SB 1018 — Private Investigative Services

(e) Current residence address and mailing address.

(f) A statement of all criminal convictions, findings of guilt, and pleas of guilty or nolo contendere, regardless of adjudication of guilt.

An applicant for a Class “CG,” Class “G,” Page 2 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 or Class “K” license who is younger than 24 years of age shall also include a statement regarding any finding of having committed a delinquent act in any state, territory, or country which would be a felony if committed by an adult and which is punishable by imprisonment for a term exceeding 1 year.

(g) One passport-type color photograph taken within the 6 months immediately preceding submission of the application.

(h) A statement whether he or she has ever been adjudicated incompetent under chapter 744.

(i) A statement whether he or she has ever been committed to a mental institution under chapter 394.

(j) A full set of fingerprints, a fingerprint processing fee, and a fingerprint retention fee.

The fingerprint processing and retention fees shall be established by rule of the department based upon costs determined by state and federal agency charges and department processing costs, which must include the cost of retaining the fingerprints in the statewide automated biometric identification system established in s.

943.05(2)(b) and the cost of enrolling the fingerprints in the national retained print arrest notification program as required under s.

493.6108.

An applicant who has, within the immediately preceding 6 months, submitted such fingerprints and fees for licensing purposes under this chapter and who still holds a valid license is not required to submit another set of fingerprints or another fingerprint processing fee.

An applicant who holds multiple licenses issued under this chapter is required to pay only a single fingerprint retention fee.

Partners and corporate officers who do not possess licenses subject to renewal under s.

493.6113 are exempt from the Page 3 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 fingerprint retention requirements of this chapter.

(k) A personal inquiry waiver that allows the department to conduct necessary investigations to satisfy the requirements of this chapter.

(l) Such further facts as may be required by the department to show that the individual signing the application is of good moral character and qualified by experience and training to satisfy the requirements of this chapter.

(5) In addition to the requirements under subsection (3), an applicant for a Class “CG” license must submit proof that she or he:

(a) Has an active license to carry a concealed firearm issued pursuant to s.

790.06;

(b) Is a retired law enforcement officer who separated from service in good standing;

and who maintains her or his annual firearms proficiency qualification pursuant to the federal Law Enforcement Officers Safety Act,Act; may bear a firearm in the performance of her or his duties.

Pageor 1(c) ofIs 3an CODING:active law enforcement officer who maintains the annual firearms proficiency qualification required by her or his agency.

(6)(5) In addition to the requirements outlined in subsection (3), an applicant for a Class “G” license must satisfy minimum training criteria for firearms established by rule of the department, which training criteria includes, but is not limited to, 28 hours of range and classroom training taught and administered by a Class “K” licensee;

however, no more than 8 hours of such training shall consist of range training.

The department may waive the foregoing firearms training requirement Page 4 of 12 CODING:

Florida Senate - 2022 CS for SB 1018 20-00709-22577-02787-22 20221018__20221018c1 3.if:

A(c) ClassThe “C,”applicant Classsubmits “CC,” Class “D,” Class “M,” Class “MA,” or Class “MB” licensee who does not have a Classvalid “G”firearm licensecertificate butamong whothose isspecified an active law enforcement officer and who maintains the annual firearms proficiency qualification required by her or his agency, may bear a firearm in theparagraph performance(7)(a) of(6)(a). her or his duties.

(4)(a)1.Section 2.

AParagraphs Class(f) “C”and or(g) Class “CC” licensee who is 21 years of agesubsection or(1) older and hassubsection also(3) beenof issuedsection a493.6106, ClassFlorida “G”Statutes, license,are whoamended has a license to carryread: concealed firearms, or who meets the requirements of subparagraph (2)(b)2.

may493.6106 carry,License inrequirements; the performance of her or his duties, a concealed firearm.

posting.— (1) Each individual licensed by the department must:

(f) Be a citizen or permanent legal resident alien of the United States or have appropriate authorization issued by the United States Citizenship and Immigration Services of the United States Department of Homeland Security.

1.

An applicant for a Class “C,” Class “CC,” Class “D,” Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI” license who is not a United States citizen must submit proof of current employment authorization issued by the United States Citizenship and Immigration Services or proof that she or he is deemed a permanent legal resident alien by the United States Citizenship and Immigration Services.

AAn applicant for a Class “D”“CG,” licenseeClass “G,” or Class “K” license who is 21not yearsa ofUnited ageStates orcitizen oldermust andsubmit hasproof alsothat beenshe issuedor ahe Classis “G”deemed licensea orpermanent wholegal meetsresident alien by the requirementsUnited ofStates subparagraphCitizenship (2)(b)2.and Immigration Services.

may3. carry a concealed firearm in the performance of her or his duties under the conditions specified in s.

