The purpose of this rulemaking is to establish rules in accordance with Chapter 2023-155, L.O.F., establishing late fees for all licenses issued pursuant to chapter 493 F.S., and rules relating to late-fee waivers. The division ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.116Insurance; Fees

PURPOSE AND EFFECT: The purpose of this rulemaking is to establish rules in accordance with Chapter 2023-155, L.O.F., establishing late fees for all licenses issued pursuant to chapter 493 F.S., and rules relating to late-fee waivers. The division is also amending examination fees, updating outdated language and clarifying fingerprint retention fees, organizing the rule by fee type, and making technical changes. The effect is to provide clarity throughout the rule and guidance relating to licensing fees.

SUMMARY: Establish in rule renewal late fees in accordance with s. 493.6113(4) F.S., establish late-fee waivers, revise examination fees for Class “K,” “M,” “MA,’ and “C” licenses as authorized by s. 493.6107(1)(d) and s. 493.6203(5)(c) F.S., clarify fingerprint retention related language, and rule organization by fee type.

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. As part of this analysis, the department relied on statistical data of the number of examinees for Class “K,” “M,” “MA,” and “C” licenses in the immediate past year and the office’s experience and knowledge of the industry. Additionally, no interested party submitted additional information regarding the economic impact.

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 FS.

LAW IMPLEMENTED: 215.405, 493.6105, 493.6107, 493.6110, 493.6111, 493.6113, 493.6115(13), 493.6202, 493.6203(5), 493.6302, 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: Kevin Gay, Records Analyst, Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 5647, Tallahassee, Florida 32314; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5N-1.116 Insurance; Fees.

(1) No Change.

(2) Application License and Examination fFees. The application fee for all license types is $50, except Class “D” and “G,” which have no application fee. Application fees shall be submitted with each application for licensure.

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

1. Class “C” license. Private Investigator: $75.

2. Class “D” license. Security Officer: $45.

3. Class “E” license. Recovery Agent: $75.

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

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

6. Class “G” license. Statewide Firearm License: $112.

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

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

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

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

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

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

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

(g) 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.

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

(3) Initial license fees. License fees for Class “C,” “CC,” “D,” “E,” “EE,” “G,” “M,” “MA,” “MB” and “MR” licenses shall be submitted with the application for licensure. For all other license types, license fees shall be submitted upon notification by the division that the application has been approved.

(a) License fees for the following biennial licenses issued under this chapter are:

1. Class “C” private investigator: $75.

2. Class “D” security officer: $45.

3. Class “E” recovery agent: $75.

4. Class “CC” private investigator intern: $60.

5. Class “EE” recovery agent intern: $60.

6. Class “G” statewide firearm license: $112.

7. Class “M,” “MA,” “MB” or “MR” agency or branch manager: $75.

8. Class “DS” security officer school or training facility: $60.

9. Class “DI” security officer instructor: $60.

10. Class “RS” recovery agent school or training facility: $60.

11. Class “RI” recovery agent instructor: $60.

(b) Fees for the following triennial licenses issued under this chapter are:

1. Class “A” private investigative agency: $450.

2. Class “B” security agency: $450.

3. Class “K” firearms instructor: $100.

4. Class “R” recovery agency: $450.

5. Class “AA,” “BB,” “AB,” “RR” branch office: $125.

(c) The processing fee for temporary Class “G” licensure is $15.

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

(4) Renewal fees.

(a) Licensees who hold a valid biennial or triennial license, who are eligible for renewal and wish to renew their license, must submit with their renewal application a fee equal to the fee listed for their license type in paragraph 5N-1.116(3)(a) or (3)(b), F.A.C.

(b) Renewal applications received after the license expiration date, but within three months of the license expiration date, require an additional renewal late fee, for the license type being renewed, equal to the fee listed in paragraph 5N-1.116(3)(a) or (3)(b), F.A.C. No license shall be renewed three months or more after its expiration date.

(c) The division may waive renewal late fees upon request received within three months of the license expiration date if the delay in filing the renewal application was in reasonable reliance on erroneous written information from the department, or the department’s failure to provide correct information.

(5) Examination fees for the following licenses are:

(a) Class “K” firearms instructor: $70.

(b) Class “M,” “MA” agency or branch manager and Class “C” private investigator: $70.

(6)(3) Fingerprint Fees.

(a) Except as otherwise provided herein, all applications for initial licensure shall include a full set of fingerprints, and a fingerprint processing fee of $42., and a fingerprint retention fee of $10.75. An applicant who has, within the immediately precedingproceding 6 months, submitted such fingerprints and fees for licensing purposes under Chapter 493, F.S., and who still holds a valid license, is not required to submit another set of fingerprints or another additional fingerprint processing feefees. Class “C,” “CC,” D,” “DI,” “E,” “EE,” “G,” “K,” “M,” “MA,” “MB,” “MR,” and “RI” type licenses are also required to submit fingerprint retention fees as listed in paragraph (b) of this subsection.

(b) Fingerprint retention fees are:

1. For a person submitting a new application for initial licensure for a biennial license: $10.75.

2. For a person submitting a new application for initial licensure for a triennial license: $16.75.

3.(b) For aEach 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.

4.(c) For aEach 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.

(c)(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, 493.6113(4), 493.6202, 493.6203(5), 493.6302, 493.6402 FS. Law Implemented 215.405, 493.6105, 493.6107, 493.6110, 493.6111, 493.6113, 493.6115(13), 493.6202, 493.6203(5), 493.6302, 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, 2-14-17, _________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Raymaker, Director, Division of Licensing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 05, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 14, 2024