Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5N - Division of Licensing
Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS
Section 5N-1.132 - Firearms Training

Universal Citation: FL Admin Code R 5N-1.132

Current through Reg. 50, No. 187; September 24, 2024

(1) Initial Firearms Qualification.

(a) Except as provided in Section 493.6105(5), F.S., in order to initially qualify for a Class "G" Statewide Firearms License, an applicant must successfully complete 28 hours of range and classroom training taught by one or more Class "K" firearms instructors. The classroom training must be conducted by in-person instruction or live online instruction through a secure website, provided that the applicant's identity, attendance and successful completion of training are verified by the instructor. 8 hours of the training must consist of in-person range training that includes training on the safe handling and storage of firearms. The initial 28-hour firearms course qualifies a Class "G" applicant to use the calibers of revolvers or semiautomatic handguns specified in Section 493.6115(6), F.S., that the applicant will use when performing duties regulated under Chapter 493, F.S. A licensee may carry only the specific type and caliber of firearm with which he or she has completed a successful course of training.

(b) As proof of successful completion of firearms training, each Class "G" applicant must submit the Certificate of Firearms Proficiency for Statewide Firearms License, provided by his or her Class "K" firearms instructor(s) upon completion of firearms training, to the Division of Licensing, along with his or her license application.

(2) Annual Firearms Requalification Training and Reporting Requirement.

(a) Each Class "G" license is valid for and subject to renewal every two years. During each 12-month period of the two-year term of the license, including the first 12-month period after the license was initially issued to the license holder, in order to remain eligible to continue to carry a Class "G" license, a Class "G" licensee must successfully complete 4 hours of range and classroom training taught by a Class "K" firearms instructor. Annual requalification training must be specific to each type and caliber of revolver or semiautomatic pistol the licensee carries while performing regulated duties.

(b) Each Class "G" licensee shall provide proof of successful completion of annual requalification training by submitting the Certificate of Firearms Proficiency for Statewide Firearms License to the Division of Licensing. These forms must be submitted each year on or before the month and day that appears on the face of the license as the expiration date.
1. A Class "G" licensee who successfully completes the 4-hour requalification training during the first 12-month period of the two-year term of the license, but who fails to provide proof to the division of having completed the training within the first-year reporting period, will have his or her Class "G" license automatically suspended until such time as the licensee provides proof of having timely received the completed training.

2. A Class "G" licensee who fails to take or to successfully complete the 4-hour annual requalification training during the first 12-month period of the two-year term of the license, will have his or her Class "G" license automatically suspended, and will be required to submit proof of successful completion of another 28 hours of range and classroom training as required at the time of initial licensure, in order for his or her license to be reinstated.

3. A Class "G" licensee who fails to take or to successfully complete the 4-hour annual requalification training during the second 12-month period of the two-year term of the license, will be required to submit proof of successful completion of another 28 hours of range and classroom training as required at the time of initial licensure, before his or her license will be renewed.

(3) Qualification with Other Types and Calibers of Approved Firearms.

(a) A Class "G" licensee whose job duties require him or her to carry a firearm of a type and caliber different from or in addition to the firearm upon which he or she is qualified, must take a 4-hour training class specific to that firearm type and caliber.

(b) In addition to completing the annual requalification training required to remain eligible for the Class "G" license as addressed in subsection (2) of this rule, a licensee who has also qualified to carry other types and calibers of approved firearms under this paragraph must complete annual requalifying training for each type and caliber of firearm he or she carries while performing regulated activities. Proof of successful completion of such training shall be submitted to the division as specified in paragraph (2)(b), above. A separate Certificate of Firearms Proficiency for Statewide Firearms License must be submitted to the division for each type and caliber of firearm that the licensee will be carrying while performing regulated activites.

(c) A Class "G" license will not be suspended based on a licensee's failure to requalify for a secondary firearm as long as the licensee has successfully completed annual requailification training for the type and caliber of revolver or semiautomatic pistol for which he or she has been qualified as their primary firearm. Failure to successfully requalify for a licensee's secondary firearm will result in the licensee's inability to utilize the secondary firearm until such time as he or she submits proof of successful annual requalification for the secondary firearm.

(4) Firearms Instruction.

(a) Firearms Training Manual Student Handbook and Study Guide. All Class "G" applicants seeking initial firearms qualification, and all Class "G" licensees seeking either annual requalification training or training to carry other types and calibers of firearms, must utilize the instruction material contained in the Firearms Training Manual Student Handbook and Study Guide, FDACS-P-02079, revised 01/2023, which is hereby incorporated by reference and can be obtained at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15446, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this chapter.

(b) Firearms Training Manual Instructor's Guide. In coordination with the Firearms Training Manual Student Handbook and Study Guide incorporated in paragraph (4)(a), above, all Class "K" licensed firearms instructors must utilize the instruction requirements and materials contained in the Firearms Training Manual Instructor's Guide, FDACS-P-02078, revised 01/2023, which is hereby incorporated by reference and can be obtained at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15447, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter.

(c) Firearms instructors may use audio/video material as an instructional aid when teaching the classroom portion of the firearms training course, however, in no case shall an instructor rely solely on the use of audio/video material. Firearms classroom instruction must be conducted by in-person instruction, or by live online instruction through a secure website, provided the applicant's identity, attendance and successful completion of training are verified by the instructor. The firearms instructor must conduct the firearm training live to allow for necessary student teacher interaction in real time (simultaneously) when teaching students to use firearms.

