The purpose of this rulemaking is to establish criteria for reciprocal agreements between the department and other states or territories. The effect will be to provide guidelines for licensees from states or territories that enter into reciprocity ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.121Reciprocity

PURPOSE AND EFFECT: The purpose of this rulemaking is to establish criteria for reciprocal agreements between the department and other states or territories. The effect will be to provide guidelines for licensees from states or territories that enter into reciprocity agreements with Florida, to temporarily perform duties in this state when such duties arise from licensed activities originating in their state or territory of licensure.

SUMMARY: This proposed new rule establishes criteria for reciprocity agreements between the Department of Agriculture and Consumer Services and other states and territories, and for licensees operating under such agreements.

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 opportunities for private investigators from Florida and other states to temporarily perform duties without the need for additional licensure.

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: 493.6109, FS.

LAW IMPLEMENTED: 493.6109, 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, Division of Licensing, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5N-1.121 Reciprocity

(1) The department recognizes the need in certain situations for private investigators from other states or territories to enter the State of Florida for the purpose of following-up investigative leads when engaged in investigations originating in his or her state of licensure. Accordingly, the department establishes the following criteria for reciprocity agreements with other states or territories: 

(a) The licensure requirements of the other state or territory must be substantially similar to or greater than those established in chapter 493, F.S.

(b) The other state or territory’s Commissioner of Agriculture or other appropriate authority, must agree to accept service of process for their licensees operating in Florida on a temporary basis pursuant to a reciprocity agreement. 

(2) The following requirements apply to private investigators and private investigative agencies that are licensed in states or territories that have entered into reciprocity agreements with the department, and who seek to temporarily operate in Florida in order to follow-up on leads originating in their state or territory of licensure. 

(a) Prior to conducting investigations in Florida, private investigators and private investigative agencies shall, in their state or territory of licensure:

1. Possess a current, unencumbered license,

2. Have engaged in licensed activities for at least one year with no disciplinary action against him or her, and

3. Not be under investigation in such other state or territory for an offense that would constitute a violation of chapter 493. 

(b) Private investigators operating in Florida under a reciprocity agreement shall, in their home state or territory of licensure, own or be employed by, a private investigative agency. 

(c) Private investigators and private investigative agencies are allowed to conduct an investigation in Florida only if the investigation originated in their state or territory of licensure. 

(d) Investigations shall be limited to no more than 30 days.  Investigations exceeding 30 days must be handled by a private investigative agency licensed in Florida.   

(e) Private investigators and private investigative agencies shall not solicit private investigative business or advertise investigative services while operating in Florida.

(f) Out-of-state private investigators are prohibited from carrying firearms while conducting professional investigative services in Florida. 

(g) When performing private investigations in Florida, investigators and investigative agencies are subject to the provisions of chapter 493, F.S., and the rules promulgated thereunder.

Rulemaking Authority  493.6109 FS.  Law Implemented  493.6109 FS.  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: 9/15/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 9/16/2016