         Section 3.  Subsection (1) of section 493.6108, Florida

  4  Statutes, is amended to read:

  5         493.6108  Investigation of applicants by Department of

  6  State.--

  7         (1)  Except as otherwise provided, prior to the

  8  issuance of a license under this chapter, the department shall

  9  make an investigation of the applicant for a license.  The

10  investigation shall include:

11         (a)1.  An examination of fingerprint records and police

12  records. When a criminal history analysis of any applicant

13  under this chapter is performed by means of fingerprint card

14  identification, the time limitations prescribed by s.

15  120.60(1) shall be tolled during the time the applicant's

16  fingerprint card is under review by the Department of Law

17  Enforcement or the United States Department of Justice,

18  Federal Bureau of Investigation.

19         2.  If a legible set of fingerprints, as determined by

20  the Department of Law Enforcement or the Federal Bureau of

21  Investigation, cannot be obtained after two attempts, the

22  Department of State may determine the applicant's eligibility

23  based upon a criminal history record check under the

24  applicant's name conducted by the Department of Law

25  Enforcement if the and the Federal Bureau of Investigation. A

26  set of fingerprints were taken by a law enforcement agency and

27  the applicant submits a written statement signed by the

28  fingerprint technician or a licensed physician stating that

29  there is a physical condition that precludes obtaining a

30  legible set of fingerprints or that the fingerprints taken are

31

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  1  the best that can be obtained is sufficient to meet this

  2  requirement.

  3         (b)  An inquiry to determine if the applicant has been

  4  adjudicated incompetent under chapter 744 or has been

  5  committed to a mental institution under chapter 394.

  6         (c)  Such other investigation of the individual as the

  7  department may deem necessary.

  8         Section 4.  Subsection (4) of section 493.6111, Florida

  9  Statutes, is amended to read:

10         493.6111  License; contents; identification card.--

11         (4)  Notwithstanding the existence of a valid Florida

12  corporate registration, no agency licensee may conduct

13  activities regulated under this chapter under any fictitious

14  name without prior written authorization from the department

15  to use that name in the conduct of activities regulated under

16  this chapter.  The department may not authorize the use of a

17  name which is so similar to that of a public officer or

18  agency, or of that used by another licensee, that the public

19  may be confused or misled thereby.  The authorization for the

20  use of a fictitious name shall require, as a condition

21  precedent to the use of such name, the filing of a certificate

22  of engaging in business under a fictitious name under s.

23  865.09.  No licensee shall be permitted to conduct business

24  under more than one fictitious name except as separately

25  licensed nor shall the license be valid to protect any

26  licensee who is engaged in the business under any name other

27  than that specified in the license. An agency desiring to

28  change its licensed name shall notify the department and,

29  except upon renewal, pay a fee not to exceed $30 for each

30  license requiring revision including those of all licensed

31  employees except Class "D" or Class "G" licensees.  Upon the

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  1  return of such licenses to the department, revised licenses

  2  shall be provided.

  3         Section 5.  Subsection (2) of section 493.6113, Florida

  4  Statutes, is amended to read:

  5         493.6113  Renewal application for licensure.--

  6         (2)  No less than 90 days prior to the expiration date

  7  of the license, the department shall mail a written notice to

  8  the last known mailing residence address for individual

  9  licensees and to the last known agency address for agencies.

10         Section 6.  Subsection (8) of section 493.6115, Florida

11  Statutes, is amended to read:

12         493.6115  Weapons and firearms.--

13         (8)  A Class "G" applicant must satisfy the minimum

14  training criteria as set forth in s. 493.6105(5)(6) and as

15  established by rule of the department.

16         Section 7.  Subsection (2) of section 493.6118, Florida

17  Statutes, is amended to read:

18         493.6118  Grounds for disciplinary action.--

19         (1)  The following constitute grounds for which

20  disciplinary action specified in subsection (2) may be taken

21  by the department against any licensee, agency, or applicant

22  regulated by this chapter, or any unlicensed person engaged in

23  activities regulated under this chapter.

24         (a)  Fraud or willful misrepresentation in applying for

25  or obtaining a license.

26         (b)  Use of any fictitious or assumed name by an agency

27  unless the agency has department approval and qualifies under

28  s. 865.09.

