This rulemaking simplifies notification requirements for schools and training facilities when they change their location. Additionally, obsolete language is removed and a form is updated. The effect will be to ease requirements for these regulated ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.134Schools or Training Facilities, License Application; Exemptions

PURPOSE AND EFFECT: This rulemaking simplifies notification requirements for schools and training facilities when they change their location. Additionally, obsolete language is removed and a form is updated. The effect will be to ease requirements for these regulated entities.

SUMMARY: Past practice required licensees submit a new application when a school or training facility’s location changed. Amendments to rule will allow licensees to submit written notification to the Division providing updated information in lieu of a new application.

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 proposed rule offers licensees a simplified method of updating their school or training facility location with the Division and does not impose any additional fees.

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: 493.6103, 493.6304(3), 493.6406(3) FS.

LAW IMPLEMENTED: 493.6304, 493.6406 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, Division of Licensing; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5N-1.134 Schools or Training Facilities, License Application; Exemptions.

(1) Schools or Training Facilities. All persons or business entities desiring to operate a security officer school or training facility, or recovery agent school or training facility, shall make application for licensure as required by Sections 493.6304 and 493.6406, F.S., using Form DACS-16003, Application For Class “DS” Security Office School or Traiing Facility License and Class “RS” Recovery Agent School or Training Facility License, revised    , (4/04), which is hereby incorporated by reference and can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-         , or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this chapter available at http://licgweb.doacs.state.fl.us/forms/index.html. The Division shall examine such application to determine if it complies with all requirements of the law and these rules. Upon a determination by the Division that the application is complete and all requirements have been met, the Division shall issue a written temporary approval authorizing commencement of operations. A school or training facility shall not operate until temporary written approval is granted. A representative of the Division shall inspect the school or training facility within 4 months of the commencement of operations. Within 60 days of such inspection, a license shall be granted or denied. Licensure shall be valid for a period of 2 years unless suspended or revoked by final order of the Division. A license for a school or training facility is valid only for the training site, facility, or branch office named on the license unless transferred pursuant to subsection (2) of this rule and is not transferable to any other location. If a licensed location is changed, a new complete application and appropriate fee must be submitted. In addition to the application, the following shall be submitted before license written temporary approval is granted:

(a) A statement providing the date that instruction will commence, the street address or physical location, and city and county of the primary building in which the classes will be conducted, a physical description of the facilities, and a scale drawing of the floor plan as a blueprint;

(b) A statement of the ownership structure of the proposed school which charges a tuition or fee, including names and addresses of all directors, and corporate status or partnership alignment. Corporations must submit a copy of the current articles of incorporation issued by the Department of State, Division of Corporations;

(c) A statement confirming the adoption of the minimum curriculum as required by subsection 5N-1.140(1), F.A.C.;

(d) A statement confirming that each instructor is qualified as required by Rule 5N-1.138, F.A.C.;

(e) A statement confirming property damage and bodily injury liability insurance coverage for the proposed school or training facility, together with a certificate of insurance. Liability insurance coverage in an amount of not less than $50,000 shall continue in force and effect so long as the school or facility is in operation;

(e)(f) A description of the proposed system for the handling of students’ records and transcripts, and a copy of the current school-student contract format if tuition or a fee is charged;

(g) Minimum classroom floor space of 25 square feet for each student enrolled. Additional areas required shall include:

1. A break area;

2. Restrooms; and

3. An administrative office at the primary school or agency.

(f)(h) Non-refundable application and license fees for each training site, facility or branch office where classes are to be conducted. See Rule paragraph 5N-1.116(3)(a) and subsection (2), F.A.C., for fees.

(2) In the event a licensed school or training facility changes location, the licensee shall submit notification to the Division, in writing, within 10 days of such change by providing updated information as required in paragraph (1)(a) above. Within 30 days of receipt of the submission, the Division will provide an updated license recognizing the new location. The Division will examine the submission to determine if it is in continued compliance with the requirements of the law and these rules and shall conduct inspections to assist the school in meeting compliance as necessary.

(3)(2) Exemptions.

(a) Public educational facilities which are a part of the State University System, or are operated by a community college board of trustees under statutory authority and rules of the State Board of Education, or by a district school board, and area vocational schools shall be exempt from all requirements of this rRule 5N-1.134, F.A.C., except the filing of Form DACS-16003, Application For Class “DS” Security Office School or Traiing Facility License and Class “RS” Recovery Agent School or Training Facility License, revised     .

(b) Instructors who are full‑time faculty members and who teach security officer or recovery agent classes shall be exempt from licensure if they teach exclusively for public educational facilities referred to in paragraph subsection (3)(a) (2), above.

Rulemaking Authority 493.6103, 493.6304(3), 493.6406(3) FS. Law Implemented 493.6304, 493.6406 FS. History–New 10-1-91, Amended 2-18-93, 7-6-93, 7-31-96, Formerly 1C-3.134, Amended 7-27-04, 5-21-14, 1-16-17,                            .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 8, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 10, 2017