This proposed rulemaking updates firearms instruction requirements, and codifies in new rule 5N-1.132, guidelines for Class “G” licensee initial firearms qualification, subsequent requalification, and qualification for other types and calibers of ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.: RULE TITLE:

5N-1.132  Firearms Training

5N-1.134 Firearms Instructor's Training Manual and Certificate of Firearms Proficiency for Statewide Firearm License Schools or Training Facilities, License Application; Exemptions

PURPOSE AND EFFECT: This proposed rulemaking updates firearms instruction requirements, and codifies in new Rule 5N-1.132, F.A.C., guidelines for Class “G” licensee initial firearms qualification, subsequent requalification, and qualification for other types and calibers of firearms. The proposed new rule incorporates a Firearms Training Manual Student Handbook and an Instructor’s Guide, and a revised version of the Certificate of Firearms Proficiency for Statewide Firearm License. The effect of this proposed rulemaking will be to improve firearms training and provide clear guidelines for applicants and licensees.

SUMMARY: Proposed rule amendments update firearms training for Class “G” applicants and licensees by requiring use of and incorporating, both a Firearms Training Manual Student Handbook and a Firearms Training Manual Instructor Guide. Firearms training will focus on the laws governing firearms ownership and possession, legal aspects of liability, and use of deadly force, as well as the mechanical operation and safe handling of a firearm. Also proposed is new Rule 5N-1.132, F.A.C., which codifies guidelines for Class “G” firearms initial qualification, requalification, and qualification for other types and calibers of firearms, and Class “K” instructor requirements. Finally, a revised version of the Certificate of Firearms Proficiency for Statewide Firearm License is incorporated into the proposed new rule.

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 analysis of the adverse impact or potential regulatory costs of this proposed new rule indicated that the rule does not meet the statutory threshold for ratification by the legislature as the rule imposes no additional costs on licensees. Instead, the rule provides an updated instructional methodology and clear guidelines regarding qualification for use of a firearm during the course of chapter 493, FS, regulated activities.

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, 493.6105(5), 493.6115(8), 493.6304(3), 493.6406(3), FS.

LAW IMPLEMENTED: 493.6105, 493.6113(3), 493.6115, 493.6121, 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 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-1.132 Firearms Training

(1) Initial Firearms Qualification.

(a) Except as provided in section 493.6105(5)(a), F.S., in order to initially qualify for a Class “G” Statewide Firearms License, an applicant must successfully complete 28 hours of range and classroom training taught by a Class “K” firearms instructor. The initial 28-hour firearms course qualifies a Class “G” applicant to use the calibers of revolvers or semiautomatic handguns specified in section 493.6115(6), F.S., that the applicant will use when performing duties regulated under Chapter 493, F.S. A licensee may carry only the specific type and caliber of firearm with which he or she has completed a successful course of training.

(b) As proof of successful completion of firearms training, each Class “G” applicant must submit the original white page from the Certificate of Firearms Proficiency for Statewide Firearms License, provided by his or her Class “K” firearms instructor upon completion of firearms training, to the Division of Licensing at any of the addresses listed in Rule 5N-1.100, F.A.C., of this rule chapter, along with his or her license application.

(2) Annual Firearms Requalification Training and Reporting Requirement.

(a) Each Class “G” license is valid for and subject to renewal every two years. During each 12-month period of the two-year term of the license, including the first 12-month period after the license was initially issued to the license holder, in order to remain eligible to continue to carry a Class “G” license, a Class “G” licensee must successfully complete 4 hours of range and classroom training taught by a Class “K” firearms instructor. Annual requalification training must be specific to each type and caliber of revolver or semiautomatic pistol the licensee carries while performing regulated duties.

(b) Each Class “G” licensee shall provide proof of successful completion of annual requalification training by submitting the original white page from the Certificate of Firearms Proficiency for Statewide Firearms License to the Division of Licensing at any of the addresses listed in Rule 5N-1.100, F.A.C., of this rule. These forms must be submitted each year on or before the month and day that appears on the face of the license as the expiration date.

1. A Class “G” licensee who successfully completes the 4-hour requalification training during the first 12-month period of the two-year term of the license, but who fails to provide proof to the division of having completed the training within the first-year reporting period, will have his or her Class “G” license automatically suspended until such time as the licensee provides proof of having timely received the completed training.

2. A Class “G” licensee who fails to take or to successfully complete the 4-hour annual requalification training during the first 12-month period of the two-year term of the license, will have his or her Class “G” license automatically suspended, and will be required to submit proof of successful completion of another 28 hours of range and classroom training as required at the time of initial licensure, in order for his or her license to be reinstated.

