13484472, 5N-1.120 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 13484472

Notice of Proposed Rule

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:

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.  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.

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:

9/9/2013 Vol. 39/175

COMMENTS:

From 9/9/2013 To 9/30/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.