Current through Reg. 50, No. 187; September 24, 2024
(1) In
addition to firearms authorized pursuant to Section
493.6115(6),
F.S., the department approves the following weapons for use by Class "G"
licensed employees of security and private investigative agencies, when
performing Chapter 493, F.S., regulated duties under the conditions identified
below. A Class "G" licensee is only authorized to carry a firearm of the
specific type and caliber with which she or he is qualified pursuant to the
firearms training referenced in Section
493.6105(5) or
493.6113(3)(b),
F.S.
(a) Use of 12-gauge pump-action shotguns
or semi-automatic rifles as a secondary weapon, to carry or to remain in a
vehicle, when the agency is engaged in:
1.
Fulfillment of contractual obligations to guard United States, state, or local
government facilities where the government contract specifically requires use
of these weapons.
2. Fulfillment of
contractual obligations to guard critical infrastructure facilities as defined
in Section 493.631, F.S., where the
contract specifically requires use of these weapons.
(b) Use of 12-gauge pump-action shotguns as a
secondary weapon, where the shotgun remains in a vehicle for use only if
needed, when the agency is engaged in:
1.
Armored car services or agencies that replenish automated teller
machines.
2. Courier services
involving the transport of large amounts of currency and/or
valuables.
3. Guarding and/or
transporting prisoners.
4. Close
protection bodyguard services.
(c) Use of automatic or select-fire firearms
when the licensed security or private investigative agency provides services
directly to the United States government, and the government contract
specifically requires use of these weapons.
(2) Ammunition Guidelines and Restrictions.
(a) Ammunition for semi-automatic rifles
shall be of .223/5.56 mm or of a statutorily compliant pistol caliber as
described in Section 493.6115(6),
F.S.
(b) Ammunition for the
12-gauge pump-action shotgun shall consist of .00 buckshot only. The use of
slug-type ammunition is prohibited.
(c) All ammunition must be otherwise
compliant with Rule 5N-1.129, F.A.C.
(d) Agency employees who carry firearms
approved under this rule are prohibited from using less-lethal ammunition. For
purposes of this rule, the term "less-lethal ammunition" means a projectile
that is designed to stun, temporarily incapacitate, or cause temporary
discomfort to a person without penetrating the person's
body.
(3) An agency
employee holding a Temporary Class "G" Statewide Firearms License is prohibited
from using the weapons specified herein, and are only authorized to utilize the
weapons specified in Section
493.6115(6),
F.S.
(4)
(a) Firearms waivers previously issued by the
division, authorizing the use of firearms by agency employees with Class "G"
licenses in circumstances and conditions where the use of such weapons are
prohibited by this rule, shall remain valid until such time as the contractual
obligations requiring the use of such weapons cease to exist.
(b) During the pendency of the agency's
contractual obligation referenced above, the agency shall on a quarterly basis,
provide the division with a list of all Class "G" licensed employees currently
assigned to perform security services for the contract in question. Each
quarter's list shall indicate which Class "G" employees, if any, have been
newly assigned to, or removed from, providing security services under the
agency's contract.
(c) Each such
agency shall notify the division within 15 days of cessation of the contractual
obligation referenced above. All future use of 12-gauge pump-action shotguns or
semi-automatic rifles shall be in accordance with this
rule.
Rulemaking Authority 493.6103 FS. Law Implemented
493.6115(6) FS.
New 12-11-16.