3. A Class “G” licensee who fails to take or to successfully complete the 4-hour annual requalification training during the second 12-month period of the two-year term of the license, will be required to submit proof of successful completion of another 28 hours of range and classroom training as required at the time of initial licensure, before his or her license will be renewed.

(3) Qualification with Other Types and Calibers of Approved Firearms.

(a) A Class “G” licensee whose job duties require him or her to carry a firearm of a type and caliber different from or in addition to the firearm upon which he or she is qualified, must take a 4-hour training class specific to that firearm type and caliber.

(b) In addition to completing the annual requalification training required to remain eligible for the Class “G” license as addressed in (2) of this rule, a licensee who has also qualified to carry other types and calibers of approved firearms under this paragraph must complete annual requalifying training for each type and caliber of firearm he or she carries while performing regulated activities. Proof of successful completion of such training shall be submitted to the Division as specified in paragraph (2)(b) above. A separate Certificate of Firearms Proficiency for Statewide Firearms License must be submitted to the Division for each type and caliber of firearm that the licensee will be carrying while performing regulate activites.

(c) A Class “G” license will not be suspended based on a licensee’s failure to requalify for a secondary firearm as long as the licensee has successfully completed annual requailification training for the type and caliber of revolver or semiautomatic pistol for which he or she has been qualified as their primary firearm. Failure to successfully requalify for a licensee’s secondary firearm will result in the licensee’s inability to utilize the secondary firearm until such time as he or she submits proof of successful annual requalification for the secondary firearm.

(4) Firearms Instruction.

(a) Firearms Training Manual Student Handbook and Study Guide. All Class “G” applicants seeking initial firearms qualification, and all Class “G” licensees seeking either annual requalification training or training to carry other types and calibers of firearms, must utilize the instruction material contained in the Firearms Training Manual Student Handbook and Study Guide, FDACS P-02079, effective 06/2016, 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.

(b) Firearms Training Manual Instructor’s Guide. In coordination with the Firearms Training Manual Student Handbook and Study Guide incorporated in (4)(a), above, all Class “K” licensed firearms instructors must utilize the instruction requirements and materials contained in the Firearms Training Manual Instructor’s Guide, FDACS P-02078, effective 06/2016, 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.

(c) Firearms instructors may use audio/video material as an instructional aide when teaching the classroom portion of the firearms training course, however, in no case shall an instructor rely solely on the use of audio/video material. Firearms instruction must be presented as live, in-person classes where the firearms instructor is present to allow for necessary student teacher interaction when teaching students to use firearms.

(d) Certificate of Firearms Proficiency for Statewide Firearms License.

1. The Certificate of Firearms Proficiency for Statewide Firearm License shall be used by each firearms instructor to document successful completion of either a 28-hour or 4-hour firearms proficiency course, and to provide the Division necessary information regarding a student’s eligibility for a Class “G” firearms license. The Certificate of Firearms Proficiency for Statewide Firearm License, FDACS-16005 revised 06/16, is hereby incorporated by reference. A sample of the Certificate of Firearms Proficiency can be viewed at https://www.flrules.org/Gateway/reference.asp?No=Ref________. Firearms instructors may obtain originals of the Certificate of Firearms Proficiency for Statewide Firearm License from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this rule chapter.

2. When a student completes a 28-hour or 4-hour firearms proficiency course, the Class “K” firearms instructor administering the course must ensure the triplicate Certificate of Firearms Proficiency for Statewide Firearm License is accurately completed, and have the student sign and date the Certificate. The Class “K” instructor administering the course shall provide to each Class “G” student the original white and pink pages from the Certificate. The instructor shall retain the Certificate’s yellow page in his or her records as indicated in paragraph (4)(c) of this rule.

3. Students who lose or damage the original white or pink page of their Certificate of Firearms Proficiency for Statewide Firearms License, should contact their instructor for a duplicate original page. An instructor issuing a duplicate Certificate to a student, must write “Duplicate” in the Certificate’s comment section.