29         (c)  Being found guilty of or entering a plea of guilty

30  or nolo contendere to, regardless of adjudication, or being

31  convicted of a crime that directly relates to the business for

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  1  which the license is held or sought.  A plea of nolo

  2  contendere shall create a rebuttable presumption of guilt to

  3  the underlying criminal charges, and the department shall

  4  allow the individual being disciplined or denied an

  5  application for a license to present any mitigating

  6  circumstances surrounding his or her plea.

  7         (d)  A false statement by the licensee that any

  8  individual is or has been in his or her employ.

  9         (e)  A finding that the licensee or any employee is

10  guilty of willful betrayal of a professional secret or any

11  unauthorized release of information acquired as a result of

12  activities regulated under this chapter.

13         (f)  Proof that the applicant or licensee is guilty of

14  fraud or deceit, or of negligence, incompetency, or

15  misconduct, in the practice of the activities regulated under

16  this chapter.

17         (g)  Conducting activities regulated under this chapter

18  without a license or with a revoked or suspended license.

19         (h)  Failure of the licensee to maintain in full force

20  and effect the general liability insurance coverage required

21  by s. 493.6110.

22         (i)  Impersonating, or permitting or aiding and

23  abetting an employee to impersonate, a law enforcement officer

24  or an employee of the state, the United States, or any

25  political subdivision thereof by identifying himself or

26  herself as a federal, state, county, or municipal law

27  enforcement officer or official representative, by wearing a

28  uniform or presenting or displaying a badge or credentials

29  that would cause a reasonable person to believe that he or she

30  is a law enforcement officer or that he or she has official

31  authority, by displaying any flashing or warning vehicular

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  1  lights other than amber colored, or by committing any act that

  2  is intended to falsely convey official status.

  3         (j)  Commission of an act of violence or the use of

  4  force on any person except in the lawful protection of one's

  5  self or another from physical harm.

  6         (k)  Knowingly violating, advising, encouraging, or

  7  assisting the violation of any statute, court order, capias,

  8  warrant, injunction, or cease and desist order, in the course

  9  of business regulated under this chapter.

10         (l)  Soliciting business for an attorney in return for

11  compensation.

12         (m)  Transferring or attempting to transfer a license

13  issued pursuant to this chapter.

14         (n)  Employing or contracting with any unlicensed or

15  improperly licensed person or agency to conduct activities

16  regulated under this chapter, or performing any act that

17  assists, aids, or abets a person or business entity in

18  engaging in unlicensed activity, when the licensure status was

19  known or could have been ascertained by reasonable inquiry.

20         (o)  Failure or refusal to cooperate with or refusal of

21  access to an authorized representative of the department

22  engaged in an official investigation pursuant to this chapter.

23         (p)  Failure of any partner, principal corporate

24  officer, or licensee to have his or her identification card in

25  his or her possession while on duty.

26         (q)  Failure of any licensee to have his or her license

27  in his or her possession while on duty, as specified in s.

28  493.6111(1).

29         (r)  Failure or refusal by a sponsor to certify a

30  biannual written report on an intern or to certify completion

31

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  1  or termination of an internship to the department within 15

  2  working days.

  3         (s)  Failure to report to the department any person

  4  whom the licensee knows to be in violation of this chapter or

  5  the rules of the department.

  6         (t)  Violating any provision of this chapter.

  7         (u)  In addition to the grounds for disciplinary action

  8  prescribed in paragraphs (a)-(t), Class "R" recovery agencies,

  9  Class "E" recovery agents, and Class "EE" recovery agent

10  interns are prohibited from committing the following acts:

11         1.  Recovering a motor vehicle, mobile home, or

12  motorboat that has been sold under a conditional sales

13  agreement or under the terms of a chattel mortgage before

14  authorization has been received from the legal owner or

15  mortgagee.

16         2.  Charging for expenses not actually incurred in

17  connection with the recovery, transportation, storage, or

18  disposal of a motor vehicle, mobile home, motorboat, or

19  personal property.

20         3.  Using any motor vehicle, mobile home, or motorboat

21  that has been repossessed, or using personal property obtained

22  in a repossession, for the personal benefit of a licensee or

23  an officer, director, partner, manager, or employee of a

24  licensee.