An applicant for an agency or school license who is not a United States citizen or permanent legal resident alien must submit documentation issued by the United States Citizenship and Immigration Services stating that she or he is lawfully in the United States and is authorized to own and operate the type of Page 5 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 agency or school for which she or he is applying.

An employment authorization card issued by the United States Citizenship and Immigration Services is not sufficient documentation.

(g) Not be prohibited from purchasing or possessing a firearm by state or federal law if the individual is applying for a Class “CG,” Class “G,” license or a Class “K” license.

(3) Each Class “C,” Class “CC,” Class “CG,” Class “D,” Class “DI,” Class “E,” Class “EE,” Class “G,” Class “K,” Class “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI” licensee shall notify the division in writing within 10 days of a change in her or his residence or mailing address.

Section 3.

Subsection (4) of section 493.6111, Florida Statutes, is amended to read:

493.6111 License;

contents;

identification card.— (4) Notwithstanding the existence of a valid Florida corporate registration, an agency or school licensee may not conduct activities regulated under this chapter under any fictitious name without prior written authorization from the department to use that name in the conduct of activities regulated under this chapter.

The department may not authorize the use of a name that is so similar to that of a public officer or agency, or of that used by another licensee, that the public may be confused or misled thereby.

The authorization for the use of a fictitious name must require, as a condition precedent to the use of such name, the filing of a certificate of engaging in business under a fictitious name under s.

865.09.

A licensee may not conduct business under more than one name except as separately licensed nor shall the license be valid to protect any licensee who is engaged in the business under any name other Page 6 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 than that specified in the license.

An agency desiring to change its licensed name must notify the department and, except upon renewal, pay a fee not to exceed $30 for each license requiring revision including those of all licensed employees except Class “CG,” Class “D,” or Class “G” licensees.

Upon the return of such licenses to the department, revised licenses shall be provided.

Section 4.

Subsections (2), (4), (5), (6), (8), and (9) of section 493.6115, Florida Statutes, are amended to read:

493.6115 Weapons and firearms.— (2)(a) Only Class “C,” Class “CC,” Class “D,” Class “M,” Class “MA,” or Class “MB” licensees are permitted to bear a firearm in the performance of their duties only if and any such licensee also has who bears a firearm shall also have a Class “G” license.

(b) Class “C” and Class “CC” licensees are permitted to bear a firearm in the performance of their duties only if such licensee also has a Class “CG” or Class “G” license.

(4) A Class “C” or Class “CC” licensee who is 21 years of age or older and has also been issued a Class “CG” or Class “G” license may carry, in the performance of her or his duties, a concealed firearm.

A Class “D” licensee who is 21 years of age or older and has also been issued a Class “G” license may carry a concealed firearm in the performance of her or his duties under the conditions specified in s.

(b) The Class “CG” or Class “G” license must clearly indicate such authority.

Section(5)(a) 2.The Class “G” license shall remain in effect only Page 7 of 12 CODING:

Subsections (3) and (4) of section 493.6305, Florida Statutes, are amended to read:

493.6305 Uniforms, required wear;

exceptions.— (3) Class “D” licensees who are authorized to carry a concealed firearm under s.

493.6115(4)(a)2.

also Class “G” licensees and who are performing limited, special assignment duties may carry their authorized firearm concealed in the conduct of such duties.

(4) Class “D” licensees who are authorized to carry a Page 2 of 3 CODING:

Florida Senate - 2022 CS for SB 1018 20-00709-22577-02787-22 20221018__20221018c1 concealedduring firearmthe underperiod s.the applicant is employed as a Class “C,” Class “CC,” Class “D,” Class “MA,” Class “MB,” or Class “M” licensee.

493.6115(4)(a)2.(b) The Class “CG” license shall remain in effect only during the period the applicant is employed as a Class “C” or Class “CC” licensee.

also(6) ClassIn “G”addition licenseesto andany whoother arefirearm performingapproved bodyguardby orthe executivedepartment, protectiona serviceslicensee maywho carryhas theirbeen authorizedissued firearma concealedClass while“CG” inor nonuniformClass as“G” neededlicense inmay thecarry conducta of.38 suchcaliber services.revolver;

Sectionor 3.a .380 caliber or 9 millimeter semiautomatic pistol;

or a .357 caliber revolver with .38 caliber ammunition only;

or a .40 caliber handgun;

or a .45 ACP handgun while performing duties authorized under this chapter.

A licensee may not carry more than two firearms upon her or his person when performing her or his duties.

A licensee may only carry a firearm of the specific type and caliber with which she or he is qualified pursuant to the firearms training referenced in subsection (8) or s.

493.6113(3)(b).

(8) A Class “G” applicant must satisfy the minimum training criteria as set forth in s.

493.6105(6) s.

493.6105(5) and as established by rule of the department.

(9) Whenever a Class “CG” or Class “G” licensee discharges her or his firearm in the course of her or his duties, the Class “CG” or Class “G” licensee and the agency by which she or he is employed shall, within 5 working days, submit to the department an explanation describing the nature of the incident, the necessity for using the firearm, and a copy of any report prepared by a law enforcement agency.

