The purpose is to: amend Rule 5N-1.116, F.A.C., to provide language on the cost of an examination for Class “M,” “MA,” and “C” applicants (called the “private investigator examination”) in a fee section of rule; amend Rule 5N-1.140, F.A.C., by ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Licensing(Formerly 1 U)

RULE NO: RULE TITLE
5N-1.116: Classification of Licenses; Insurance; Fees
5N-1.140: School Curriculum; Examinations; Retention of Records
PURPOSE AND EFFECT: The purpose is to: amend Rule 5N-1.116, F.A.C., to provide language on the cost of an examination for Class “M,” “MA,” and “C” applicants (called the “private investigator examination”) in a fee section of rule; amend Rule 5N-1.140, F.A.C., by promulgating a form for use by Class “M,” “MA,” and “C” applicants to send to the Division as proof that they have successfully passed the private investigator examination covering the provisions of Chapter 493, F.S.; amend Rule 5N-1.140, F.A.C., to establish the content of the private investigator examination and the manner and procedure of its administration. The effect is to implement 2007 Laws of Florida, s. 1, ch. 2007-232.
SUMMARY: Adds a requirement that applicants for licenses to become private investigators and managers of private investigative agencies (Class “C,” “MA,” and “M” licensees) pass a private investigator examination and submit proof of successfully passing the examination, beginning January 1, 2008; adds a form to be used to submit as proof of passing the examination; adds an examination fee; and adds language about establishing the content of the private investigator examination and the manner and procedure of its administration.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 493.6203(5) FS., s. 1, ch. 2007-232, Laws of Florida.
LAW IMPLEMENTED: 493.6203(5) FS., s. 1, ch. 2007-232, Laws of Florida.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: October 16, 2007, 10:00 a.m.
PLACE: Conference Room, 2520 North Monroe Street, Tallahassee, Florida 32303
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John V. McCarthy, Assistant General Counsel, Department of Agriculture and Consumer, Services, Division of Licensing, 2520 North Monroe Street, Tallahassee, FL 32303, telephone: [phone]; Fax: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5N-1.116 Classification of Licenses; Insurance; Fees.

(1) through (2) No change.

(3) License, Examination and Fingerprint Fees.

(a) No change.

(b) 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.

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

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

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

(f)(e) 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.

(g)(f) All applications for licensure shall include the required set of fingerprint cards and a fingerprint processing fee. A processing fee of $42 shall accompany each set of fingerprints filed with the Division.

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

Specific Authority 215.405, 493.6103, 493.6105(3)(j), 493.6107, 493.6202, 493.6302, 493.6402 FS. Law Implemented 215.405, 493.6105(1), 493.6105(3)(j), 493.6107, 493.6110, 493.6115(13), 493.6201, 493.6202, 493.6301, 493.6302, 493.6401, 493.6402 FS. History–New 2-4-91, Amended 7-31-96, 2-17-00, 1-24-06, Formerly 1C-3.116, Amended ________.

 

5N-1.140 Security Officer and Recovery Agent School Curriculum; Examinations; Retention of Records.

(1) through (2) No change.

(3) Private Investigator Examination. Beginning January 1, 2008 applicants for “Class M,” “MA,” and “C” licenses must submit proof, on Form 16060, 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 providers approved by the Division, after the examination fee of $100 is paid to the Division and the licensee’s identity is verified by the provider. A passing score shall be 75 correct answers. Providers shall retain an examination file on each applicant for 2 years.

(4)(3) Retention of records. Each school, facility 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) through (e) No change.

Specific Authority 493.6303(4), 493.6304(3), 493.6403(2), 493.6406(3) FS. Law Implemented 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, 1-1-05, Formerly 1C-3.140, Amended ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: John V. McCarthy, Assistant General Counsel, Department of Agriculture and Consumer Services, Division of Licensing, 2520 North Monroe Street, Tallahassee, FL 32303, telephone: [phone]; Fax: [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: W. H. “Buddy” Bevis, Division Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 14, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 24, 2007