(d) Certificate of Firearms Proficiency for Statewide Firearms License.
1. A class "K" instructor must generate Certificates of Firearms Proficiency for Statewide Firearm License via the online reporting form available through their required LIAS account referenced in paragraph 5N-1.142(4)(a), F.A.C. A certificate must be generated for each student who completes training for either a 28-hour or 4-hour firearms proficiency course. If a 28-hour class is taught by more than one instructor, then each instructor shall be responsible for generating a certificate for each student for the number of hours of class the instructor taught. The Certificate of Firearms Proficiency for Statewide Firearm License, FDACS-16005 revised 01/23, is hereby incorporated by reference. A sample of the Certificate of Firearms Proficiency can be viewed at http://www.flrules.org/Gateway/reference.asp?No=Ref-15448, and on the division's forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx.

2. A Class "K" instructor administering any portion of the firearm training course shall provide to each Class "G" student an electronic or paper copy of each reported Certificate of Firearm Proficiency for Statewide Firearm License form(s) within 3 business days of class completion. The instructor shall retain a copy of the completed certificate(s) in his or her records as indicated in paragraph (4)(e) of this rule.

3. Students who lose their copy of the Certificate of Firearms Proficiency for Statewide Firearms License, should contact their instructor for a copy of the completed certificate.

(e) Firearms Instructor Recordkeeping Requirements.
1. Each firearms instructor shall maintain the following records:
a. A daily schedule that includes the date, location, and instructor's name and license number for each class.

b. A daily log for each class containing the printed name and signature of each student who attended a live (in person) class.

c. A digital log of online students' attendance and the method used by the instructor to verify each student's identity.

d. A copy of the Certificate of Firearms Proficiency for Statewide Firearms License issued to each Class "G" student that took the instructor's course.

e. Originals of all student tests, containing the student's test score, the student's printed name, the date the test was taken, and the student's signature. Instructors are not required to keep student targets as part of their record keeping requirements.

2. Instructors can meet division record-keeping requirements by maintaining their original paper records, or by scanning such records into an electronic format. Online training records may be retained in electronic form as long as they are reproducible or transmittable upon request from an investigator of the department.

3. Student records shall be maintained in a separate file by class, and shall not be commingled with student records from other classes. Within each such class file, each student's records shall be separately maintained within the file.

4. Records shall be maintained for a minimum period of two years at the place of business of the Class "K" instructor or at the address listed on the Class "K" instructor's license. Each instructor shall immediately produce student records for inspection by an investigator of the department upon request.

5. An instructor conducting an online course must maintain records of all training sessions, including the name and license number of the instructor who is present online with the students while the students are receiving instruction, and proof of compliance with all security protocols at the instructor's place of business in this state. The records required under this subsection must immediately be made accessible to the department's investigators upon request. If all electronic records are not immediately available, an instructor shall explain to the requesting investigator why the records are not immediately available and provide the records within 3 business days.

(5) Firearm online training. All or part of the 20 hours of classroom training may be completed through live online instruction provided that:

(a) One or more Class "K" instructors provide instruction in a live transmission format in which the instructor and students are participating in real time (simultaneously).

(b) All Class "K" instructors offering online training must maintain a physical location in Florida.

(c) The online instruction is conducted from a physical location in Florida.

(d) A Class "K" instructor(s) conducting an online course must provide the department's investigators with live access to each course for the purposes of auditing, monitoring, or inspection upon request.

(e) The online instruction and testing are provided through a secure website using a Secure Socket Layer (SSL) or Transport Layer Security (TLS) technology.

(f) The student's identity is verified by the instructor using the student's U.S. state or federal issued photo identification such as a driver license, or state issued identification card.

(g) The student's daily attendance is verified by the instructor and documented in a digital log.

(h) The Class "K" instructor(s) conducting an online class must utilize an online platform that limits each student's log-in to a single device at all times.

(i) The Class "K" instructor(s) conducting an online class must utilize an online platform that includes security questions (challenges) to ensure each student is actively participating. A student must successfully respond to each security question (challenge). At least one security question (challenge) shall be provided every two hours of instruction, with the opportunity to re-attempt an unsuccessful response within 5 minutes. If a student fails to successfully respond to a re-attempted security question (challenge), the online platform must mark the student absent. A Class "K" instructor(s) may provide a student an opportunity to explain an unsuccessful response to a security question (challenge) and allow the student to make up time lost due to absence or fail the student for non-participation.

(j) Live instruction using screens with text must require a student to spend a minimum of one minute per every 50 words of text before moving to the next screen. An instructor may prorate the minimum time spent on each screen having fewer than 50 words. The instructor must discuss the content presented in each screen.

(k) Students shall be given the opportunity to submit questions to a Class "K" instructor concerning the classroom training.

(l) If a student is absent during an online class, the Class "K" instructor may deliver up to 4 hours of missed class to the student using recorded instruction. The student shall be allowed to submit questions to a Class "K" instructor concerning the recorded instruction.

(m) Each test that is administered online shall have randomized test questions.

Rulemaking Authority 493.6103, 493.6105 (5), 493.6115(8), 493.6132(4), (7) FS. Law Implemented 493.6105, 493.6113(3), 493.6115, 493.6121, 493.6132 FS.

New 1-16-17, Amended 7-19-23.

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