Proposed new rule 5N-1.114, F.A.C., describes the specific criminal offenses that are directly related to the business for which a license is held or sought within the private security, private investigative, and recovery industries. The effect of ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NOS.:RULE TITLES:

5N-1.113Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

5N-1.114Directly Related Criminal Offenses

PURPOSE AND EFFECT: Proposed new rule 5N-1.114, F.A.C., describes the specific criminal offenses that are directly related to the business for which a license is held or sought within the private security, private investigative, and recovery industries. The effect of the rule is to provide applicants and licensees with a clear and concise list of those directly related criminal offenses, and the penalties imposed for each. Rule 5N-1.113, F.A.C. is also amended to align with this newly proposed rule.

SUMMARY: This proposed rule specifies those criminal offenses that are classified as directly related to the business for which the license is held or sought, and which could result in departmental action against a person’s application for a license or license issued under Chapter 493, F.S., along with the penalty for each offense. The existing rule range of penalties also is amended to align with those in the proposed rule for directly related offenses.

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 proposed rule will not impose any fees on applicants or licensees as its effect is to clearly define those specific criminal offenses that would disqualify a Chapter 493, F.S. applicant and/or licensee from 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: 493.6103, 493.6106(2), 493.6107(5), 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115(3), (6), (9), 493.6118, 493.6120(3), 493.6121, 493.6124, 493.6301(8), 493.6304(3), 493.6404(1), (2), FS.

LAW IMPLEMENTED: 493.6100, 493.6101(7), 493.6105(3), 493.6106(1)(b), 493.6107(5), 493.6110(2), 493.6111(5), 493.6112(1),(2), 493.6115, 493.6118, 493.6120(3), 493.6121, 493.6124, 493.6304(3), 493.6404, 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-1.113 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

The Division sets forth below disciplinary guidelines from which penalties will be imposed upon any person or agency

violating Chapter 493, F.S. The purpose of the disciplinary guidelines is to provide notice of the range of penalties

which may be imposed for specific violations. The language below is intended to summarize the statutory language

and is not a complete statement of the violation.

(1) No change.

(2) The disciplinary guidelines for violations committed by individuals are as follows:

                                          VIOLATION                                                                                    RANGE OF PENALTIES

(a) through (e) No change.

(f) Conviction of or adjudication of guilt withheld                                          Revocation From probation to suspension,                on a crime directly related to the business for which                                                                      revocation or denial of license.

the license is held or sought.

(g) through (u)                                                                                                   No change.

(3) through (7) No change.

Rulemaking Authority 493.6103, 493.6106(2), 493.6107(5), 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115(3), (6), (9), 493.6118, 493.6120(3), 493.6121, 493.6124, 493.6301(8), 493.6304(3), 493.6404(1), (2) FS. Law Implemented 493.6100, 493.6107(5), 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115, 493.6118, 493.6120(3), 493.6121, 493.6124, 493.6301(8), 493.6304(3), 493.6404 FS. History–New 5-7-91, Amended 5-15-95, Formerly 1C-3.113, Amended _________.

 

5N-1.114 Directly Related Criminal Offenses

(1) The standards of conduct that are necessary and reasonably related to the protection of the public health, safety and welfare, that must be maintained by persons seeking a license or holding a license under Chapter 493, F.S., include those set out in the definition of good moral character in s. 493.6101(7), F.S. These standards are honesty, fairness, respect for the rights and property of others, and respect for the laws of this state and nation. 

(2) An offense that is “directly related to the business for which the license is held or sought” that can be grounds for disciplinary action is one that:

(a) Violates the standards of conduct in s. 493.6101(7), F.S., regardless of whether it was committed during the performance of regulated duties;

(b) If commited in Florida, is classified as either a first degree misdemeanor or any degree of felony;

(c) Is similar to ones described in subsection (3), if committed in any jurisdiction other than Florida; 

(3) Subject to the requirements in subsection (2) and (4), the following offenses are directly related:

(a) Any sexually-related offense;

(b) Any offense that includes an element of violence or threat of violence;

(c) Arson, other fire-related offenses, and criminal mischief as set out in Chapter 806, Florida Statutes;

(d) Any offense that includes an element of theft, robbery, dishonesty, fraud, or obstruction of justice;

(e) Offenses against minors as set out in Chapter 827, Florida Statutes, except those related to support;

(f) Any offense against a law enforcement officer, firefighter, or emergency medical care provider, including refusal to obey a lawful command;

(f) Resisting arrest with or without violence;

(g) Any felony drug offense;

(h) Any stalking or cyber stalking related offense;

(i) Culpable negligence;

(j) Crimes that involve the impersonation of a law enforcement officer or other official;

(k) Firearm-related offenses for Class G or K applicants or licensees;

(l) Offenses against elderly and disabled persons as set out in Chapter 825, Florida Statutes; or

(m) Accessory, conspiracy, or attempt to commit any of the above listed offenses.

(4) The Department will deny the application or revoke the license of any person who has been convicted of, or had adjudication of guilt withheld, for any directly related offense for the periods of time specified below.

(a) A conviction for a directly related felony unless and until civil rights have been restored by the State of Florida or by the jurisdiction in which the offense occurred, and a period of 10 years has expired since final release from supervision. For Class “G” and “K” licenses, firearms rights must also be fully restored.

(b) Adjudication of guilt withheld for a directly related felony, unless and until a period of three years has expired since final release from supervision.

(c) Conviction for a directly related first-degree misdemeanor, unless and until a period of two years has expired since final release from supervision.

(d) Adjudication of guilt withheld for a directly related first degree misdemeanor unless and until a period of one year has expired since final release from supervision.

(e) Notwithstanding the requirements of (a) through (d) of this subsection, when a person has entered a plea of nolo contendere, regardless of adjudication or jurisdiction, such plea creates a rebuttable presumption of guilt to the underlying criminal charges. The Division shall allow the licensee or applicant to present any mitigating circumstances surrounding his or her plea.  

Rulemaking Authority 493.6103, FS. Law Implemented 493.6100, 493.6101(7), 493.6105(3), 493.6106(1)(b), 493.6118 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Grea Bevis, Director, Division of Licensing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2018