In its current version, this rule restricts out-of-state security personnel from coming into the state of Florida to provide security services during an officially declared state of emergency unless the security personnel are employed by a security ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Licensing (Formerly 1C)

RULE NO.:RULE TITLE:

5N-1.120Filing of Application; License Issuance and Temporary Authority of Out of State Licensees
PURPOSE AND EFFECT: In its current version, this rule restricts out-of-state security personnel from coming into the state of Florida to provide security services during an officially declared state of emergency unless the security personnel are employed by a security agency already licensed in Florida under the provisions of Chapter 493, F.S. The rule has not been substantially revised or updated since the early 1990s. The recommended changes are intended to achieve the following objectives.

1. The proposed language will revise this rule to establish up-to-date conditions that out-of-state security personnel must meet and abide by in order to enter Florida to provide services during a declared emergency. Specifically, out-of-state personnel must meet following criteria

a. they must be licensed as security personnel in their home state;

b. they must have received some minimum formal training in the security field; and,

c. they must have passed a criminal background check as part of the licensure process.

2. The rule will also allow out-of-state security personnel to carry whatever firearms and ammunition that are allowed under their home state's laws and rules, except that rifles and shotguns will be prohibited.

3. The revised rule will retain the requirement that out-of-state security personnel must be in agent or employee of a security agency already licensed in accordance with the laws of Florida; however, the rule will contain an exemption that will allow security personnel who are solely employed by a utility company (electric, gas, water, etc.) to come into Florida to assist Florida utilities with infrastructure repair and service restoration.

4. The rule specifically allows currently certified and active law enforcement officers to provide security services during a declared state of emergency

5. The rule specifies that out-of-state security personnel providing security services during a declared state of emergency will be subject to the authority of Chapter 493, Florida Statutes, and rule chapter 5N-1 while in this state, and they will be granted authority to work in Florida only for the duration of the declared state of emergency.

SUMMARY: The proposed language will retain specific restrictions concerning out-of-state personnel coming into Florida during a declared state of emergency; however, it will provide exemptions for out-of-state security personnel employed by utility companies that are coming into the state for the purpose of repair and restoration of service.

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 revision does not increase fees or provide for any enhanced regulatory oversight by the division. In fact, the rule allows licensed Florida security agencies to bring in their employees from out-of-state personnel from out-of-state to work during a declared state of emergency without having to go through the usual application process; thus, the rule actually benefits licensed agencies.

It should be noted that out-of-state security personnel providing security services after a declared state of emergency will be subject to the authority of Chapter 493, Florida Statutes, and rule Chapter 5N-1, F.A.C., while in this state, and they will be granted authority to work in Florida only for the duration of the declared state of emergency.

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, 493.6109 FS.

LAW IMPLEMENTED: 493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m) 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-1.120 Filing of Application; License Issuance and Temporary Authority for of Out-of-State Licensees During Declared Emergencies.

(1) Procedures. Any person who meets the qualifications prescribed by Chapter 493, F.S., and desires a license in the profession or services provided for in the law, shall file with the Division an application using the applications and support forms in Rule 5N-1.100, F.A.C.

(a) In determining whether an applicant has the experience required to perform the types of services permitted under the license for which application is being made, the applicant shall, upon request by the Division, submit sworn affidavits from former employers during the relevant time period, attesting that the applicant was employed and working at the claimed profession or service.

(b) When application is being made due to a change in corporate officers, a copy of the minutes of the meeting of the corporation’s board of directors, at which such change was affected shall accompany the application of the new officer(s).

(c) Each license issued by the Division shall specify on its face the classification of such license. No licensed agency or individual shall engage in regulated activities reserved for any other classification without possessing the appropriate license. No license issued in any of the licensed classifications shall be transferable from the original licensee to any other person. In addition, all licenses will expire at midnight of every second year after date of issuance.

