The purpose of this rulemaking is to establish rules for the regulation of entities providing online training authorized by amendments to sections 493.6303 and 493.6105. F.S. and the creation of section 493.6132 F.S., effective ....
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5N-1.132Firearms Training
5N-1.140Security Officer, Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records
5N-1.142Agency Reporting Requirements
PURPOSE AND EFFECT: The purpose of this rulemaking is to establish rules for the regulation of entities providing online training authorized by amendments to sections 493.6303 and 493.6105. F.S. and the creation of section 493.6132 F.S., effective July 1, 2022. The effect will be to establish clear direction relating to class “D” & “G” online trainings to Security Schools and Firearm Instructors in the implementation of their new online training programs, and their responsibilities in record retention and reporting requirements to the Division of Licensing.
SUMMARY: The proposed rules and amendments will provide clear direction and guidance for the regulation of Security Schools and Firearm Instructors implementing online training authorized by amendments to sections 493.6303 and 493.6105, F.S. and the creation of section 493.6132 F.S., effective July 1, 2022, including general content and number of hours of each subject area to be taught, delivery method, security protocols, record retention, and reporting requirements. The proposed rules and amendments will update division materials and forms incorporated by reference.
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 economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon public comments at rule development workshops and a checklist of potential adverse impacts or regulatory costs, ultimately concluding that impacted entities will not incur adverse direct or indirect costs as a result of the proposed rule. Additionally, no interested party submitted additional information regarding the economic impact.
Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
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(5), 493.6115(8), 493.6132(4), (7), 493.6203(5), (6), 493.6303(2), (4), 493.6304(3), 493.6406(3) FS.
LAW IMPLEMENTED: 493.6105, 493.6112, 493.6113(3), 493.6115, 493.6118, 493.6121, 493.6132, 493.6203(5), (6), 493.6303(4), 493.6403(2), (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: Kevin Gay, Records Analyst, Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 5647, Tallahassee, Florida 32314; DOLPublicRec@fdacs.gov; (850)245-5459.
THE FULL TEXT OF THE PROPOSED RULE IS:
5N-1.132 Firearms Training.
(1) Initial Firearms Qualification.
(a) Except as provided in Section 493.6105(5), F.S., in order to initially qualify for a Class “G” Statewide Firearms License, an applicant must successfully complete 28 hours of range and classroom training taught by one or morea Class “K” firearms instructorsinstructor. The classroom training must be conducted by in-person instruction or live online instruction through a secure website, provided that the applicant’s identity, attendance and successful completion of training are verified by the instructor. 8 hours of the training must consist of in-person range training that includes training on the safe handling and storage of firearms. The initial 28-hour firearms course qualifies a Class “G” applicant to use the calibers of revolvers or semiautomatic handguns specified in Section 493.6115(6), F.S., that the applicant will use when performing duties regulated under Chapter 493, F.S. A licensee may carry only the specific type and caliber of firearm with which he or she has completed a successful course of training.
(b) As proof of successful completion of firearms training, each Class “G” applicant must submit the original white page from the Certificate of Firearms Proficiency for Statewide Firearms License, provided by his or her Class “K” firearms instructor(s) instructor upon completion of firearms training, to the Division of Licensing at any of the addresses listed in Rule 5N-1.100, F.A.C., of this rule chapter, along with his or her license application.
(2) Annual Firearms Requalification Training and Reporting Requirement.
(a) No Change.
(b) Each Class “G” licensee shall provide proof of successful completion of annual requalification training by submitting the original white page from the Certificate of Firearms Proficiency for Statewide Firearms License to the Division of Licensing at any of the addresses listed in Rule 5N-1.100, F.A.C., of this rule. These forms must be submitted each year on or before the month and day that appears on the face of the license as the expiration date.
1. through 3. No Change.
(3) No Change.
(4) Firearms Instruction.
(a) Firearms Training Manual Student Handbook and Study Guide. All Class “G” applicants seeking initial firearms qualification, and all Class “G” licensees seeking either annual requalification training or training to carry other types and calibers of firearms, must utilize the instruction material contained in the Firearms Training Manual Student Handbook and Study Guide, FDACS-P-02079, revised 01/2023effective 09/2016, which is hereby incorporated by reference and can be obtained at: [insert new hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-07672, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this chapter.
