| The following legislation is being considered
regarding CE for FL PIs; this is largely a measure being pushed through
by the Florida Association of Licensed Investigators who, no doubt, will
use it as a tool to boost their membership efforts. It would seem
that by the verbiage used in this bill requiring a private eye to
produce identification prior to being allowed into a continuing
education course, that online continuing education (CPE) for private
detectives will be expressly eliminated.
I'm not going to hold my breath on that one just yet...
HB 363
A bill to be entitled
An act relating to private investigative, private
security, and repossession services; amending s. 493.6106,
F.S.; increasing the minimum age required for certain
licensees; amending s. 493.6113, F.S.; conforming a
provision requiring certification of insurance coverage;
requiring certain licensees to complete specified
continuing education; requiring the Department of
Agriculture and Consumer Services to establish by rule
criteria for the approval of continuing education courses
and providers and the form for certificates of completion;
amending s. 493.6202, F.S.; requiring the department to
establish by rule certain fees relating to private
investigative services; amending s. 493.6203, F.S.;
requiring passage of an examination for licensure as a
private investigator; providing exemption for certain
licensees; requiring reexamination for relicensure under
certain circumstances; requiring successful completion of
certain coursework and passage of an examination for
licensure as a private investigator intern; requiring the
department to establish by rule the general content and
the form for certificates of completion of such training
and criteria for the examination; requiring reexamination
for relicensure under certain circumstances; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (a) of subsection (1) of section
493.6106, Florida Statutes, is amended to read:
493.6106 License requirements; posting.--
1) Each individual licensed by the department must:
(a) Be at least 18 years of age, except that Class "C,"
Class "MA," and Class "M" licensees must be at least 21 years of
age.
Section 2. Subsection (3) of section 493.6113, Florida
Statutes, is amended to read:
493.6113 Renewal application for licensure.--
3) Each licensee shall be responsible for renewing his or
her license on or before its expiration by filing with the
department an application for renewal accompanied by payment of
the prescribed license fee.
(a) Each Class "A," Class "B," or Class "R" licensee shall
additionally submit on a form prescribed by the department a
certification of insurance which evidences that the licensee
maintains adequate commercial general liability coverage as
required under s. 493.6110.
(b) Each Class "G" licensee shall additionally submit
proof that he or she has received during each year of the
license period a minimum of 4 hours of firearms recertification
training taught by a Class "K" licensee and has complied with
such other health and training requirements which the department
may adopt by rule. If proof of a minimum of 4 hours of annual
firearms recertification training cannot be provided, the
renewal applicant shall complete the minimum number of hours of
range and classroom training required at the time of initial
licensure.
Each Class "DS" or Class "RS" licensee shall
additionally submit the current curriculum, examination, and
list of instructors.
(d) Effective September 1, 2007, each Class "C," Class
"CC," Class "M," Class "MA," Class "E," Class "EE," Class "MR,"
and Class "RI" licensee shall provide proof, in a form
established by rule of the department, that the licensee has
completed not less than 6 hours of continuing education in
Florida law and rules regulating the professions, including
criminal law, court decisions, and legal opinions that impact
the professions, which may include 2 hours of terrorism
awareness, presented by approved providers, during the biennium
since the issuance or last renewal of the license. Licensees who
hold more than one license issued pursuant to this chapter shall
be required to complete the continuing education only once
during any biennium.
(e) The department shall by rule establish criteria for
the continuing education and approval of providers, including
requirements relating to the content of courses and provider
expertise. In order to obtain approval as a provider, the person
must be qualified by education or experience in the specific
area of instruction to be presented.
(f) Approved continuing education training shall be
conducted only by approved providers at various locations within
or outside the state at times convenient for licensees,
including weekends. Before entering the room where the training
occurs, each licensee shall present his or her personal license
to the approved provider, who shall physically verify the
personal identity and license number of the licensee. The
approved provider shall issue a certificate of completion to
each licensee who completes the approved courses. The
certificate shall be on a form established by rule of the
department and must be submitted with the application for
renewal of licensure.
