This rulemaking amends rule 5N-1.140 to correspond with changes made during the 2017 legislative session eliminating the two-part course requirement for private investigative and security officer training. Additionally, forms will be updated and ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.140Security Officer, Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records

PURPOSE AND EFFECT: This rulemaking amends rule 5N-1.140, F.A.C. to correspond with changes made during the 2017 legislative session eliminating the two-part course requirement for private investigative and security officer training. Additionally, forms will be updated and obsolete language will be removed.

SUMMARY: Private Security and Private Investigative Intern courses have previously been delivered in two parts, requiring the student to successfully complete the first part of the course, and pass its examination, before continuing on to part two. As such, the curriculum guides prepared by the Division as a framework for how schools and training facilities would deliver instruction in two parts were also provided. Amendments to the rule and incorporated material remove any reference to courses being delivered in two parts.

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.

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: 493.6203(5), 493.6203(6), 493.6303(4), 493.6304(3), 493.6403(2), 493.6406(3), FS.

LAW IMPLEMENTED: 493.6203(5), 493.6203(6), 493.6303(4), 493.6304(3), 493.6403(2), 493.6406(3), 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-1.140 Security Officer, Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records.

(1) Security Officer Schools and Training Facilities.

(a) A security officer school or training facility shall teach, at a minimum, and the students shall attend classes in the subject areas as set forth in the Security Officer Training Curriculum Guide ­PXXXX (12/2017), which is hereby incorporated by reference and can be obtained at http://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 (5/04), incorporated by reference and available at http://licgweb.doacs.state.fl.us/forms/index.html. The security officer curriculum shall consist be taught in two courses, Course A consisting of 40 24 hours of instruction and Course B consisting of 16 hours of instruction.

(b) ­Throughout or upon Upon completion of the required curriculum, schools and training facilities shall administer testing a Course A final examination and a Course B final examination of not less than 2 1 hours hour in duration each. The examination(s) examinations shall be approved by the Division as meeting the content criteria of paragraph (a) and the Security Officer Curriculum Guide. Such examination(s) examination shall consist of 170 100 questions in total for Course A and 70 questions for Course B on the subjects contained in the Security Officer Curriculum Guide.

(c) No more than 50 percent of the questions in each subject area may be true or false questions, and 128 75 or more questions in Course A and 53 questions in Course B answered correctly is a passing score. The school or training facility shall issue a certificate of completion to each student who successfully completes the training standards established herein. Each certificate shall bear the name and license number of the school at which training was received and the number of hours of training completed. On or after October 1, 1994, security officer applicants not previously licensed may satisfy the 40 hour training requirement by: a) completing 40 hours of instruction before submitting an application; or b) completing 24 hours of instruction at the time of initial application and completing 16 hours of instruction upon renewal of a license. If a security officer license initially obtained on or after October 1, 1994, has been revoked or expired for more than one year, the individual must reapply and show proof of retraining under paragraphs (a) or (b) above.

(d) All training programs approved by the Florida Criminal Justice Standards and Training Commission for certification of graduates as law enforcement officers or correction officers are deemed to be approved by the department as meeting the training requirements of Section 493.6303(4), F.S.

(e) An individual who satisfies any criteria under paragraphs 5N-1.138(1)(e)-(g), F.A.C., is deemed to have met the training requirement of Section 493.6303(4), F.S.

(2) Recovery Agent Schools and Training Facilities.

(a) Beginning October 1, 1994, Class E and EE applicants not previously licensed must complete have completed 40 hours of training before they may be licensed. A recovery agent school or training facility shall teach, at a minimum, and the students shall attend classes in the subject areas as set forth in the Recovery Agent/Intern Curriculum Guide ­PXXXX (02/2018), which is hereby incorporated by reference and can be obtained at http://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.

(b) Upon completion of the required curriculum, schools and training facilities shall administer a final examination of not less than 1 hour in duration. The examination shall be which has been approved by the Division as meeting the content criteria of paragraph (a) and the Recovery Agent/Intern Curriculum Guide. Such examination shall consist of 100 questions in total on subjects contained in the Recovery Agent/Intern Curriculum Guide.

