This proposed rulemaking effectuates amendments to chapter 493, FS, passed during the 2016 legislative session, requiring Division licensees have their fingerprints entered into and retained within, the statewide automated biometric identification ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.: RULE TITLE:

5N-1.116: Classification of Licenses; Insurance; Fees

PURPOSE AND EFFECT: This proposed rulemaking effectuates amendments to chapter 493, F.S., passed during the 2016 legislative session, requiring Division licensees have their fingerprints entered into and retained within, the statewide automated biometric identification system established in s. 943.05(2)(b), F.S. and the national retained print arrest notification program required under s. 493.6108. Additional amendments remove language duplicative of statutory requirements, organize existing license and examination fees into biennial and triennial licenses, and update a citation to, and remove an outdated website for, an agency form. The effect will be to ensure implementation of a statutory mandate while updating the Division’s rule.

SUMMARY: Fingerprint Retention Fees and other technical rule amendments.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The Department based its decision upon the fact that fees associated with fingerprint retention are flow-through dollars to the Florida Department of Law Enforcement (FDLE) charged by FDLE to cover the cost of the statewide automated biometric identification system established in s. 943.05(2)(b), and the cost of enrolling the fingerprints in the national retained print arrest notification program required under s. 493.6108. An additional $4.75 per licensee spread out over a biennial and/or triennial license period has been calculated within proposed fees to cover costs associated with licensee non-renewals in relation to FDLE charging practices. This fee does not reach the threshold established in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 215.405, 493.6103, 493.6105(3)(j), 493.6107, 493.6202, 493.6203(5), 493.6302, 493.6402, F.S.

LAW IMPLEMENTED: 215.405, 493.6105(1), 493.6105(3)(j), 493.6107, 493.6110, 493.6115(13), 493.6201, 493.6202, 493.6203(5), 493.6301, 493.6302, 493.6401, 493.6402, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Roberts, Government Analyst I, Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 5708, Tallahassee, Florida 32314, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5N-1.116: Classification of Licenses; Insurance; Fees

(1) Classifications. The following shall be the classifications of licenses:

PRIVATE INVESTIGATION
Agency	Class “A”
Private Investigator	Class “C”
Armed Private Investigator	Class “C” & Class “G”
Branch Office	Class “AA”
Manager	Class “C” or Class “MA” or Class “M”
Intern	Class “CC”
PRIVATE SECURITY
Agency	Class “B”
Security Officer	Class “D”
Armed Security Officer	Class “D” & Class “G”
Branch Office	Class “BB”
Manager	Class “MB” or Class “M”
REPOSSESSION ACTIVITY
Agency	Class “R”
Recovery Agent	Class “E”
Branch Office	Class “RR”
Manager	Class “MR” or Class “E”
Intern	Class “EE”
COMBINED PRIVATE INVESTIGATION AND SECURITY
Agency	Class “A” & Class “B”
Branch Office	Class “AB”
Manager	Class “M”
SCHOOLS
Security Officer School or Training Facility	Class “DS”
Security Officer Instructor	Class “DI”
Recovery Agent School or Training Facility	Class “RS”
Recovery Agent Instructor	Class “RI”
FIREARMS
Instructor	Class “K”
Statewide Firearm License	Class “G”
MANAGERS
Private Investigative Agency or Branch	Class “C”, “MA”, or “M”
Private Security Agency or Branch	Class “MB” or “M”
Recovery Agency or Branch	Class “E” or “MR”
Armed Manager	Appropriate Manager’s License and Class “G”

(2) Insurance. Each Class “B” agency must file Form DACS-16004, Certification of Insurance, effective 1/06, as incorporated in subsection 5N-1.100 (6) (4), F.A.C., and available at http://licgweb.doacs.state.fl.us/forms/index.html, evidencing commercial general liability coverage issued by an insurance company licensed in Florida that  provides coverage for the actions of all licensed employees in an amount and manner as delineated in Section 493.6110, F.S.

(a) through (c) No change.

(2)(3) License and , Examination and Fingerprint Fees.

