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 ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.120Filing of Application; License Issuance and Temporary Authority of Out of State Licensees

PURPOSE AND EFFECT: 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.

SUBJECT AREA TO BE ADDRESSED: Out-of-state security personnel providing emergency security services after a declared emergency.

RULEMAKING AUTHORITY: 493.6103, 493.6109 FS.

LAW IMPLEMENTED: 493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Thursday, June 27, 2013, 1:00 p.m.

PLACE: Eyster Auditorium, Doyle Conner Building, 3125 Conner Boulevard, Tallahassee, FL 32399-1650

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Brandee Jones, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ken Wilkinson, Kenneth.Wilkinson@ FreshfromFlorida.com, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.