The purpose of this rulemaking is to propose new Rule 5N-1.131, providing conditions for use of firearms other than those specified in Section 493.6115(6) Florida Statutes. The effect will be to establish clear guidelines for licensees authorized ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.131Approval of Other Firearms

PURPOSE AND EFFECT: The purpose of this rulemaking is to propose new Rule 5N-1.131, providing conditions for use of firearms other than those specified in Section 493.6115(6) Florida Statutes. The effect will be to establish clear guidelines for licensees authorized to carry firearms under Chapter 493 Florida Statutes.

SUMMARY: Proposed new Rule 5N-1.131 establishes conditions for use of firearms other than those specified in Section 493.6115(6) Florida Statutes.

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. The rule imposes no additional costs on licensees, and instead, provides opportunity for licensees to use firearms not specifically listed in statute.

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 FS.

LAW IMPLEMENTED: 493.6115(6) 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-1.131 Approval of Other Firearms

(1) In addition to firearms authorized pursuant to Section 493.6115(6), Florida Statutes, the department approves the following weapons for use by Class "G" licensed employees of security and private investigative agencies, when performing Chapter 493 regulated duties under the conditions identified below. A Class “G” licensee is only authorized to carry a firearm of the specific type and caliber with which she or he is qualified pursuant to the firearms training referenced in s. 493.6105(5) or s. 493.6113(3)(b).

(a) Use of 12-gauge pump-action shotguns or semi-automatic rifles as a secondary weapon, to carry or to remain in a vehicle, when the agency is engaged in:

1. Fulfillment of contractual obligations to guard United States, state, or local government facilities where the government contract specifically requires use of these weapons.

2. Fulfillment of contractual obligations to guard critical infrastructure facilities as defined in Section 493.631, Florida Statutes, where the contract specifically requires use of these weapons. 

3. Guarding large rural tracts of land where a significant possibility of encountering heavily armed poachers, narcotics traffickers, or trespassers exist.

(b) Use of 12-gauge pump-action shotguns as a secondary weapon, where the shotgun remains in a vehicle for use only if needed, when the agency is engaged in:

1. Armored car services or agencies that replenish automated teller machines.

2. Courier services involving the transport of large amounts of currency and/or valuables.

3. Guarding and/or transporting prisoners. 

4. Close protection bodyguard services.

(c) Use of automatic or select-fire firearms when the licensed security or private investigative agency provides services directly to the United States government, and the government contract specifically requires use of these weapons.

(2) Ammunition Guidelines and Restrictions

(a) Ammunition for semi-automatic rifles shall be of .223/5.56 mm or of a statutorily compliant pistol caliber as described in Section 493.6115(6), Florida Statutes.

(b) Ammunition for the 12-gauge pump-action shotgun shall consist of .00 buckshot only.  The use of slug-type ammunition is prohibited.

(c) All ammunition must be otherwise compliant with Rule 5N-1.129, F.A.C.

(d) Agency employees who carry firearms approved under this rule are prohibited from using less-lethal ammunition.  For purposes of this rule, the term “less-lethal ammunition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body.

(3) An agency employee holding a Temporary Class “G” Statewide Firearms License is prohibited from using the weapons specified herein, and are only authorized to utilize the weapons specified in Section 493.6115(6), Florida Statutes.

(4) (a) Firearms waivers previously issued by the Division, authorizing the use of firearms by agency employees with Class “G” licenses in circumstances and conditions where the use of such weapons are prohibited by this rule, shall remain valid until such time as the contractual obligations requiring the use of such weapons cease to exist. 

(b) During the pendency of the agency’s contractual obligation referenced above, the agency shall on a quarterly basis, provide the Division with a list of all Class “G” licensed employees currently assigned to perform security services for the contract in question.  Each quarter’s list shall indicate which Class “G” employees, if any, have been newly assigned to, or removed from, providing security services under the agency’s contract..

(c) Each such agency shall notify the Division within 15 days of cessation of the contractual obligation referenced above.  All future use of 12-gauge pump-action shotguns or semi-automatic rifles shall be in accordance with this rule. 

Rulemaking Authority: Section 493.6103  Law Implemented: Section 493.6115(6)  History, New         .

 

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: August 03, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 5, 2015