Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. PCS (618666) for SB 868
Barcode 365502
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2009 .
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The Committee on Agriculture (Dean) recommended the following:
1 Senate Amendment
2
3 Delete lines 472 - 558
4 and insert:
5 Section 10. Section 493.6105, Florida Statutes, is amended
6 to read:
7 493.6105 Initial application for license.—
8 (1) Each individual, partner, or principal officer in a
9 corporation, shall file with the department a complete
10 application accompanied by an application fee not to exceed $60,
11 except that the applicant for a Class “D” or Class “G” license
12 shall not be required to submit an application fee. The
13 application fee shall not be refundable.
14 (a) The application submitted by any individual, partner,
15 or corporate officer shall be approved by the department prior
16 to that individual, partner, or corporate officer assuming his
17 or her duties.
18 (b) Individuals who invest in the ownership of a licensed
19 agency, but do not participate in, direct, or control the
20 operations of the agency shall not be required to file an
21 application.
22 (2) Each application shall be signed and verified by the
23 individual under oath as provided in s. 95.525 and shall be
24 notarized.
25 (3) The application shall contain the following information
26 concerning the individual signing same:
27 (a) Name and any aliases.
28 (b) Age and date of birth.
29 (c) Place of birth.
30 (d) Social security number or alien registration number,
31 whichever is applicable.
32 (e) Present residence address and his or her residence
33 addresses within the 5 years immediately preceding the
34 submission of the application.
35 (f) Occupations held presently and within the 5 years
36 immediately preceding the submission of the application.
37 (f)(g) A statement of all criminal convictions, findings of
38 guilt, and pleas of guilty or nolo contendere, regardless of
39 adjudication of guilt.
40 (g) One passport-type color photograph taken within the 6
41 months immediately preceding submission of the application.
42 (h) A statement whether he or she has ever been adjudicated
43 incompetent under chapter 744.
44 (i) A statement whether he or she has ever been committed
45 to a mental institution under chapter 394.
46 (j) A full set of fingerprints on a card provided by the
47 department and a fingerprint fee to be established by rule of
48 the department based upon costs determined by state and federal
49 agency charges and department processing costs. An applicant who
50 has, within the immediately preceding 6 months, submitted a
51 fingerprint card and fee for licensing purposes under this
52 chapter shall not be required to submit another fingerprint card
53 or fee.
54 (k) A personal inquiry waiver which allows the department
55 to conduct necessary investigations to satisfy the requirements
56 of this chapter.
57 (l) Such further facts as may be required by the department
58 to show that the individual signing the application is of good
59 moral character and qualified by experience and training to
60 satisfy the requirements of this chapter.
61 (4) In addition to the application requirements outlined in
62 subsection (3), the applicant for a Class “C,” Class “CC,” Class
63 “E,” Class “EE,” or Class “G” license shall submit two color
64 photographs taken within the 6 months immediately preceding the
65 submission of the application, which meet specifications
66 prescribed by rule of the department. All other applicants shall
67 submit one photograph taken within the 6 months immediately
68 preceding the submission of the application.
69 (4)(5) In addition to the application requirements outlined
70 under subsection (3), the applicant for a Class “C,” Class “E,”
71 Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
72 include a statement on a form provided by the department of the
73 experience which he or she believes will qualify him or her for
74 such license.
75 (5)(6) In addition to the requirements outlined in
76 subsection (3), an applicant for a Class “G” license shall
77 satisfy minimum training criteria for firearms established by
78 rule of the department, which training criteria shall include,
79 but is not limited to, 28 hours of range and classroom training
80 taught and administered by a Class “K” licensee; however, no
81 more than 8 hours of such training shall consist of range
82 training. If the applicant can show proof that he or she is an
83 active law enforcement officer currently certified under the
84 Criminal Justice Standards and Training Commission or has
85 completed the training required for that certification within
86 the last 12 months, or if the applicant submits one of the
87 certificates specified in paragraph (6)(a) paragraph (7)(a), the
88 department may waive the foregoing firearms training
89 requirement.
90 (6)(7) In addition to the requirements under subsection
91 (3), an applicant for a Class “K” license shall:
92 (a) Submit one of the following certificates:
93 1. The Florida Criminal Justice Standards and Training
94 Commission Firearms Instructor’s Certificate and confirmation by
95 the commission that the applicant is authorized to provide
96 firearms instruction.
97 2. The National Rifle Association Law Enforcement Police
98 Firearms Instructor’s Certificate.
99 3. The National Rifle Association Security Firearms
100 Instructor’s Certificate.
101 3.4. A firearms instructor’s training certificate issued by
102 any branch of the United States Armed Forces, from a federal law
103 enforcement academy or agency, state, county, or municipal
104 police academy in this state recognized as such by the Criminal
105 Justice Standards and Training Commission or by the Department
106 of Education.
107 (b) Pay the fee for and pass an examination administered by
108 the department which shall be based upon, but is not necessarily
109 limited to, a firearms instruction manual provided by the
110 department.
111 (7)(8) In addition to the application requirements for
112 individuals, partners, or officers outlined under subsection
113 (3), the application for an agency license shall contain the
114 following information:
115 (a) The proposed name under which the agency intends to
116 operate.
117 (b) The street address, mailing address, and telephone
118 numbers of the principal location at which business is to be
119 conducted in this state.
120 (c) The street address, mailing address, and telephone
121 numbers of all branch offices within this state.
122 (d) The names and titles of all partners or, in the case of
123 a corporation, the names and titles of its principal officers.
124 (8)(9) Upon submission of a complete application, a Class
125 “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
126 Class “MA,” Class “MB,” or Class “MR” applicant may commence
127 employment or appropriate duties for a licensed agency or branch
128 office. However, the Class “C” or Class “E” applicant must work
129 under the direction and control of a sponsoring licensee while
130 his or her application is being processed. If the department
131 denies application for licensure, the employment of the
132 applicant must be terminated immediately, unless he or she
133 performs only unregulated duties.