The proposed amendments to this rule are intended to merge rules in 2A-5.010 and 2A-5.011 into this rule and to clarify the rule language.

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NO.:RULE TITLE:

2A-5.005Minimum Safety Standards for Convenience Businesses

PURPOSE AND EFFECT: The proposed amendments to this rule are intended to merge rules in 2A-5.010 and 2A-5.011 into this rule and to clarify the rule language.

SUMMARY: The proposed rule amendments merge the rules 2A-5.010 and 2A-5.011 into this rule and to clarify the rule 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: this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, a Statement of Estimated Regulatory Costs (SERC) is not necessary and the rule will not require ratification by the Legislature.

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: 812.176 FS.

LAW IMPLEMENTED: 812.173, 812.174, 812.175 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: Edward A. Tellechea, Chief Assistant Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2A-5.005 Minimum Safety Standards, Training Curriculum, and Enforcement for Convenience Businesses.

(1) Each convenience business shall be equipped with the following security devices and standards that meet or exceed the provisions set forth below and those additional requirements enumerated in section 812.173, F.S.:

(2) (1) A security camera system must record a video image capable of recording and retrieving a recognizable and identifiable image of an offender to assist individuals involved in an investigation, in a format that can be enlarged and reproduced for distribution by law enforcement agencies to assist in their investigation. If one camera is not sufficient, additional cameras must be installed to capture the image of an offender at all register locations in use. The camera system shall be:

(a) Positioned to provide photographic coverage of all registers, capture the image of all offenders, and to in use and to minimize tampering by customers or offenders;

(b) Maintained on a routine basis to ensure that the camera system is working properly at all times; and

(c) Capable of continuous operation.

(d) Verification that the camera system is in proper working order and is in fact recording images as defined in subsection (1), above.

(3)(2) The A drop safe or cash management device must be bolted to the floor, installed in the floor or counter, installed or secured as specified by the manufacturer’s instructions or which weighs at least five hundred pounds, and prevents the retail employee from accessing surplus cash receipts. The drop safe or cash management device must:

(a) Be Drop safes or cash management devices must be installed and maintained as specified by the manufacturer.

(b) Offer Drop safes or cash management devices must offer protection against forced entry, and provide while providing a means for depositing currency, checks, and coins and the like, contained in bags or envelopes, or directly deposited into the body of the safe.

(3) A lighted parking lot illuminated at an intensity of at least 2 foot-candles per square foot at 18 inches above the surface.

(4) A conspicuous notice at the entrance which states that the cash register contains $50 or less.

(5) Window signage and window tinting must allow for a clear unobstructed view of the cash register and sales transaction area from inside or outside of the building and in a normal line of sight. The degree of window tinting shall allow for physical identification of all individuals in the sales transaction area from outside the building and in a normal line of sight at all times.

(4)(6) Conspicuous height markers with digits at least one inch in size at the inside entrance of the convenience business.

(5)(7) The A written cash management policy must be that is kept on site, limits the cash on hand at all times after 11:00 p.m. and before 5:00 a.m., and provides for:

(a) Guidelines for deposits to be made on a regular basis, but at variable intervals to minimize offender activity resulting from scheduled deposits or procedures for deposits picked up by an armored car service; and,

(b) An encouragement to drop cash in excess of $50 per register in the safe at all times after 11:00 p.m. and before 5:00 a.m.

(6) The robbery deterrence and safety training curriculum provided to employees pursuant to s. 812.174 must:

(a) Satisfy the minimum standards set forth in the document entitled “Robbery Deterrence and Safety Training Guidelines,” CBS-1 (01/93), effective 6-25-96, hereby adopted and incorporated by reference and can be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-_________; and

(b)   Be submitted to the Bureau of Criminal Justice Programs, Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, along with a $100 check or money order payable to the State of Florida for initial approval and, on biannual basis thereafter, pursuant to section 812.174, F.S.,

(7) Before the Department may take action to enforce a provision of the “Convenience Business Security Act,” sections 812.1701-.175, F.S., an inspection of a convenience business or businesses must be performed and properly documented on the form entitled “Convenience Business Security Inspection Form,” CBS-2 (Revised 4/09), effective 8-4-09, hereby adopted and incorporated by reference and can be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-_________.

(8) The owner or principal operator of a convenience business must respond to a notice of violation and provide proof of compliance by submitting to the Office of the Attorney General a completed form entitled “Voluntary Compliance Agreement,” CBS-3 (Revised 4/09), effective 8-4-09, hereby adopted and incorporated by reference and can be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-_________.

(9) Upon a showing that the owner or principal operator of a convenience business has a good faith intention to correct a violation and there is no evidence of unnecessary delay, the Office of the Attorney General shall grant a 90-day extension of time for correcting violations. However, if a violation is not timely corrected, civil fines shall be imposed in the following amounts:

(a) $1,000 for violation of any of the security requirements of sections 812.173(1) and (2), F.S.;

(b) $2,000 for violation of the silent alarm requirements in section 812.173(3), F.S.; or the employee training requirement in section 812.174, F.S.;

(c) $5,000 for violation of any of the security requirements in section 812.173(4), F.S.;

(d) $5,000 for any violation of the requirements indicated in paragraphs (3)(a)-(c), above, if the violation is found during the investigation of any of the crimes specified in section 812.173(4), F.S.

(10) When a civil fine is imposed, the Office of the Attorney General shall issue a certified, return receipt requested letter to the owner or principal operator demanding payment to the State of Florida within 21 days of receipt.

(11) The allegations contained in a notice of civil fine will become binding and final, and the right to an administrative hearing will be deemed waived, unless a request for administrative hearing under sections 120.569 and 120.57, F.S., is filed with the Office of the Attorney General within 21 days after receipt of the notice of civil fine.

Rulemaking Authority 812.176 FS. Law Implemented 812.173, 812.174, 812.175 FS. History–New 4-20-93, Joint Administrative Procedures Committee Objection Filed–See FAR Vol. 19, No. 48, December 3, 1993, Amended 2-24-94, Amended 6-25-96, 4-28-98, 8-4-09, Amendment resolved Joint Administrative Procedures Committee objection 2-24-94, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary Howze, Director, Law Enforcement Relations, Victim Services and Criminal Justice Programs

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ashley Moody, Attorney General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 13, 2020