13101904, 5N-1.120 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13101904

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Licensing

Chapter:

PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS

Overview

RULE:

5N-1.120

Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies

PURPOSE:

This rule imposes rather narrow restrictions, allowing only those security agencies already licensed in the State of Florida under the authority of Chapter 493, Florida Statutes, to bring in security personnel from outside the state to provide emergency security services after a formal declaration of a state of emergency by the Governor of the state of Florida or by an appropriate federal agency.  Because it is so restrictive in its current form, the rule poses a potential risk to the citizens of Florida in that it inhibits the ability of qualified out-of-state security service providers to come into Florida in the wake of a catastrophic natural disaster or other emergency situation that has had large-scale impacts on property, infrastructure, and the health and welfare of this state's citizens.  The proposed revision to this rule will relax these restrictions, allowing security personnel duly licensed in their home state to enter Florida to provide emergency security services without having to be licensed under Florida and without having to be employed by a security agency already doing business in the state of Florida.  Security personnel coming into the state must meet three conditions imposed by the rule: (1) they must be licensed as security personnel in their home state; (2) they must have received formal training as security officers; and (3) they must have been subjected to a background check as part of the determination of eligibility for licensure.  The proposed revision also establishes limits with respect to the kinds of firearms and ammunition that out-of-state security personnel can carry.  Finally, the rule also stipulates that currently certified and active law enforcement officers licensed from other states can also enter Florida to provide security services during a state of emergency.

SUBJECT:

Out-of-state security personnel providing emergency security services after a declared emergency.

RULEMAKING AUTHORITY:

493.6103, 493.6109, Florida Statutes

LAW:

493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m), Florida Statutes

PRINT PUBLISH DATE:

6/11/2013 Vol. 39/113

RELATED STATUTES
AND LAWS:

493.6103, 493.6109, Florida Statutes, 493.6105, 493.6106, 493.6108, 493.6109, 493.6111, 493.6112, 493.6113, 493.6118(1)(m), Florida Statutes

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5N-1.120&PDate=6/11/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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