(b) Firearms Training Manual Instructor’s Guide. In coordination with the Firearms Training Manual Student Handbook and Study Guide incorporated in paragraph (4)(a), above, all Class “K” licensed firearms instructors must utilize the instruction requirements and materials contained in the Firearms Training Manual Instructor’s Guide, FDACS-P-02078, revised 01/2023effective 06/2016, which is hereby incorporated by reference and can be obtained at: [insert new hyperlink]http://www.flrules.org/Gateway/reference.asp?No=Ref-07671, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this chapter.
(c) Firearms instructors may use audio/video material as an instructional aidaide when teaching the classroom portion of the firearms training course, however, in no case shall an instructor rely solely on the use of audio/video material. Firearms classroom instruction must be conducted by in-person instruction, or by live online instruction through a secure website, provided the applicant’s identity, attendance and successful completion of training are verified by the instructor. presented as live, in-person classes where Tthe firearms instructor must conduct the firearm training live is present to allow for necessary student teacher interaction in real time (simultaneously) when teaching students to use firearms.
(d) Certificate of Firearms Proficiency for Statewide Firearms License.
2. When a student completes a 28-hour or 4-hour firearms proficiency course, the Class “K” firearms instructor administering the course must ensure the triplicate Certificate of Firearms Proficiency for Statewide Firearm License is accurately completed, and have the student sign and date the certificate. A The Class “K” instructor administering the any portion of the firearm training course shall provide to each Class “G” student an electronic or paper copy of each reported the original white and pink pages from the Certificate of Firearm Proficiency for Statewide Firearm License form(s) within 3 business days of class completion. The instructor shall retain a copy of the completed certificate(s) certificate’s yellow page in his or her records as indicated in paragraph (4)(e), of this rule.
3. Students who lose or damage the original white or pink page of their copy of the Certificate of Firearms Proficiency for Statewide Firearms License, should contact their instructor for a copy of the completed certificateduplicate original page. An instructor issuing a duplicate certificate to a student, must write “Duplicate” in the certificate’s comment section.
4. The following instructions are for use by firearms instructors when completing the Certificate of Firearms Proficiency for Statewide Firearm License. Every section of the Certificate must be completed. The categories below correspond to the sections in the Certificate of Firearms Proficiency:
a. Student Name: Name of student for a Class “G” license.
b. Student Date of Birth: (mm/dd/yyyy).
c. Type of Training: Select whether the student completed the initial 28-hour qualifying course, or a 4-hour course, whether annual requalification or qualification for use of other types and calibers of approved firearms. Include student’s Class “G” license number if he or she is already licensed.
d. Range Score.
e. Written Exam Score.
f. Type: State whether the student qualified with a revolver, rifle, semi-automatic handgun, or a shotgun.
g. Firearm Caliber: Provide the caliber of the firearm with which the student qualified.
h. Name of Range: Provide the name of the range where the student shot his/her course of fire.
i. Range Street Address and City: Provide the street address and city where the student shot his/her course of fire.
j. Date Training Completed: Provide the date firearms training was completed.
k. Student Signature. Have the student sign the Certificate of Firearms Proficiency.
l. Comments: The instructor may include comments, if any, related to the student’s training in this section. In all cases where a student fails a firearms proficiency course, within 5 days of course completion, the instructor must submit the original white page from the failing student’s Certificate of Firearms Proficiency to the Division, stating in the comment section the reason for the student’s failure to qualify.
m. Instructor’s Certification: This section requires the instructor to certify that he/she has provided the legally required training. Note that Section 493.6120(7), F.S., makes it a third degree felony to knowingly issue or cause to be issued, a fraudulent training certificate certifying that required training was provided, when the person issuing the certificate knew, or reasonably should have known, that the certificate was fraudulent.
n. Instructor’s Name: Instructor’s name must be clearly printed or typed.
o. Instructor’s License Number: Provide the instructor’s Class “K” license number.
p. Instructor’s Signature: Signature of instructor which completes the certification referenced above.
q. Date Signed: Date the training is completed and signed by the instructor.
r. Phone Number: Instructor’s telephone must be clearly printed or typed.
(e) Firearms Instructor Recordkeeping Requirements.
