HB 1119

1
A bill to be entitled
2An act relating to private investigative, private
3security, and repossession services; amending s. 493.6106,
4F.S.; increasing the minimum age required for certain
5licensees; amending s. 493.6110, F.S.; revising agency
6insurance requirements and limiting such requirements to
7security agencies; amending s. 493.6113, F.S., relating to
8licensure renewal; conforming a provision requiring
9certification of insurance coverage; requiring certain
10licensees to complete specified continuing education that
11includes terrorism awareness; requiring the Department of
12Agriculture and Consumer Services to establish by rule
13criteria for the approval of continuing education courses
14and providers and the form for certificates of completion;
15amending s. 493.6118, F.S.; conforming a ground for
16disciplinary action relating to failure to maintain
17required insurance coverage, for which there are
18penalties; amending s. 493.6202, F.S.; providing
19examination fees for private investigators and private
20investigator interns; amending s. 493.6203, F.S.;
21requiring passage of an examination for licensure as a
22private investigator; providing exemption for certain
23licensees; requiring reexamination for relicensure under
24certain circumstances; requiring successful completion of
25certain coursework and passage of an examination for
26licensure as a private investigator intern; requiring the
27department to establish by rule the general content and
28the form for certificates of completion of such training
29and criteria for the examination; requiring reexamination
30for relicensure under certain circumstances; providing an
31effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Paragraph (a) of subsection (1) of section
36493.6106, Florida Statutes, is amended to read:
37     493.6106  License requirements; posting.--
38     (1)  Each individual licensed by the department must:
39     (a)  Be at least 18 years of age, except that each
40individual licensed by the department in Class "C," Class "MA,"
41or Class "M" must be at least 21 years of age.
42     Section 2.  Section 493.6110, Florida Statutes, is amended
43to read:
44     493.6110  Licensee's insurance.--No Class "B" agency
45license shall be issued unless the applicant first files with
46the department a certification of insurance evidencing
47commercial general liability coverage as delineated below. The
48coverage shall provide the department as an additional insured
49for the purpose of receiving all notices of modification or
50cancellation of such insurance. Coverage shall be written by an
51insurance company which is lawfully engaged to provide insurance
52coverage in Florida. Coverage shall provide for a combined
53single-limit policy in the amount of at least $300,000, which
54policy shall include comprehensive general liability coverage
55for death, bodily injury, property damage, and personal injury
56coverage including false arrest, detention or imprisonment,
57malicious prosecution, libel, slander, defamation of character,
58and violation of the right of privacy. Coverage shall insure for
59the liability of all employees licensed by the department while
60acting in the course of their employment.
61     (1)  The licensed agency shall notify the department of any
62claim against such insurance.
63     (2)  The licensed agency shall notify the department
64immediately upon cancellation of the insurance policy, whether
65such cancellation was initiated by the insurance company or the
66insured agency.
67     (3)  The agency license shall be automatically suspended
68upon the date of cancellation unless evidence of insurance is
69provided to the department prior to the effective date of
70cancellation.
71     Section 3.  Subsection (3) of section 493.6113, Florida
72Statutes, is amended to read:
73     493.6113  Renewal application for licensure.--
74     (3)  Each licensee shall be responsible for renewing his or
75her license on or before its expiration by filing with the
76department an application for renewal accompanied by payment of
77the prescribed license fee.
78     (a)  Each Class "A," Class "B," or Class "R" licensee shall
79additionally submit on a form prescribed by the department a
80certification of insurance which evidences that the licensee
81maintains adequate commercial general liability coverage as
82required under s. 493.6110.
83     (b)  Each Class "G" licensee shall additionally submit
84proof that he or she has received during each year of the
85license period a minimum of 4 hours of firearms recertification
86training taught by a Class "K" licensee and has complied with
87such other health and training requirements which the department
88may adopt by rule. If proof of a minimum of 4 hours of annual
89firearms recertification training cannot be provided, the
90renewal applicant shall complete the minimum number of hours of
91range and classroom training required at the time of initial
92licensure.
93     (c)  Each Class "DS" or Class "RS" licensee shall
94additionally submit the current curriculum, examination, and
95list of instructors.
96     (d)  Each Class "C," Class "CC," Class "M," Class "MA,"
97Class "K," Class "E," Class "EE," Class "MR," and Class "RI"
98licensee must provide proof, in a form established by rule of
99the department, that the licensee has completed not less than 4
100hours of continuing education in the law and rules regulating
101the profession, including criminal law, court decisions, and
102legal opinions that affect the profession, and 2 hours of
103continuing education in terrorism awareness, presented by
104approved providers, during the biennium since issuance or last
105renewal of the license.
106     (e)  The department shall by rule establish criteria for
107the approval of courses and providers, including requirements
108relating to course contents and provider expertise. In order to
109obtain approval as a provider or guest lecturer, the person must
110be qualified by education or experience in the specific area of
111instruction to be presented.
112     (f)  Approved continuing education training shall be
113conducted at various locations within or outside the state at
114times convenient for licensees, including weekends. Approved
115providers must verify the identity and license number of each
116licensee receiving the training by presentation of the personal
117license and shall issue a certificate of completion to each
118licensee who successfully completes the approved courses. The
119certificate shall be on a form established by rule of the
120department and must be submitted with the application for
121renewal of licensure.