25         4.  Selling a motor vehicle, mobile home, or motorboat

26  recovered under the provisions of this chapter, except with

27  written authorization from the legal owner or the mortgagee

28  thereof.

29         5.  Failing to notify the police or sheriff's

30  department of the jurisdiction in which the repossessed

31  property is recovered within 2 hours after recovery.

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  1         6.  Failing to remit moneys, collected in lieu of

  2  recovery of a motor vehicle, mobile home, or motorboat, to the

  3  client within 10 working days.

  4         7.  Failing to deliver to the client a negotiable

  5  instrument that is payable to the client, within 10 working

  6  days after receipt of such instrument.

  7         8.  Falsifying, altering, or failing to maintain any

  8  required inventory or records regarding disposal of personal

  9  property contained in or on a recovered motor vehicle, mobile

10  home, or motorboat pursuant to s. 493.6404(1).

11         9.  Carrying any weapon or firearm when he or she is on

12  private property and performing duties under his or her

13  license whether or not he or she is licensed pursuant to s.

14  790.06.

15         10.  Soliciting from the legal owner the recovery of

16  property subject to repossession after such property has been

17  seen or located on public or private property if the amount

18  charged or requested for such recovery is more than the amount

19  normally charged for such a recovery.

20         11.  Wearing, presenting, or displaying a badge in the

21  course of repossessing a motor vehicle, mobile home, or

22  motorboat.

23         (2)  When the department finds any violation of

24  subsection (1), it may do one or more of the following:

25         (a)  Deny an application for the issuance or renewal of

26  a license.

27         (b)  Issue a reprimand.

28         (c)  Impose an administrative fine not to exceed $5,000

29  $1,000 for every count or separate offense.

30

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  1         (d)  Place the licensee on probation for a period of

  2  time and subject to such conditions as the department may

  3  specify.

  4         (e)  Suspend or revoke a license.

  5         Section 8.  Subsection (8) of section 493.6201, Florida

  6  Statutes, is amended to read:

  7         493.6201  Classes of licenses.--

  8         (8)  A Class "C" or Class "CC" licensee may perform

  9  bodyguard services without obtaining a Class "D" license;

10  however, such activity is not creditable toward the 2-year

11  experience requirement under s. 493.6203(2) or (4).

12         Section 9.  Subsections (5), (7), and (8) of section

13  493.6401, Florida Statutes, are amended to read:

14                             PART IV

15                  RECOVERY REPOSSESSION SERVICES

16         493.6401  Classes of licenses.--

17         (5)  Any individual who performs recovery repossession

18  as an intern under the direction and control of a designated,

19  sponsoring Class "E" licensee or a designated, sponsoring

20  Class "MR" licensee shall have a Class "EE" license.

21         (7)  Any person who operates a recovery repossessor

22  school or training facility that provides the training

23  required under s. 493.6403(2), whether by classroom

24  instruction, correspondence course, or distance education

25  program, shall have a Class "RS" license. Any person who

26  reapplies for a Class "E" or Class "EE" license after his or

27  her application was denied is not required to retake the

28  training required under s. 493.6403(2) if the previous

29  training was received on or after October 1, 1994, and the

30  reason for denial was not related to insufficient training.

31  Any person who reapplies for a Class "E" or Class "EE" license

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  1  after his or her license has been expired for more than 90

  2  days is not required to retake the training required under s.

  3  493.6403(2) if the previous training was received on or after

  4  October 1, 1994. Any person whose Class "E" or Class "EE"

  5  license has been revoked must retake the training required

  6  under s. 493.6403(2).

  7         (8)  Any individual who teaches or instructs at a Class

  8  "RS" recovery agent repossessor school, correspondence school,

  9  distance education program, or training facility shall have a

10  Class "RI" license.

11         Section 10.  Paragraphs (f) and (g) of subsection (1)

12  of section 493.6402, Florida Statutes, are amended to read:

13         493.6402  Fees.--

14         (1)  The department shall establish by rule biennial

15  license fees which shall not exceed the following:

16         (f)  Class "RS" license--recovery agent repossessor

17  school or training facility:  $60.

18         (g)  Class "RI" license--recovery agent repossessor

19  school or training facility instructor: $60.