1. Each firearms instructor shall maintain the following records:
a. A daily schedule that includes the date, location, and instructor’s name and license number for each class session.
b. A daily log for each class session containing the printed name and signature of each student who attended a live (in person) class.
c. A digital log of online students’ attendance and the method used by the instructor to verify each student’s identity.
d.c. A copy of The instructor’s yellow page from the Certificate of Firearms Proficiency for Statewide Firearms License issued to each Class “G” student that took the instructor’s course, including the yellow page from any duplicate certificate issued to a student.
e.d. Originals of all student tests, containing the student’s test score, the student’s printed name, the date the test was taken, and the student’s signature. Instructors are not required to keep student targets as part of their record keeping requirements.
2. Instructors can meet Division record-keeping requirements by maintaining their original paper records, or by scanning such records into an electronic format. Online training records may be retained in electronic form as long as they are reproducible or transmittable upon request from an investigator of the department.
3. No Change.
4. Records shall be maintained for a minimum period of two years at the place of business of the Class “K” instructor or at the address listed on the Class “K” instructor’s instructors license. Each instructor shall immediately produce student records for inspection by an investigator of the department employees of the Division of Licensing upon request.
5. An instructor conducting an online course must maintain records of all training sessions, including the name and license number of the instructor who is present online with the students while the students are receiving instruction, and proof of compliance with all security protocols at the instructor’s place of business in this state. The records required under this subsection must immediately be made accessible to the department's investigators upon request. If all electronic records are not immediately available, an instructor shall explain to the requesting investigator why the records are not immediately available and provide the records within 3 business days.
(5) Firearm online training. All or part of the 20 hours of classroom training may be completed through live online instruction provided that:
(a) One or more Class “K” instructors provide instruction in a live transmission format in which the instructor and students are participating in real time (simultaneously).
(b) All Class “K” instructors offering online training must maintain a physical location in Florida.
(c) The online instruction is conducted from a physical location in Florida.
(d) A Class "K" instructor(s) conducting an online course must provide the department’s investigators with live access to each course for the purposes of auditing, monitoring, or inspection upon request.
(e) The online instruction and testing are provided through a secure website using a Secure Socket Layer (SSL) or Transport Layer Security (TLS) technology.
(f) The student’s identity is verified by the instructor using the student’s U.S. state or federal issued photo identification such as a driver license, or state issued identification card.
(g) The student’s daily attendance is verified by the instructor and documented in a digital log.
(h) The Class “K” instructor(s) conducting an online class must utilize an online platform that limits each student’s log-in to a single device at all times.
(i) The Class “K” instructor(s) conducting an online class must utilize an online platform that includes security questions (challenges) to ensure each student is actively participating. A student must successfully respond to each security question (challenge). At least one security question (challenge) shall be provided every two hours of instruction, with the opportunity to re-attempt an unsuccessful response within 5 minutes. If a student fails to successfully respond to a re-attempted security question (challenge), the online platform must mark the student absent. A Class “K” instructor(s) may provide a student an opportunity to explain an unsuccessful response to a security question (challenge) and allow the student to make up time lost due to absence or fail the student for non-participation.
(j) Live instruction using screens with text must require a student to spend a minimum of one minute per every 50 words of text before moving to the next screen. An instructor may prorate the minimum time spent on each screen having fewer than 50 words. The instructor must discuss the content presented in each screen.
(k) Students shall be given the opportunity to submit questions to a Class “K” instructor concerning the classroom training.
(l) If a student is absent during an online class, the Class “K” instructor may deliver up to 4 hours of missed class to the student using recorded instruction. The student shall be allowed to submit questions to a Class “K” instructor concerning the recorded instruction.
(m) Each test that is administered online shall have randomized test questions.
Rulemaking Authority 493.6103, 493.6105(5), 493.6115(8), 493.6132(4),(7) FS. Law Implemented 493.6105, 493.6113(3), 493.6115, 493.6121, 493.6132 FS. History–New 1-16-17, Amended________.
5N-1.140 Security Officer, Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records.
(1) Security Officer Schools and Training Facilities.
(a) through (b) No Change.
(c) No more than 50 percent of the questions in each subject area may be true or false questions, and 128 questions answered correctly is a passing score. The school or training facility shall issue a certificate of completion to each student who successfully completes the training standards established herein. Each certificate shall bear the name and license number of the school at which training was received and the number of hours of training completed.