(c) No more than 50 percent of the questions in each subject area may be true or false questions, and 75 or more questions answered correctly is a passing score. The school or training facility shall issue a certificate of completion to each student who successfully completes the training standards established herein. Each certificate shall bear the name and license number of the school at which training was received.

(3) Private Investigator Examination. Beginning January 1, 2008 Applicants applicants for Class “M,” “MA,” and “C” licenses must submit proof, completed by a member of a Division Regional Office, the provider on Form 16060 (XX/2018) (1/08), Certificate of Completion, which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-              , or from the Division of Licensing at the addresses listed in rule 5N-1.100 of this chapter (incorporated by reference and available at http://mylicensesite.com/forms/index.html), of having successfully passed an examination that covers the provisions of Chapter 493, F.S. The examination, consisting of 100 questions, will be administered by a provider approved by the Division, after the examination fee of $100 is paid to the Division and the applicant’s identity is verified by the provider. A passing score shall be 75 correct answers. The examination provider shall retain an examination file on each applicant for 2 years.

(4)(a) Beginning September 1, 2008, An an applicant for a Class “CC” license must have complete completed at least 24 hours (Course A) of a 40-hour course pertaining generally to private investigative techniques and Chapter 493, F.S. at a state university, school, community college, college or university (hereafter “institution”) under the purview of the Florida Department of Education and must successfully pass an examination on Course A.

(b) The applicant must submit proof of successfully passing the examination completion of Course A on Form 16062 (11/2017) (9/08), Certificate of Completion, which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-              , or from the Division of Licensing at the addresses listed in rule 5N-1.100 of this chapter (incorporated by reference and available at http://mylicensesite.com/forms/index.html), with his or her application for licensure. The applicant must complete the remaining 16 hours (Course B), take an examination on Course B and submit proof of successfully passing the Course B examination, also on Form 16062, to the Division within 180 days of the date of submittal of his or her application. Applicants may complete both Course A and Course B before they apply for licensure. Certificates of Completion shall be issued by the institution.

(c) Institutions providing private investigative intern courses shall teach, at a minimum, the subject areas set forth in the Private Investigative Intern Training Curriculum Guide ­PXXXX, (12/2017) which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-              , or from the Division of Licensing at the addresses listed in rule 5N-1.100 of this chapter (LC1E188, eff. 9/08), incorporated by reference and available at http://mylicensesite.com/forms/index.html. Private investigative intern courses may be provided by face-to-face presentation, on-line technology, or home study. Whatever the mode of instruction, students shall attend or participate in sessions or classes in accordance with statutes, rules and procedures of the Florida Department of Education.

(d) Institutions Providers of private investigative intern courses shall verify the identity of an intern following procedures of the Florida Department of Education before the examination examinations for Course A and B is are taken. The examination for Course A shall consist of 170 100 questions, and 128 75 correct answers shall be a passing score. The examination for course B shall consist of 70 questions, and 53 correct answers shall be a passing score. For both examinations, No no more than 50% of the questions may be true or false questions.

(5) Retention of records. Each school or , facility administering , or provider of private investigator examinations shall maintain for 2 years and make available for inspection upon request of the department the following records:

(a) A schedule which shall include the date, time, location and instructor of each class session;

(b) A separate file for each course which establishes that minimum course standards were met to include, at a minimum, the course materials and reference sources used for each class presentation and the original of each final exam bearing the grade received and the signature of the student;

(c) A log for each class session containing the signature of each student in attendance;

(d) A copy of any certificate, diploma or other record presented to each student which establishes the successful completion of the course of study and final examination.

(e) A separate file on each approved instructor containing, at as a minimum, a copy of the qualifications and license of each.

Rulemaking Authority 493.6203(5), 493.6203(6), 493.6303(4), 493.6304(3), 493.6403(2), 493.6406(3) FS. Law Implemented 493.6203(5), 493.6203(6), 493.6303(4), 493.6304(3), 493.6403(2), 493.6406(3) FS. History–New 10-1-91, Amended 2-18-93, 7-6-93, 10-6-93, 12-5-94, 7-31-96, Formerly 1C-3.140, Amended 1-1-05, 1-1-08, 8-26-08, _____________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 28, 2017