Published on: 20573620. Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies, Agency Reporting Requirements
Published on: 20573523. Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies, Agency Reporting Requirements
Published on: 20240231. This rulemaking creates new rule 5N-1.142, which establishes reporting requirements for agencies upon: (1) the employment or termination of a chapter 493 licensee; (2) the withdrawal, removal, replacement or addition of an agency partner or officer; and (3) the discharge of a firearm by an employee. Applicable language in rule 5N-1.120, will be moved into this new reporting rule. The effect of this rule will be to enhance agency regulatory compliance by providing clear and detailed instructions regarding statutory reporting obligations.
Published on: 20234993. This rulemaking creates new rule 5N-1.142, which establishes reporting requirements for agencies upon: (1) the employment or termination of a chapter 493 licensee; (2) the withdrawal, removal, replacement or addition of an agency partner or officer; and (3) the discharge of a firearm by an employee. Applicable language in rule 5N-1.120, will be moved into this new reporting rule. The effect of this rule will be to enhance agency regulatory compliance by providing clear and detailed instructions regarding statutory reporting obligations.
Published on: 19235505. This rulemaking creates new rule 5N-1.142, establishing reporting requirements for agencies upon the employment or termination of a chapter 493 licensee, or the withdrawal, removal, replacement or addition of an agency partner or officer. Language will be moved from existing rule 5N-1.120, for inclusion in this new reporting rule. The effect will be to provide clear instruction to fulfill these agency statutory obligations.
Published on: 13484472. In its current version, this rule restricts out-of-state security personnel from coming into the state of Florida to provide security services during an officially declared state of emergency unless the security personnel are employed by a security agency already licensed in Florida under the provisions of Chapter 493. The rule has not been substantially revised or updated since the early 1990s. The recommended changes are intended to achieve the following objectives.
1. The proposed language will revise this rule to establish up-to-date conditions that out-of-state security personnel must meet and abide by in order to enter Florida to provide services during a declared emergency. Specifically, out-of-state personnel must meet following criteria:
a. they must be licensed as security personnel in their home state;
b. they must have received some minimum formal training in the security field; and,
c. they must have passed a criminal background check as part of the licensure process.
2. The rule will also allow out-of-state security personnel to carry whatever firearms and ammunition that are allowed under their home state's laws and rules, except that rifles and shotguns will be prohibited.
3. The revised rule will retain the requirement that out-of-state security personnel must be in agent or employee of a security agency already licensed in accordance with the laws of Florida; however, the rule will contain an exemption that will allow security personnel who are solely employed by a utility company (electric, gas, water, etc.) to come into Florida to assist Florida utilities with infrastructure repair and service restoration.
4. The rule specifically allows currently certified and active law enforcement officers to provide security services during a declared state of emergency.
5. The rule specifies that out-of-state security personnel providing security services during a declared state of emergency will be subject to the authority of Chapter 493, Florida Statutes, and rule chapter 5N-1 while in this state, and they will be granted authority to work in Florida only for the duration of the declared state of emergency.
Published on: 13101904. This rule imposes rather narrow restrictions, allowing only those security agencies already licensed in the State of Florida under the authority of Chapter 493, Florida Statutes, to bring in security personnel from outside the state to provide emergency security services after a formal declaration of a state of emergency by the Governor of the state of Florida or by an appropriate federal agency. Because it is so restrictive in its current form, the rule poses a potential risk to the citizens of Florida in that it inhibits the ability of qualified out-of-state security service providers to come into Florida in the wake of a catastrophic natural disaster or other emergency situation that has had large-scale impacts on property, infrastructure, and the health and welfare of this state's citizens. The proposed revision to this rule will relax these restrictions, allowing security personnel duly licensed in their home state to enter Florida to provide emergency security services without having to be licensed under Florida and without having to be employed by a security agency already doing business in the state of Florida. Security personnel coming into the state must meet three conditions imposed by the rule: (1) they must be licensed as security personnel in their home state; (2) they must have received formal training as security officers; and (3) they must have been subjected to a background check as part of the determination of eligibility for licensure. The proposed revision also establishes limits with respect to the kinds of firearms and ammunition that out-of-state security personnel can carry. Finally, the rule also stipulates that currently certified and active law enforcement officers licensed from other states can also enter Florida to provide security services during a state of emergency.