2A-5.005: Minimum Safety Standards for Convenience Businesses
2A-5.010: Procedure for Employee Curriculum Approval
2A-5.011: Enforcement
PURPOSE AND EFFECT: The proposed rule amendments and rule repeal are intended to update the rules to reflect changes in the convenience store industry and to remove outdated language.
SUMMARY: The proposed amendment to Rule 2A-5.005, F.A.C., deletes outdated language in the rule. Rule 2A-5.010, F.A.C., is being repealed since the rule is no longer necessary. The amendment to Rule 2A-5.011, F.A.C., updates the inspection form and the voluntary compliance agreement.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The following is a summary of the Statement of Estimated Regulatory Costs:
1. The proposed change will require C-Store owners to maintain the security camera system in working condition so that images are recorded in the proper format. Training curriculums for employees of C-Stores will no longer be approved by the Department of Legal Affairs.
2. Approximately 10,000 C-Stores in the state are potentially affected by the rule changes.
3. The rule changes will not require any governmental entity to incur additional costs or receive additional revenues.
4. No transaction costs will be incurred by any person or entity as a result of the rule change. The rule formalizes changes that have already taken place.
5. The Department believes the impact of the rule will be to allow for changes in technology that have already occurred, and that those changes will continue to assist law enforcement in identifying criminals who try to rob C-Stores.
The complete Statement of Estimated Regulatory Costs is available by contacting: Rick Nuss, Chief, Bureau of Criminal Justice Programs, at the address listed below.
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: 812.176 FS.
LAW IMPLEMENTED: 120.57, 812.173, 812.174 812.175 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rick Nuss, Chief, Bureau of Criminal Justice Programs, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050
THE FULL TEXT OF THE PROPOSED RULE IS:
2A-5.005 Minimum Safety Standards for Convenience Businesses.
Each convenience business shall be equipped with the following security devices and standards:
(1) A security camera system capable of recording and retrieving a recognizable and identifiable image of an offender to assist individuals involved in an investigation, in a format that can be enlarged and reproduced for distribution by law enforcement agencies. If one camera is not sufficient, additional cameras must be installed to capture the image of an offender at all register locations in use. The camera system shall be:
(a) Positioned to provide photographic coverage of all registers in use and to minimize tampering by customers or offenders;
(b) Maintained on a routine basis to ensure that the camera system is working properly at all times;
(c) Capable of continuous operation. or activation by a remote triggering device such as a concealed button or bill trap alarm; and
(d) Verification that the camera system is in proper working order and is in fact recording images as defined in Section (1) above in accordance with the standards listed above shall be maintained on the premises in the form of test photographs produced annually. The system shall be maintenanced no less than once every four months, documented on a maintenance log kept on the premises.
(2) through (7) No change.
(8) Unless an exemption is granted by the Office of the Attorney General under Section 812.173(3), F.S., a silent alarm which activates a signal to a law enforcement or a private security agency is required. Silent alarms shall have a primary and secondary power source. Silent alarms must be installed by a contractor licensed by the Florida Electrical Contractors' Licensing Board pursuant to the provisions of Chapter 489, F.S. Silent alarms shall be maintenanced regularly in accordance with the manufacturer's specifications and in proper working order at all times the business is open.
(9) If a murder, robbery, sexual battery, aggravated assault, aggravated battery, kidnaping or false imprisonment has occurred at a convenience business, the business must meet additional requirements under Section 812.173(4), F.S.
Rulemaking Specific Authority 812.176 FS. Law Implemented 812.173 FS. History–New 4-20-93, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 19, No. 48, December 3, 1993, Amended 2-24-94, 6-25-96, 4-28-98,________.
2A-5.010 Procedure for Employee Curriculum Approval.
Rulemaking Specific Authority 812.176 FS. Law Implemented 812.174 FS. History–New 4-20-93, Amended 6-25-96, Repealed ________.
2A-5.011 Enforcement.
(1) Before the Department may take action to enforce a provision of the “Convenience Business Security Act,” Sections 812.1701-.175, F.S., an inspection of a convenience business or businesses must be performed and properly documented on the form entitled "Convenience Business Security Inspection Form,” CBS-2 (Revised 4/09) (04/96), effective _________ 6-25-96, which is incorporated by reference in these rules.
(2) The owner or principal operator of a convenience business must respond to a notice of violation and provide proof of compliance by submitting to the Office of the Attorney General a completed form entitled "Voluntary Compliance Agreement," CBS-3 (Revised 4/09) (2/98), effective _________ 4-28-98, which is incorporated by reference in these rules.
(3) through (5) No change.
Rulemaking Specific Authority 812.176 FS. Law Implemented 120.57, 812.175 FS. History–New 4-20-93, Amended 6-25-96, 4-28-98,________.