Section 3. Paragraphs (f) and (g) are added to subsection
(1) of section 493.6202, Florida Statutes, to read:
493.6202 Fees.--
(1) The department shall establish by rule examination and
biennial license fees, which shall not exceed the following:
(f) Fee for the examination for private investigator:
$100.
(g) Biennial fee for provider approval: $200.
Section 4. Section 493.6203, Florida Statutes, is amended
to read:
493.6203 License requirements.--In addition to the license
requirements set forth elsewhere in this chapter, each
individual or agency shall comply with the following additional
requirements:
(1) Each agency or branch office shall designate a minimum
of one appropriately licensed individual to act as manager,
directing the activities of the Class "C" or Class "CC"
employees.
(2) An applicant for a Class "MA" license shall have at
least 2 years of lawfully gained, verifiable, full-time
experience, or training in:
(a) Private investigative work or related fields of work
that provided equivalent experience or training;
(b) Work as a Class "CC" licensed intern;
(c) Any combination of paragraphs (a) and (b);
(d) Experience described in paragraph (a) for at least 1
year and experience described as follows in paragraph (e) for 1
year;
(e) no more than 1 year using:
1. College coursework related to criminal justice,
criminology, or law enforcement administration; or
2. Successfully completed law enforcement-related training
received from any federal, state, county, or municipal agency;
or
(e)(f) Experience described in paragraph (a) for at least
1 year and work in a managerial or supervisory capacity for at
least 1 year.
(3) An applicant for a Class "M" license shall qualify for
licensure as a Class "MA" manager as outlined under subsection
(2) and as a Class "MB" manager as outlined under s.
493.6303(2).
(4) An applicant for a Class "C" license shall have 2
years of lawfully gained, verifiable, full-time experience, or
training in one, or a combination of more than one, of the
following:
(a) Private investigative work or related fields of work
that provided equivalent experience or training.
(b) College coursework related to criminal justice,
criminology, or law enforcement administration, or successful
completion of any law enforcement-related training received from
any federal, state, county, or municipal agency, except that no
more than 1 year may be used from this category.
(c) Work as a Class "CC" licensed intern.
(5)(a) Effective March 1, 2007, an applicant for a Class
"C" license who meets the experience criteria in subsection (4)
must pass an examination on the provisions of this chapter,
which shall be administered by the department or an examination
provider approved by the department. The applicant is not
required to pass the examination prior to submission of the
application but must do so prior to issuance of the license. The
administrator of the examination must verify the identity of
each applicant taking the examination.
(b) The examination requirements of paragraph (a) do not
apply to any individual who holds a valid Class "CC," Class "C,"
Class "MA," or Class "M" license issued on or before March 1,
2007.
(c) Notwithstanding the exemption in paragraph (b), any
individual whose license has been invalid for any reason for
more than 1 year must successfully pass the examination, even if
previously taken.
(6)(a) Effective September 1, 2007, an applicant for a
Class "CC" license must have, within the preceding 12 months,
satisfactorily completed a minimum 40-hour course from a school,
college, or university regulated by the Department of Education,
which course pertains to general investigative techniques and
this chapter, and shall pass an examination. The training
specified in this subsection may be provided by live
presentation, on line, or by home study in accordance with
Department of Education rules and procedures. The administrator
of the examination shall verify the identity of all applicants
taking the examination.
(b) Upon successful completion of the approved course, the
school, college, or university shall issue a certificate of
completion to the applicant. The certificate shall be on a form
established by rule of the department and must be submitted with
the application for the Class "CC" license.
(c) The department shall by rule establish the general
content of the training and examination criteria.
(d) Any individual whose Class "CC" license has been
invalid for any reason for more than 1 year must complete the
training, even if previously taken.
(7)(5) A Class "CC" licensee shall serve an internship
under the direction and control of a designated sponsor, who is
a Class "C," Class "MA," or Class "M" licensee.
(8)(6) In addition to any other requirement, an applicant
for a Class "G" license shall satisfy the firearms training set
forth in s. 493.6115.
Section 5. This act shall take effect July 1, 2006.
CODING: Words stricken are deletions; words underlined are additions. |