(2) Out-of-State Security Personnel Providing Temporary Security Services in Florida During Declared Emergencies Licensees. This section is applicable only for the protection of persons and property following a natural disaster or other emergency in response to which the Governor or the appropriate federal agency has declared a state of emergency. Out-of-state security personnel providing temporary security services in the state of Florida during a declared emergency shall:

(a) Be currently licensed by another state or territory which has licensure standards substantially similar to or greater than those required by Chapter 493, Florida Statutes, for at least one year with no disciplinary action taken against him or her by such state or an active law enforcement officer currently certified by his or her state. For purposes of this section, substantially similar shall mean requiring the completion of a criminal history background check and classroom and range training as a precondition of licensure;

(b) Carry personal photo-identification issued by his or her home state and proof of licensure issued by the home state;

(c) Carry only the firearms and ammunition permitted by the licensing laws and rules of his or her home state, except that rifles and shotguns shall be prohibited;

(d) Operate in this state only for the duration of the declared state of emergency and any subsequent extensions;

(e) Upon request, provide a statement that the appropriate government official of his or her home state agrees to accept service of process on his or her behalf;

(f) Be subject to the regulatory authority of the department and the requirements of Chapter 493, Florida Statutes and this rule chapter. Failure to abide by these requirements will subject out of state security personnel to disciplinary action as provided by Chapter 493, Florida Statutes, and this rule chapter, except as provided herein.

(g) Be sponsored by a Class “B” Security Agency licensed in this state. Sponsored out-of-state security personnel will be considered an agent or an employee of the sponsoring “B” Security Agency during the period the out-of-state personnel are providing services in this state. A Class “B” Security Agency sponsor will ensure the sponsored personnel comply with the requirements of Chapter 493, Florida Statutes, and this rule chapter.

(3) Out-of-state security personnel who are solely employed as either in-house or contracted security personnel to an entity engaged in providing electric, gas, water, wastewater or telecommunications services to the public, and are engaged in infrastructure repair and service restoration, are exempted from subsection (2)(g) of this rule chapter.

(a) Only security agencies which are licensed in this state as Class “B” Security Agencies are eligible to apply for temporary approval of their out of state licensed or registered security officers to perform regulated activities in this state subject to the conditions and standards provided herein.

(b) Agency requirements. Class “B” Security Agencies requiring the services of their out of state employees to protect persons and property in this state shall make prior application with the Division by submitting the following:

1. A letter on agency or corporate letterhead identifying each security officer for which temporary authority is requested by name, social security number, state and number of individual license or registration, date of issuance, whether armed or unarmed, state and number of firearms licensed if to be armed; Submission of a social security number is required for identification purposes, to prevent misidentification and to facilitate the approval process.

2. A copy of the valid out of state license or registration on each security officer who is to be temporarily operating in this state. In those states where no licensure or registration document is issued to the security officer, an identification card issued by the employing agency may be provided;

3. A statement that each of the security officers intended to be temporarily operating in this state has been licensed or registered in his state of origin for at least one (1) year and has had no disciplinary action taken against him by such state at any time subsequent to licensure; and

4. A statement that the Secretary of State or other appropriate authority of the security officer’s state of licensure agrees to accept service of process while the security officer is engaged in regulated activity in the State of Florida.

(c) Temporary authority for out of state security personnel to operate in this state is valid for a maximum of sixty days from the date of temporary approval issuance by the Division. Renewal or extensions of temporary authority will not be granted. To operate beyond the sixty day period, out of state security personnel shall have received appropriate training as required of Florida licensed security personnel, and shall have submitted a complete application to the Division for a Class “D” Security Officer license, and, if armed, a Class “G” Statewide Firearms license.

(d) This rule is applicable only to out of state security personnel licensed by a state which has training and licensure standards substantially similar to or higher than those required by Chapter 493, F.S. Upon inquiry, but prior to the submission of an application by an agency licensed in this state, the Division will review the statutory requirements of the state from which security personnel are to be sent and advise the agency of its findings.

(e) Authority for out of state security officers to be armed while operating temporarily in this state is limited to standard .38 caliber revolvers and shotguns. The use of any other firearms is specifically prohibited without issuance of a firearms waiver by the Division.

(f) Security personnel granted authority to operate in this state on a temporary basis are subject to the regulatory authority of the Division and the requirements contained in Chapter 493, F.S., and Chapter 5N-1, F.A.C. Licensed agencies are responsible for assuring compliance with these requirements.

Rulemaking Authority 493.6103, 493.6109 FS. Law Implemented 493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m) FS. History–New 2-4-91, Amended 2-1-93, 7-31-96, Formerly 1C-3.120, Amended_________.

 

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: August 19, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 11, 2013