The department may revoke or suspend the Class “CG” or Class “G” licensee’s license and the licensed agency’s agency license if this requirement is not Page 8 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 met.

Section 5.

Present paragraphs (x), (y), and (z) of subsection (1) of section 493.6118, Florida Statutes, are redesignated as paragraphs (y), (z), and (aa), respectively, a new paragraph (x) is added to that subsection, and paragraphs (v) and (w) of that subsection and paragraph (a) of subsection (8) of that section are amended, to read:

493.6118 Grounds for disciplinary action.— (1) The following constitute grounds for which disciplinary action specified in subsection (2) may be taken by the department against any licensee, agency, or applicant regulated by this chapter, or any unlicensed person engaged in activities regulated under this chapter:

(v) For a Class “K” licensee, failing to maintain active certification specified under s.

493.6105(7) s.

493.6105(6).

(w) For a Class “CG,” Class “G,” or a Class “K” applicant or licensee, being prohibited from purchasing or possessing a firearm by state or federal law.

(x) For a Class “CG” licensee, failing to maintain active certification or licensure under s.

493.6105(5).

(8)(a) Upon notification by a law enforcement agency, a court, or the Department of Law Enforcement and upon subsequent written verification, the department shall temporarily suspend a Class “CG,” Class “G,” or Class “K” license if the licensee is arrested or charged with a firearms-related crime that would disqualify such person from licensure under this chapter.

The department shall notify the licensee suspended under this section of his or her right to a hearing pursuant to chapter 120.

A hearing conducted regarding the temporary suspension must Page 9 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 be for the limited purpose of determining whether the licensee has been arrested or charged with a disqualifying firearms- related crime.

Section 6.

Subsection (7) of section 493.6201, Florida Statutes, is amended to read:

493.6201 Classes of licenses.— (7)(a) Only Class “M,” or Class “MA,” Class “C,” or Class “CC” licensees are permitted to bear a firearm during the performance of their duties only if, and any such licensee also has who bears a firearm shall also have a Class “G” license.

(b) Class “C” and Class “CC” licensees are permitted to bear a firearm during the performance of their duties only if such licensee also has a Class “CG” or Class “G” license.

Section 7.

Paragraphs (b) and (d) of subsection (3) of section 493.6113, Florida Statutes, is amended to read:

493.6113 Renewal application for licensure.— (3) Each licensee is 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 renewal fee and the fingerprint retention fee to cover the cost of ongoing retention in the statewide automated biometric identification system established in s.

943.05(2)(b).

Upon the first renewal of a license issued under this chapter before January 1, 2017, the licensee shall submit a full set of fingerprints and fingerprint processing fees to cover the cost of entering the fingerprints into the statewide automated biometric identification system pursuant to s.

493.6108(4)(a) and the cost of enrollment in the Federal Bureau of Investigation’s national retained print arrest notification Page 10 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 program.

Subsequent renewals may be completed without submission of a new set of fingerprints.

(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 requalification training taught by a Class “K” licensee and has complied with such other health and training requirements that the department shall adopt by rule.

Proof of completion of firearms requalification training shall be submitted to the department upon completion of the training.

A Class “G” licensee must successfully complete this requalification training for each type and caliber of firearm carried in the course of performing his or her regulated duties.

If the licensee fails to complete the required 4 hours of annual training during the first year of the 2-year term of the license, the license shall be automatically suspended.

The licensee must complete the minimum number of hours of range and classroom training required at the time of initial licensure and submit proof of completion of such training to the department before the license may be reinstated.

If the licensee fails to complete the required 4 hours of annual training during the second year of the 2-year term of the license, the licensee must complete the minimum number of hours of range and classroom training required at the time of initial licensure and submit proof of completion of such training to the department before the license may be renewed.

The department may waive the firearms training requirement if:

1.

The applicant provides proof that he or she is currently certified as a law enforcement officer or correctional officer under the Criminal Justice Standards and Training Commission and Page 11 of 12 CODING:

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Florida Senate - 2022 CS for SB 1018 577-02787-22 20221018c1 has completed law enforcement firearms requalification training annually during the previous 2 years of the licensure period;

2.

The applicant provides proof that he or she is currently certified as a federal law enforcement officer and has received law enforcement firearms training administered by a federal law enforcement agency annually during the previous 2 years of the licensure period;

or 3.

The applicant submits a valid firearm certificate among those specified in s.

493.6105(7)(a) s.

493.6105(6)(a) and provides proof of having completed requalification training during the previous 2 years of the licensure period.

(d) Each Class “K” licensee shall additionally submit one of the certificates specified under s.

493.6105(7) s.

493.6105(6) as proof that he or she remains certified to provide firearms instruction.

Section 8.

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