Proposed rule revisions amend and incorporate by reference revised versions of the Firearms Instructor’s Training Manual and the Certificate of Firearms Proficiency for Statewide Firearm License. Amendments make minor modifications to rule ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing (Formerly 1C)

RULE NOS.:RULE TITLES:

5N-1.100Organization

5N-1.134Licensed Firearms Instructors; Schools or Training Facilities; License Application

PURPOSE AND EFFECT: Proposed rule revisions amend and incorporate by reference revised versions of the Firearms Instructor’s Training Manual and the Certificate of Firearms Proficiency for Statewide Firearm License. Amendments make minor modifications to rule provisions and update legal references and requirements. The effect will be to provide an updated version of the Manual for instructor use when teaching students seeking to qualify for a Class “G” Statewide Firearm License.

SUMMARY: Proposed rule amendments include: establishment of a course schedule for, and a decrease in the number of rounds required to be fired during, annual requalification training; removal of close hip shooting from the curriculum; use of proportionally smaller targets at reduced-distance ranges; clarification that discretionary reduction of range training hours requires instructors add additional hours elsewhere in the curriculum to meet minimum statutory 28-hour class requirement; elimination of the requirement that an instructor provide students with a certificate of completion; requiring instructors submit a Certificate of Firearms Proficiency for Statewide Firearm License to the Division for all students that fail the course; and an update of statutory references and requirements.

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.

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(6), 493.6115(8), 493.6304(3), 493.6406(3) FS.

LAW IMPLEMENTED: 493.6102(6), 493.6105(6), (7), 493.6115(8), 493.6121, 493.6203(2)-(4), 493.6303(2), (3), 493.6304(3), 493.6406(3) 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: Ken Wilkinson, Assistant Director – Division of Licensing, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5N-1.100 Organization.

The Division of Licensing (Division), Department of Agriculture and Consumer Services (Department) is statutorily empowered with the authority to ensure that the public is protected from private investigation, security, and repossession services by individuals who have a criminal history, or are insufficiently or improperly trained in the field, or are unlicensed, or by agencies that are improperly insured, or are managed in a manner which does not assure compliance with the law and these rules by its licensed employees.

(1) through (5) No change.

(6) Division Forms. Requests for public information or copies of the following applications and support forms, which are incorporated by reference in this rule, may be made by contacting any Division office. Addresses for each Division office are listed in subsection (2) of this rule.

Firearms Instructors’ Training Manual	LC1E100	(eff. 12/94)
Certificate of Firearms Proficiency for Statewide Firearm Permit	DACS-16005	(eff. 7/96)
Election of Rights – Administrative Complaint	DACS-16011	(eff. 8/93)
Election of Rights – License Denial	DACS-16015	(eff. 8/93)
Application for Class “D” Security Officer License	DACS-16007	(eff. 8/95)
Application for Class “G” Statewide Firearm License	DACS-16008	(eff. 8/95)
Personal Inquiry Waiver	DACS-16009	(eff. 1/95)
Disclosure Notice	LC2E009	(eff. 1/95)
Acknowledgment Card – Class “D”	DACS-16037	(eff. 1/95)
Certification of Insurance	DACS-16004	(eff. 1/06)
Important Notice (Application for Refund Form Enclosed)	LC2E037	(eff. 1/95)
Employee Action Report	DACS-16006	(eff. 1/95)
Application for School or Training Facility License	DACS-16003	(eff. 7/27/04)
Application for Security Officer Instructor License	DACS-16014	(eff. 9/95)
Termination/Completion of Sponsorship for Private Investigator Intern	DACS-16016	(eff. 10/94)
Termination/Completion of Sponsorship for Recovery Agent Intern	DACS-16017	(eff. 10/94)
Application for Private Investigator or Private Investigator Intern License	DACS-16018	(eff. 8/95)
Application for Recovery Agent or Recovery Agent Intern License	DACS-16019	(eff. 1/95)
Application for Firearms Instructor License	DACS-16020	(eff. 7/95)
Application for Manager’s License	DACS-16021	(eff. 7/95)
Application for Agency License	DACS-16022	(eff. 8/95)
Affidavit of Experience – Class “C”	DACS-16023	(eff. 1/95)
Affidavit of Experience – Class “E”	DACS-16024	(eff. 1/95)
Application for Branch Agency License	DACS-16025	(eff. 6/95)
Application for Recovery Agent Instructor License	LC2E160	(eff. 11/95)
Letter of Intent to Sponsor Private Investigator Intern	DACS-16026	(eff. 10/94)
Letter of Intent to Sponsor Recovery Agent Intern	DACS-16027	(eff. 10/94)
Affidavit of Experience – Class “MA”, “MB”, “M”, “MR”	DACS-16028	(eff. 1/95)
Firearms Incident Report	DACS-16001	(eff. 4/93)
Affidavit	DACS-16002	(eff. 2/96)
Temporary Class “G” License – Agency Certification	DACS-16013	(eff. 10/94)
Temporary Class “G” License – Criminal History Background Check	LC3E164	(eff. 10/94)
Revised/Duplicate/Renewal License Request	DACS-16029	(eff. 1/95)
Compliance Inspection Report	DACS-16034	(eff. 7/96)
Intern Biannual Progress Report	DACS-16033	(eff. 10/94)
Security Officer Training Curriculum Guide	LC1E186	(eff. 7/96)
Recovery Agent/Intern Curriculum Guide	LC1E187	(eff. 7/96)
New License Inspection Report	DACS-16030	(eff. 7/96)
School Inspection Report	DACS-16031	(eff. 6/95)
Change of Address	DACS-16032	(eff. 7/96)

(7) No change.

Rulemaking Authority 493.6103 FS. Law Implemented 120.565, 493.6102(6), 493.6105(6), 493.6115(8), 493.6121, 493.6203(2)-(4), 493.6303(2), (3) FS. History–New 2-4-91, Amended 7-31-96, 2-17-00, Formerly 1C-3.100, Amended 1-24-06,_________.

 

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

(1)(a) Firearms Instructor’s Training Manual Licensed Firearms Instructors. All licensed fFirearms iInstructors 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-_________.

(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-________. Instructions for completing the Certificate of Firearms Proficiency can be found in the Division’s Firearms Instructor’s Training Manual referenced above.

(2) through (3) No change.

Rulemaking Authority 493.6103 493.6105(6), 493.6115(8), 493.6304(3), 493.6406(3) FS. Law Implemented 493.6105(6), (7), 493.6115(8), 493494.6304(3), 493.6406(3) FS. History–New 10-1-91, Amended 2-18-93, 7-6-93, 7-31-96, Formerly 1C-3.134, Amended 7-27-04,__________.

 

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: February 12, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 10, 2014