(d) Within 3 business days from class completion, a school or training facility shall issue a Certificate of Security Officer Training to each student who successfully completes the training standards established herein, using Form FDACS-16103, effective 01/23, hereby incorporated by reference. A sample of the Certificate of Security Officer Training can be viewed at [insert new hyperlink], and on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. All training certificates issued by the security officer school or training facility must be generated via the online reporting form available through the school’s required LIAS account referenced in Rule 5N-1.142(4)(c), F.A.C.
(e)(d) All training programs approved by the Florida Criminal Justice Standards and Training Commission for certification of graduates as law enforcement officers or correction officers are deemed to be approved by the department as meeting the training requirements of section 493.6303(4), F.S.
(f) Online training. All or part of the prescribed classroom training and testing may be completed through live online instruction provided that:
1. One or more Class “DI” instructors provide instruction in a live transmission format in which the instructor and students are participating in real time (simultaneously).
2. The online instruction is conducted from a school or training facility in Florida.
3. The Class “DS” school where the class is being conducted or the Class “DI” instructor conducting the online course must provide the department’s investigators with live access to each course for the purpose of auditing, monitoring, or inspection upon request.
4. The online instruction and testing is provided through a secure website using a Secure Socket Layer (SSL) or Transport Layer Security (TLS) technology.
5. The student’s identity is verified by the instructor using the student’s U.S. state or federal issued photo identification such as a driver license, or state issued identification card.
6. The student’s daily attendance is verified by the instructor and documented in a digital log.
7. The Class “DS” school conducting an online class must utilize an online platform that limits each student’s log-in to a single device at all times.
8. The online platform used to conduct an online class must include security questions (challenges) to ensure each student is actively participating. A student must successfully respond to each security question (challenge). At least one security question (challenge) shall be provided every two hours of instruction, with the opportunity to re-attempt an unsuccessful response within 5 minutes. If a student fails to successfully respond to a re-attempted security question (challenge), the online platform must mark the student absent. A Class “DS” school may provide a student an opportunity to explain an unsuccessful response to a security question (challenge) and allow the student to make up time lost due to absence or fail the student for non-participation.
9. Live instruction using screens with text must require a student to spend a minimum of one minute per every 50 words of text before moving to the next screen. An instructor may prorate the minimum time spent on each screen having fewer than 50 words. The instructor must discuss the content presented in each screen.
10. Students shall be given the opportunity to submit questions to a Class “DI” instructor concerning the classroom training.
11. If a student is absent during an online class, the Class “DS” school may deliver up to 10 hours of missed class to the student using recorded instruction. The student shall be allowed to submit questions to a Class “DI” instructor concerning the recorded instruction.
12. Each test that is administered online shall have randomized test questions.
13. Before a Class “DS” school or training facility reports a student’s successful completion of training to the division, it shall verify that he or she completed the online training.
(2) through (4) No Change.
(5) Retention of records.
(a) Each school or facility administering examinations shall maintain for 2 years and make available for inspection upon request of the department the following records:
1.(a) A schedule which shall include the date, time, location and instructor of each class session;
2.(b) A separate file for each course which establishes that minimum course standards were met to include, at a minimum, the course materials and reference sources used for each class presentation and the original of each final exam bearing the grade received and the signature of the student;
3.(c) A log for each class session containing the signature of each student in attendance;
4.(d) A copy of Form FDACS-16103, effective 01/23, Certificate of Security Officer Training, any certificate, diploma or other record presented to each student which establishes the successful completion of the course of study and final examination.
5.(e) A separate file on each approved instructor containing, at a minimum, a copy of the qualifications and license of each.
6. Records shall be maintained for a minimum period of two years at the school or facility. Each school or facility shall immediately produce student records for inspection by an investigator of the department upon request.
(b) A Class “DS” security school or training facility conducting an online course, must also maintain a digital record of the student attendance log for each class session, records of all training sessions, including the name and license number of the instructor(s) who are present online with the students while the students are receiving instruction, and proof of compliance with all security protocols at the school or training facility’s place of business in this state. The records required under this subsection must immediately be made accessible to the department's investigators upon request. If all electronic records are not immediately available, the school or training facility manager shall explain to the requesting investigator why the records are not immediately available and provide the records within 3 business days.
(c) A school or training facility can meet division record-keeping requirements through the retention of the original paper records, or by scanning such records into an electronic format. Online training records may be retained in electronic form as long as they are reproducible or transmittable upon request from an investigator of the department.
