Current through Reg. 50, No. 187; September 24, 2024
(1) Procedures.
Any person who meets the qualifications prescribed by Chapter 493, F.S., and
desires a license in the profession or services provided for in the law, shall
file with the division an application using the applications and support forms
in Rule 5N-1.100, F.A.C.
(a) In determining whether an applicant has
the experience required to perform the types of services permitted under the
license for which application is being made, the applicant shall, upon request
by the division, submit sworn affidavits from former employers during the
relevant time period, attesting that the applicant was employed and working at
the claimed profession or service.
(b) Each license issued by the division shall
specify on its face the classification of such license. No licensed agency or
individual shall engage in regulated activities reserved for any other
classification without possessing the appropriate license. No license issued in
any of the licensed classifications shall be transferable from the original
licensee to any other person. In addition, all licenses will expire at midnight
of every second or third year after its date of issuance.
(2) Out-of-State Security Personnel Providing
Temporary Security Services in Florida During Declared Emergencies. This
section is applicable only for the protection of persons and property following
a natural disaster or other emergency in response to which the Governor or the
appropriate federal agency has issued a state of emergency. Out-of-state
security personnel providing temporary security services in the state of
Florida during a declared emergency shall:
(a) Be currently licensed by another state or
territory which has licensure standards substantially similar to or greater
than those required by Chapter 493, F.S., for at least one year with no
disciplinary action taken against him or her by such state or an active law
enforcement officer currently certified by his or her state. For purposes of
this section, substantially similar shall mean requiring the completion of a
criminal history background check and classroom and range training as a
precondition of licensure;
(b)
Carry personal photo-identification issued by his or her home state and proof
of licensure issued by the home state;
(c) Carry only the firearms and ammunition
permitted by the licensing laws and rules of his or her home state, except that
rifles and shotguns shall be prohibited;
(d) Operate in this state only for the
duration of the declared state of emergency and any subsequent
extensions;
(e) Upon request,
provide a statement that the appropriate government official of his or her home
state agrees to accept service of process on his or her behalf; and,
(f) Be subject to the regulatory authority of
the department and the requirements of Chapter 493, F.S., and this rule
chapter. Failure to abide by these requirements will subject out of state
security personnel to disciplinary action as provided by Chapter 493, F.S., and
this rule chapter, except as provided herein.
(g) Be sponsored by a Class "B" Security
Agency licensed in this state. Sponsored out-of-state security personnel will
be considered an agent or an employee of the sponsoring "B" Security Agency
during the period the out-of-state personnel are providing services in this
state. A Class "B" Security Agency sponsor will ensure the sponsored personnel
comply with the requirements of Chapter 493, F.S., and this rule
chapter.
(3) Out-of-state
security personnel who are solely employed as either in-house or contracted
security personnel to an entity engaged in providing electric, gas, water,
wastewater or telecommunications services to the public, and are engaged in
infrastructure repair and service restoration, are exempted from paragraph
(2)(g) of this rule chapter.
Rulemaking Authority 493.6103, 493.6109 FS. Law Implemented
493.6105, 493.6109, 493.6111, 493.6113, 493.6118(1)(m)
FS.
New 2-4-91, Amended 2-1-93, 7-31-96, Formerly 1C-3.120,
Amended 12-16-13, 10-10-18.