20         Section 11.  Paragraphs (b) and (c) of subsection (1)

21  and subsection (2) of section 493.6403, Florida Statutes, are

22  amended to read:

23         493.6403  License requirements.--

24         (1)  In addition to the license requirements set forth

25  in this chapter, each individual or agency shall comply with

26  the following additional requirements:

27         (b)  An applicant for Class "MR" license shall have at

28  least 1 year of lawfully gained, verifiable, full-time

29  experience as a Class "E" licensee performing recoveries

30  repossessions of motor vehicles, mobile homes, or motorboats.

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  1         (c)  An applicant for a Class "E" license shall have at

  2  least 1 year of lawfully gained, verifiable, full-time

  3  experience in one, or a combination of more than one, of the

  4  following:

  5         1.  Recovery Repossession of motor vehicles as defined

  6  in s. 320.01(1), mobile homes as defined in s. 320.01(2), or

  7  motorboats as defined in s. 327.02.

  8         2.  Work as a Class "EE" licensed intern.

  9         (2)  Beginning October 1, 1994, An applicant for a

10  Class "E" or a Class "EE" license must have completed a

11  minimum of 40 hours of professional training from at a school

12  or training facility licensed by the department. Such training

13  may be conducted by classroom instruction, correspondence

14  course, or distance learning program. The department shall by

15  rule establish the general content for the training.

16         Section 12.  Subsections (2) and (3) of section

17  493.6404, Florida Statutes, are amended to read:

18         493.6404  Property inventory; vehicle license

19  identification numbers.--

20         (2)  Within 5 working days after the date of a recovery

21  repossession, the Class "E" or Class "EE" licensee shall give

22  written notification to the debtor of the whereabouts of

23  personal effects or other property inventoried pursuant to

24  this section.  At least 45 days prior to disposing of such

25  personal effects or other property, the Class "E" or Class

26  "EE" licensee shall, by United States Postal Service proof of

27  mailing or certified mail, notify the debtor of the intent to

28  dispose of said property.  Should the debtor, or her or his

29  lawful designee, appear to retrieve the personal property,

30  prior to the date on which the Class "E" or Class "EE"

31  licensee is allowed to dispose of the property, the licensee

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  1  shall surrender the personal property to that individual upon

  2  payment of any reasonably incurred expenses for inventory and

  3  storage.  If personal property is not claimed within 45 days

  4  of the notice of intent to dispose, the licensee may dispose

  5  of the personal property at her or his discretion, except that

  6  illegal items or contraband shall be surrendered to a law

  7  enforcement agency, and the licensee shall retain a receipt or

  8  other proof of surrender as part of the inventory and disposal

  9  records she or he maintains.

10         (3)  Vehicles used for the purpose of recovery

11  repossession by a Class "E" or Class "EE" licensee must be

12  identified during repossession by the license number of the

13  Class "R" agency only, local ordinances to the contrary

14  notwithstanding. These vehicles are not "wreckers" as defined

15  in s. 713.78. The license number must be displayed on both

16  sides of the vehicle and must appear in lettering no less than

17  4 inches tall and in a color contrasting from that of the

18  background.

19         Section 13.  Section 493.6405, Florida Statutes, is

20  amended to read:

21         493.6405  Sale of motor vehicle, mobile home, or

22  motorboat by a licensee; penalty.--

23         (1)  A Class "E" or Class "EE" licensee shall obtain,

24  prior to sale, written authorization and a negotiable title

25  from the owner or lienholder to sell any recovered repossessed

26  motor vehicle, mobile home, or motorboat.

27         (2)  A Class "E" or Class "EE" licensee shall send the

28  net proceeds from the sale of such recovered repossessed motor

29  vehicle, mobile home, or motorboat to the owner or lienholder,

30  within 20 working days after the licensee executes the

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  1  documents which permit the transfer of legal ownership to the

  2  purchaser.

  3         (3)  A person who violates a provision of this section

  4  commits a felony of the third degree, punishable as provided

  5  in s. 775.082, s. 775.083, or s. 775.084.

  6         Section 14.  Subsections (1) and (3) of section

  7  493.6406, Florida Statutes, are amended to read:

  8         493.6406  Recovery agent Repossession services school

  9  or training facility.--

10         (1)  Any school, training facility, or instructor who

11  offers the training outlined in s. 493.6403(2) for Class "E"

12  or Class "EE" applicants shall, before licensure of such

13  school, training facility, or instructor, file with the

14  department an application accompanied by an application fee in

15  an amount to be determined by rule, not to exceed $60.  The

16  fee shall not be refundable.