Rulemaking Authority 493.6132(4), (7), 493.6203(5), (6), 493.6303(2), (4), 493.6304(3), 493.6406(3) FS. Law Implemented 493.6132, 493.6203(5), (6), 493.6303(4), 493.6403(2), (3), 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, Formerly 1C-3.140, Amended 1-1-05, 1-1-08, 8-26-08, 8-30-18, 6-23-19, __________.
5N-1.142 Agency Reporting Requirements.
(1) Hire and Termination of Employee(s).
(a) No Change.
(b) Notification shall be made electronically through submission of an Employee Action Report using the division’s licensing information and alert system portal located at the following website address: https://licensing.fdacs.gov/EAR/earlogin.aspx https://licensing.freshfromflorida.com/EAR/earlogin.aspx.
(c) through (f) No Change.
(2) through (3) No Change.
(4) Training Reporting Requirements.
(a) A Class “K” license instructor engaged in teaching, must register an account online via the Licensing Information and Alert System (LIAS) available on the department’s website https://licensing.fdacs.gov/lias/login.aspx, to report class completion of any portion taught by the Class “K” instructor, provide the division necessary information regarding a student’s eligibility for a Class “G” firearms license and to generate Certificates of Firearms Proficiency for Statewide Firearm License, on Form FDACS-16005, revised 01/23. The information required in this electronic reporting system is provided in the Training Reporting for Class “K” Instructors, Form FDACS-P-02189, effective 03/23, hereby incorporated by reference [insert hyperlink], and available on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. This form is provided for informational purposes only.
(b) Within 3 business days, a Class “K” instructor must electronically report to the Division of Licensing via their required LIAS account:
1. Any student who successfully completes any portion of the initial firearms qualification, consisting of both the in-person range and the classroom training (in person or online),
2. Any student who successfully completes annual requalification training.
3. Any student who successfully completes additional training for each type and caliber of approved firearm.
4. Any student who fails to satisfactorily complete any portion of prescribed training or testing.
(c) A school or training facility engaged in training, must register an account online via the Licesing Information and Alert System (LIAS) available on the department’s website https://licensing.fdacs.gov/lias/login.aspx, to report all students who successfully complete training, testing, and generate a Certificate of Security Officer Training form FDACS-16103, effective 02/23. The information required in this electronic reporting system is provided in the Training Reporting for Class “DS” Schools, Form FDACS-P-02188, effective 03/23, hereby incorporated by reference [insert hyperlink], and available on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. This form is provided for informational purposes only.
(d) Within 3 business days, a Class “DS” school or training facility must electronically report to the Division of Licensing via their required LIAS account any student who successfully completes classroom training in person or online.
Rulemaking Authority 493.6103 FS. Law Implemented 493.6105, 493.6112, 493.6118, 493.6115(9), 493.6303(4) FS. History–New 10-10-18, Amended _________.
NAME OF PERSON ORIGINATING PROPOSED RULE: Sean Garner, Director, Division of Licensing
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2023
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 28, 2022
Document Information
- Comments Open:
- 5/4/2023
- Summary:
- The proposed rules and amendments will provide clear direction and guidance for the regulation of Security Schools and Firearm Instructors implementing online training authorized by amendments to sections 493.6303 and 493.6105, F.S. and the creation of section 493.6132 F.S., effective July 1, 2022, including general content and number of hours of each subject area to be taught, delivery method, security protocols, record retention, and reporting requirements. The proposed rules and amendments ...
- Purpose:
- The purpose of this rulemaking is to establish rules for the regulation of entities providing online training authorized by amendments to sections 493.6303 and 493.6105. F.S. and the creation of section 493.6132 F.S., effective July 1, 2022. The effect will be to establish clear direction relating to class “D” & “G” online trainings to Security Schools and Firearm Instructors in the implementation of their new online training programs, and their responsibilities in ...
- Rulemaking Authority:
- 493.6103, 493.6105(5), 493.6115(8), 493.6132(4), (7), 493.6203(5), (6), 493.6303(2), (4), 493.6304(3), 493.6406(3) FS.
- Law:
- 493.6105, 493.6112, 493.6113(3), 493.6115, 493.6118, 493.6121, 493.6132, 493.6203(5), (6), 493.6303(4), 493.6403(2), (3), 493.6406(3) FS.
- Related Rules: (2)
- 5N-1.140. School Curriculum; Examinations; Retention of Records
- 5N-1.142. Agency Reporting Requirements