4. The following instructions are for use by firearms instructors when completing the Certificate of Firearms Proficiency for Statewide Firearm License. Every section of the Certificate must be completed. The categories below correspond to the sections in the Certificate of Firearms Proficiency:

a. Student Name: Name of student for a Class “G” license.

b. Student Date of Birth: (mm/dd/yyyy).

c. Type of Training: Select whether the student completed the initial 28-hour qualifying course, or a 4-hour course, whether annual requalification or qualification for use of other types and calibers of approved firearms. Include student’s Class “G” license number if he or she is already licensed.

d. Range Score.

e. Written Exam Score.

f. Type: State whether the student qualified with a revolver, rifle, semi-automatic handgun, or a shotgun.

g. Firearm Caliber: Provide the caliber of the firearm with which the student qualified.

h. Name of Range: Provide the name of the range where the student shot his/her course of fire.

i. Range Street Address and City: Provide the street address and city where the student shot his/her course of fire.

j. Date Training Completed: Provide the date firearms training was completed.

k. Student Signature. Have the student sign the Certificate of Firearms Proficiency.

l. Comments: The instructor may include comments, if any, related to the student’s training in this section. In all cases where a student fails a firearms proficiency course, within 5 days of course completion, the instructor must submit the original white page from the failing student’s Certificate of Firearms Proficiency to the Division, stating in the comment section the reason for the student’s failure to qualify.

m. Instructor’s Certification: This section requires the instructor to certify that he/she has provided the legally required training. Note that section 493.6120(7), Florida Statutes, makes it a third degree felony to knowingly issue or cause to be issued, a fraudulent training certificate certifying that required training was provided, when the person issuing the certificate knew, or reasonably should have known, that the certificate was fraudulent.

n. Instructor’s Name: Instructor’s name must be clearly printed or typed.

o. Instructor’s License Number: Provide the instructor’s Class “G” license number.

p. Instructor’s Signature: Signature of instructor which completes the certification referenced above.

q. Date Signed: Date the training is completed and signed by the instructor.

r. Phone Number: Instructor’s telephone must be clearly printed or typed.

(e) Firearms Instructor Recordkeeping Requirements.

1. Each firearms instructor shall maintain the following records:

a. A schedule that includes the date, location, and instructor’s name and license number for each class session.

b. A log for each class session containing the printed name and signature of each student.

c. The instructor’s yellow page from the Certificate of Firearms Proficiency for Statewide Firearms License issued to each Class “G” student that took the instructor’s course, including the yellow page from any duplicate certificate issued to a student.

d. Originals of all student tests, containing the student’s test score, the student’s printed name, the date the test was taken, and the student’s signature. Instructors are not required to keep student targets as part of their record keeping requirements.

2. Instructor’s can meet Division record-keeping requirements by maintaining their original paper records, or by scanning such records into an electronic format.

3. Student records shall be maintained in a separate file by class, and shall not be commingled with student records from other classes. Within each such class file, each student’s records shall be separately maintained within the file.

4. Records shall be maintained for a minimum period of two years at the place of business of the Class “K” instructor or at the address listed on the Class “K” instructor's license. Each instructor shall immediately produce student records for inspection by employees of the Division of Licensing upon request.

Rulemaking Authority 493.6103, 493.6105(5), 493.6115(8), FS. Law Implemented 493.6105, 493.6113(3), 493.6115, 493.6121, FS. History New _________________.

 

5N-1.134 Firearms Instructor’s Training Manual and Certificate of Firearms Proficiency for Statewide Firearm License; Schools or Training Facilities, License Application; Exemptions.

(1)(a) Firearms Instructor’s Training Manual. All licensed firearms instructors must utilize the instruction requirements and materials contained in the Division’s Firearms Instructor’s Training Manual, FDACS P-01850, revised 01/14, which is hereby incorporated by reference and can be obtained from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this chapter. A sample of the Firearms Instructor’s Training Manual can be viewed at https://www.flrules.org/Gateway/reference.asp?No=Ref-04112.

(b) Certificate of Firearms Proficiency for Statewide Firearm License (Certificate of Firearms Proficiency). On the date a student completes the firearms proficiency course, firearms instructors must fill-out the Certificate of Firearms Proficiency for Statewide Firearm License, FDACS-16005 revised 01/14, which is hereby incorporated by reference. Firearms instructors may obtain original Certificates of Firearms Proficiency from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this chapter. A sample of the Certificate of Firearms Proficiency can be viewed at https://www.flrules.org/Gateway/reference.asp?No=Ref-04113. Instructions for completing the Certificate of Firearms Proficiency can be found in the Division’s Firearms Instructor’s Training Manual referenced above.

(1)(2) 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 (4/04), incorporated by reference and 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 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 written temporary approval is granted:

(a) through (h) No change.

(2)(3) Exemptions.

(a) through (b) No change.

Rulemaking Authority 493.6103, 493.6115(8), 493.6304(3), 493.6406(3) FS. Law Implemented 493.6105(6), (7), 493.6115(8), 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, ____________.

 

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: 8/3/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 8/8/2016