17         (3)  The department shall adopt rules establishing the

18  criteria for approval of schools, training facilities,

19  correspondence schools, distance education programs, and

20  instructors.

21         Section 15.  For the purpose of incorporating the

22  amendment to section 493.6118, Florida Statutes, in references

23  thereto, the sections or subdivisions of Florida Statutes set

24  forth below are reenacted to read:

25         493.6121  Enforcement; investigation.--

26         (3)  The department shall have the authority to

27  investigate any licensed or unlicensed person, firm, company,

28  partnership, or corporation when such person, firm, company,

29  partnership, or corporation is advertising as providing or is

30  engaged in performing services which require licensure under

31  this chapter or when a licensee is engaged in activities which

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  1  do not comply with or are prohibited by this chapter; and the

  2  department shall have the authority to issue an order to cease

  3  and desist the further conduct of such activities, or seek an

  4  injunction, or take other appropriate action pursuant to s.

  5  493.6118(2)(a) or (c).

  6         Section 16.  For the purpose of incorporating the

  7  amendment to section 493.6108, Florida Statutes, in references

  8  thereto, the sections or subdivisions of Florida Statutes set

  9  forth below are reenacted to read:

10         790.25  Lawful ownership, possession, and use of

11  firearms and other weapons.--

12         (3)  LAWFUL USES.--The provisions of ss. 790.053 and

13  790.06 do not apply in the following instances, and, despite

14  such sections, it is lawful for the following persons to own,

15  possess, and lawfully use firearms and other weapons,

16  ammunition, and supplies for lawful purposes:

17         (o)  Investigators employed by the several public

18  defenders of the state, while actually carrying out official

19  duties, provided such investigators:

20         1.  Are employed full time;

21         2.  Meet the official training standards for firearms

22  established by the Criminal Justice Standards and Training

23  Commission as provided in s. 943.12(5) and the requirements of

24  ss. 493.6108(1)(a) and 943.13(1)-(4); and

25         3.  Are individually designated by an affidavit of

26  consent signed by the employing public defender and filed with

27  the clerk of the circuit court in the county in which the

28  employing public defender resides.

29         (p)  Investigators employed by the capital collateral

30  representative, while actually carrying out official duties,

31  provided such investigators:

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  1         1.  Are employed full time;

  2         2.  Meet the official training standards for firearms

  3  as established by the Criminal Justice Standards and Training

  4  Commission as provided in s. 943.12(1) and the requirements of

  5  ss. 493.6108(1)(a) and 943.13(1)-(4); and

  6         3.  Are individually designated by an affidavit of

  7  consent signed by the capital collateral representative and

  8  filed with the clerk of the circuit court in the county in

  9  which the investigator is headquartered.

10         Section 17.  This act shall take effect upon becoming a

11  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises general provisions relating to private
  4    investigative, private security, and repossession
      services. Revises requirements for initial application
  5    for licensure to perform such services, license
      requirements, and provisions with respect to
  6    investigation of applicants by the Department of State.
      Clarifies provisions relating to the conduct of business
  7    by a licensee under more than one name. Revises notice
      requirements with respect to license renewal. Increases
  8    the administrative fine which may be imposed for a
      violation of ch. 493, F.S.
  9

10    With respect to private investigative services, provides
      that the performance of certain services is not
11    creditable toward experience requirements for specified
      classes of licensure to perform private investigative
12    services.

13
      Renames pt. IV of ch. 493, F.S., entitled "Repossession
14    Services" as "Recovery Services." Revises terminology.
      Revises requirements with respect to specified classes of
15    licensure. Revises training requirements with respect to
      a specified class of license. Conforms terminology with
16    respect to the sale of, and transfer of proceeds from the
      sale of, a recovered motor vehicle, mobile home, or
17    motorboat. Provides a penalty. Revises provisions which
      require recovery agent schools, training facilities, and
18    instructors to apply for departmental approval and pay an
      application fee. Includes correspondence schools and
19    distance education programs among entities which may be
      approved by the department to provide recovery agent
20    instruction and training.

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