122     Section 4.  Paragraph (h) of subsection (1) of section
123493.6118, Florida Statutes, is amended to read:
124     493.6118  Grounds for disciplinary action.--
125     (1)  The following constitute grounds for which
126disciplinary action specified in subsection (2) may be taken by
127the department against any licensee, agency, or applicant
128regulated by this chapter, or any unlicensed person engaged in
129activities regulated under this chapter.
130     (h)  Failure of the Class "B" licensee to maintain in full
131force and effect adequate commercial the general liability
132insurance coverage required by s. 493.6110.
133     Section 5.  Paragraphs (f) and (g) are added to subsection
134(1) of section 493.6202, Florida Statutes, to read:
135     493.6202  Fees.--
136     (1)  The department shall establish by rule examination and
137biennial license fees, which shall not exceed the following:
138     (f)  Fee for the examination for private investigator:
139$100.
140     (g)  Fee for the examination for private investigator
141intern: $100.
142     Section 6.  Section 493.6203, Florida Statutes, is amended
143to read:
144     493.6203  License requirements.--In addition to the license
145requirements set forth elsewhere in this chapter, each
146individual or agency shall comply with the following additional
147requirements:
148     (1)  Each agency or branch office shall designate a minimum
149of one appropriately licensed individual to act as manager,
150directing the activities of the Class "C" or Class "CC"
151employees.
152     (2)  An applicant for a Class "MA" license shall have at
153least 2 years of lawfully gained, verifiable, full-time
154experience, or training in:
155     (a)  Private investigative work or related fields of work
156that provided equivalent experience or training;
157     (b)  Work as a Class "CC" licensed intern;
158     (c)  Any combination of paragraphs (a) and (b);
159     (d)  Experience described in paragraph (a) for at least 1
160year and experience described as follows in paragraph (e) for 1
161year;
162     (e)  no more than 1 year using:
163     1.  College coursework related to criminal justice,
164criminology, or law enforcement administration; or
165     2.  Successfully completed law enforcement-related training
166received from any federal, state, county, or municipal agency;
167or
168     (e)(f)  Experience described in paragraph (a) for at least
1691 year and work in a managerial or supervisory capacity for at
170least 1 year.
171     (3)  An applicant for a Class "M" license shall qualify for
172licensure as a Class "MA" manager as outlined under subsection
173(2) and as a Class "MB" manager as outlined under s.
174493.6303(2).
175     (4)  An applicant for a Class "C" license shall have 2
176years of lawfully gained, verifiable, full-time experience, or
177training in one, or a combination of more than one, of the
178following:
179     (a)  Private investigative work or related fields of work
180that provided equivalent experience or training.
181     (b)  College coursework related to criminal justice,
182criminology, or law enforcement administration, or successful
183completion of any law enforcement-related training received from
184any federal, state, county, or municipal agency, except that no
185more than 1 year may be used from this category.
186     (c)  Work as a Class "CC" licensed intern.
187     (5)(a)  Beginning July 1, 2004, an applicant for a Class
188"C" license who meets the experience criteria in subsection (4)
189must also pass an examination on the provisions of this chapter,
190which shall be administered by the department or an examination
191provider approved by the department. The applicant is not
192required to pass the examination prior to submission of the
193application but must do so prior to issuance of the license. The
194administrator of the examination must verify the identity of
195each applicant taking the examination.
196     (b)  The examination requirements of paragraph (a) do not
197apply to any individual who holds a valid Class "CC," Class "C,"
198Class "MA," or Class "M" license issued on or before July 1,
1992004.
200     (c)  Notwithstanding the exemption in paragraph (b), any
201individual whose license has been invalid for any reason for
202more than 1 year must successfully pass the examination, even if
203previously taken, prior to issuance of the Class "C" license
204being applied for under this subsection.
205     (6)(a)  Beginning July 1, 2004, an applicant for a Class
206"CC" license must have completed within the preceding 12 months
207a minimum 40-hour course from a school, college, or university
208regulated by the Department of Education which relates to
209general investigative techniques and the provisions of this
210chapter and must also pass an examination, which shall be
211administered by the Department of Agriculture and Consumer
212Services or an examination provider approved by such department.
213The training required by this subsection may be provided on-
214line, by live presentation, or by home study in accordance with
215rules and procedures of the Department of Education. The
216administrator of the examination must verify the identity of
217each applicant taking the examination.
218     (b)  Upon successful completion of the approved course, the
219school, college, or university shall issue a certificate of
220completion to the applicant. The certificate shall be on a form
221established by rule of the department and must be submitted with
222the application for the Class "CC" license.
223     (c)  The department shall by rule establish the general
224content of the training and criteria for the examination
225required by this subsection.
226     (d)  Any individual whose Class "CC" license has been
227invalid for any reason for more than 1 year must complete the
228training and examination, even if previously taken, prior to
229issuance of the Class "CC" license being applied for under this
230subsection.
231     (7)(5)  A Class "CC" licensee shall serve an internship
232under the direction and control of a designated sponsor, who is
233a Class "C," Class "MA," or Class "M" licensee.
234     (8)(6)  In addition to any other requirement, an applicant
235for a Class "G" license shall satisfy the firearms training set
236forth in s. 493.6115.
237     Section 7.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.