5N-1.140: Security Officer and Recovery Agent School Curriculum; Examinations; Retention of Records
PURPOSE AND EFFECT: The purpose is to amend Rule 5N-1.140, F.A.C., to require Class “CC” private investigative interns to become trained before being licensed; to incorporate by reference a private investigative intern course curriculum developed by the Division; and to set in place procedures for how training and examinations will be conducted and by whom. The effect is to implement 2007 Laws of Florida, s. 1, ch. 2007-232.
SUMMARY: Adds a requirement that applicants for licenses to become private investigative interns take 40 hours of training (two training courses) and two examinations and submit proof of completion of the training before becoming licensed; incorporates by reference a training guide; provides for the general content of the training, who will provide training, and examination criteria; and adds Form 16062(9/08), Certificate of Completion; amends the rule title.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 493.6203(6)(b) FS.
LAW IMPLEMENTED: 493.6203(6)(b) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 6, 2008, 10:00 a.m.
PLACE: Conference Room, 2520 North Monroe Street, Tallahassee, Florida 32303
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John V. McCarthy, Assistant General Counsel, Department of Agriculture and Consumer Services, Division of Licensing, 2520 North Monroe Street, Tallahassee, FL 32303
THE FULL TEXT OF THE PROPOSED RULE IS:
5N-1.140 Security Officer, and Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records.
(1) through (3) No change.
(3) Private Investigator Examination. Beginning January 1, 2008 applicants for “Class M,” “MA,” and “C” licenses must submit proof, completed by the provider on Form 16060 (1/08), Certificate of Completion (incorporated by reference and available at http://mylicensesite.com/forms/index.html), of having successfully passed an examination that covers the provisions of Chapter 493, F.S. The examination, consisting of 100 questions, will be administered by a provider approved by the Division, after the examination fee of $100 is paid to the Division and the applicant's identity is verified by the provider. A passing score shall be 75 correct answers. The examination provider shall retain an examination file on each applicant for 2 years.
(4)(a) Beginning September 1, 2008, an applicant for a Class “CC” license must have completed at least 24 hours (Course A) of a 40-hour course pertaining generally to private investigative techniques and Chapter 493, F.S. at a state university, school, community college, college or university (hereafter “institution”) under the purview of the Florida Department of Education and must successfully pass an examination on Course A.
(b) The applicant must submit proof of completion of Course A on Form 16062(9/08), Certificate of Completion (incorporated by reference and available at http://mylicensesite.com/forms/index.html), with his or her application for licensure. The applicant must complete the remaining 16 hours (Course B), take an examination on Course B and submit proof of successfully passing the Course B examination, also on Form 16062, to the Division within 180 days of the date of submittal of his or her application. Applicants may complete both Course A and Course B before they apply for licensure. Certificates of Completions shall be issued by the institution.
(c) Institutions providing private investigative intern courses shall teach, at a minimum, the subject areas set forth in the Private Investigative Intern Training Curriculum Guide (LC1E188, eff. 9/08), incorporated by reference and available at http://mylicensesite.com/forms/index.html. Private investigative intern courses may be provided by face-to-face presentation, on-line technology, or home study. Whatever the mode of instruction, students shall attend or participate in sessions or classes in accordance with statutes, rules and procedures of the Florida Department of Education.
(d) Providers of private investigative intern courses shall verify the identity of an intern following procedures of the Florida Department of Education before examinations for Course A and B are taken. The examination for Course A shall consist of 100 questions, and 75 correct answers shall be a passing score. The examination for course B shall consist of 70 questions, and 53 correct answers shall be a passing score. For both examinations, no more than 50% of the questions may be true or false questions.
(5)(4) Retention of records. Each school, facility or provider of training shall maintain for 2 years and make available for inspection upon request of the department the following records:
(a) through (e) No change.
Specific Authority 493.6203(5), 493.6203(6) 2007, 2007 Laws of Florida, s.1, ch. 2007-232, 493.6303(4), 493.6304(3), 493.6403(2), 493.6406(3), FS. Law Implemented 493.6203(5) 2007, 493.6203(6), 493.6303(4), 493.6304(3), 493.6403(2), 493.6406(3), FS. History– New 10-1-91, Amended 2-18-93, 7-6-93, 10-6-93, 12-5-94, 7-31-96,1-1-05, 1-2-08, Formerly 1C-3.140, Amended_________.