Clarify online training requirements for Class “DI” and “DS” licensees relating to the physical location where online training must be conducted, and clarify record keeping requirements for schools and facilities regulated ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing

RULE NO.:RULE TITLE:

5N-1.140Security Officer, Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records

PURPOSE AND EFFECT: Clarify online training requirements for Class “DI” and “DS” licensees relating to the physical location where online training must be conducted, and clarify record keeping requirements for schools and facilities regulated by Ch. 493 F.S., relating to training certificates.

SUMMARY: At the request of industry members, this rule clarifies that Class “DI” instructors must teach from a physical location in Florida when teaching an online training offered by a Class “DS” school. In addition, previous amendments to this rule, effective July 19, 2023, incorrectly eliminated language that applied to all schools and facilities regulated by this Rule, this rulemaking restores the previously deleted language.

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 on the office’s experience and knowledge of the industry and a checklist of potential adverse impacts or regulatory costs, ultimately concluding that impacted entities will not incur any 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 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: 493.6132(4), (7), 93.6203(5), (6), 493.6303(2), (4), 493.6304(3), 493.6406(3) F.S.

LAW IMPLEMENTED: 493.6132, 493.6203(5), (6), 493.6303(4), 493.6403(2), (3), 493.6406(3) F.S.

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; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 (e) No Change.

(f) Online training. All or part of the prescribed classroom training and testing may be completed through live online instruction provided that:

1. No Change

2. The online instruction is conducted from a physical location school or training facility in Florida.

3. through 13. No Change.

(2) through (4) No Change.

(5) Retention of records.

(a) Each school or facility administering examinations shall maintain the following records:

1. through 3. No Change.

4.A copy of any certificate, diploma or other record Form FDACS-16103, effective 01/23, Certificate of Security Officer Training, presented to each student which establishes the successful completion of the course of study and final examination.

5. through 6. No Change.

(b) through (c) No Change.

Rulemaking Authority 493.6132(4), (7), 93.6203(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, 7/19/23,  __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Raymaker, 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: July 30, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 5, 2024