(a) The fees for the following biennial licenses issued under this chapter are as follows:

1. Class “A” license. Private Investigative Agency: $450,

2. Class “B” license. Security Agency: $450,

3. Class “R” license. Recovery Agency: $450,

4. Class “C” license. Private Investigator: $75, .

2.5. Class “D” license. Security Officer: $45, .

3.6. Class “E” license. Recovery Agent: $75, .

4.7. Class “CC” license. Private Investigator Intern License: $60, .

5.8. Class “EE” license. Recovery Agent Intern: $60, .

6.9. Class “G” license. Statewide Firearm License Permit: $112, .

10. Class “K” license. Firearms Instructor: $100,

11. Class “AA”, “BB”, “AB”, “RR” license. Branch Office: $125,

7.12. Class “M”, “MA”, “MB”, or “MR” license. Agency or Branch Manager: $75, .

8.13. Class “DS” license. Security Officer School or Training Facility: $60, .

9.14. Class “DI” license. Security Officer Instructor: $60, .

10.15. Class “RS” license. Recovery Agent School or Training Facility: $60, .

11.16. Class “RI” license. Recovery Agent Instructor: $60.

(b) The fees for the following triennial licenses issued under this chapter are as follows:

1. Class “A” license. Private Investigative Agency: $450.

2. Class “B” license. Security Agency: $450.

3.  Class “K” license. Firearms Instructor: $100.

4. Class “R” license. Recovery Agency: $450.

5. Class “AA”, “BB”, “AB”, “RR” license. Branch Office: $125.

(c) The application fee for all license types shall be $50, except Class “D” and “G” which shall have no application fee. Prescribed application fees shall be submitted with the application.

(d)(c) The fee for replacement or revision of laminated licenses shall be $15. All other licenses may be replaced or revised for $10.

(e)(d) The examination fee for Class “K” firearms instructors shall be $50.

(f)(e) The examination fee for Class “M,” “MA,” and “C” examinations shall be $100.

(g)(f) Prescribed license fees for Class “C”, “CC”, “D”, “E”, “EE”, “G”, “M”, “MA”, “MB” and “MR” licenses shall be submitted with the application. For all other license types, the prescribed license fee shall be submitted upon notification by the Division that the application has been approved.

(g) All applications for licensure shall include the required set of fingerprint cards and a fingerprint processing fee. A processing fee of $42 shall accompany each set of fingerprints filed with the Division.

(h) The processing fee for temporary Class “G” licensure shall be $15.

(3) Fingerprint Fees.

(a) Except as otherwise provided herein, all applications for initial licensure shall include a full set of fingerprints, a fingerprint processing fee of $42, and a fingerprint retention fee of $10.75.  An applicant who has, within the immediately preceding 6 months, submitted such fingerprints and fees for licensing purposes under chapter 493, and who still holds a valid license, is not required to submit another set of fingerprints or additional fingerprint fees.

(b) Each person renewing a biennial license that expires on or after January 1, 2017, shall, on a one-time basis, submit a full set of fingerprints, a fingerprint processing fee of $29.75, and a fingerprint retention fee of $10.75.  Thereafter, each biennial renewal shall include a fingerprint retention fee of $16.75.

(c) Each person renewing a triennial license which expires on or after January 1, 2017, shall on a one-time basis, submit a full set of fingerprints, a fingerprint processing fee of $29.75, and a fingerprint retention fee of $16.75. Thereafter, each renewal shall include a fingerprint retention fee of $22.75.

(d) Licensees holding more than one license with the Division will only be charged one retention fee upon the first renewal of a license that expires on or after January 1, 2017, regardless of whether the license being renewed is for a biennial or triennial license period.  The licensee shall continue to pay a retention fee for each corresponding biennial / triennial renewal period thereafter, until such time as the licensee ceases to renew or is otherwise unable to renew that particular license.

Rulemaking Authority 215.405, 493.6103, 493.6105(3)(j), 493.6107, 493.6202, 493.6302, 493.6402, 493.6203(5), FS. Law Implemented 215.405, 493.6105(1), 493.6105(3)(j), 493.6107, 493.6110, 493.6111, 493.6113, 493.6115(13), 493.6201, 493.6202, 493.6203(5), 493.6301, 493.6302, 493.6401, 493.6402 FS. History–New 2-4-91, Amended 7-31-96, 2-17-00, Formerly 1C-3.116, Amended 1-24-06, 1-1-08, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Grea Bevis, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/15/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/13/2016