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-1.140 - Security Officer, Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records

Universal Citation: FL Admin Code R 5N-1.140

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

(1) Security Officer Schools and Training Facilities.

(a) A security officer school or training facility shall teach, at a minimum, and the students shall attend classes in the subject areas as set forth in the Security Officer Training Curriculum Guide P-01878 (Rev. 11/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-10454, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter. The security officer curriculum shall consist of 40 hours of instruction.

(b) Throughout or upon completion of the required curriculum, schools and training facilities shall administer testing of not less than 2 hours in duration. The examination(s) shall be approved by the division as meeting the content criteria of the Security Officer Training Curriculum Guide. Such examination(s) shall consist of 170 questions in total on the subjects contained in the Security Officer Training Curriculum Guide.

(c) No more than 50 percent of the questions in each subject area may be true or false questions, and 128 questions answered correctly is a passing score.

(d) Within 3 business days from class completion, a school or training facility shall issue a Certificate of Security Officer Training to each student who successfully completes the training standards established herein, using Form FDACS-16103, effective 01/23, hereby incorporated by reference. A sample of the Certificate of Security Officer Training can be viewed at http://www.flrules.org/Gateway/reference.asp?No=Ref-15449, and on the division's forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. All training certificates issued by the security officer school or training facility must be generated via the online reporting form available through the school's required LIAS account referenced in paragraph 5N-1.142(4)(c), F.A.C.

(e) All training programs approved by the Florida Criminal Justice Standards and Training Commission for certification of graduates as law enforcement officers or correction officers are deemed to be approved by the department as meeting the training requirements of Section 493.6303(4), F.S.

(f) Online training. All or part of the prescribed classroom training and testing may be completed through live online instruction provided that:

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

2. The online instruction is conducted from a school or training facility in Florida.

3. The Class "DS" school where the class is being conducted or the Class "DI" instructor conducting the online course must provide the department's investigators with live access to each course for the purpose of auditing, monitoring, or inspection upon request.

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

5. 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.

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

7. The Class "DS" school conducting an online class must utilize an online platform that limits each student's log-in to a single device at all times.

8. The online platform used to conduct an online class must include 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 "DS" school 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.

9. 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.

10. Students shall be given the opportunity to submit questions to a Class "DI" instructor concerning the classroom training.

11. If a student is absent during an online class, the Class "DS" school may deliver up to 10 hours of missed class to the student using recorded instruction. The student shall be allowed to submit questions to a Class "DI" instructor concerning the recorded instruction.

12. Each test that is administered online shall have randomized test questions.

13. Before a Class "DS" school or training facility reports a student's successful completion of training to the division, it shall verify that he or she completed the online training.

(2) Recovery Agent Schools and Training Facilities.

(a) Class E and EE applicants must complete 40 hours of training before they may be licensed. A recovery agent school or training facility shall teach, at a minimum, and the students shall attend classes in the subject areas as set forth in the Recovery Agent and Recovery Agent Intern Curriculum Guide P-01877 (06/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09653, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter.

(b) Upon completion of the required curriculum, schools and training facilities shall administer a final examination of not less than 1 hour in duration. The examination shall be approved by the division as meeting the content criteria of the Recovery Agent and Recovery Agent Intern Curriculum Guide. Such examination shall consist of 100 questions in total on subjects contained in the Recovery Agent and Recovery Agent Intern Curriculum Guide.

(c) No more than 50 percent of the questions in each subject area may be true or false questions, and 75 or more questions answered correctly is a passing score. The school or training facility shall issue a certificate of completion to each student who successfully completes the training standards established herein. Each certificate shall bear the name and license number of the school at which training was received.

(3) Private Investigator Examination. Applicants for Class "M, " "MA, " and "C" licenses must submit proof, completed by a member of a division regional office, on form 16060 (03/2018), Certificate of Completion, which is hereby incorporated by reference and can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-09650, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter, of having successfully passed an examination that covers the provisions of Chapter 493, F.S. The examination, consisting of 100 questions, will be administered by the division, after the examination fee of $100 is paid to the division and the applicant's identity is verified. A passing score shall be 75 correct answers.

(4)

(a) An applicant for a Class "CC" license must complete a 40-hour course pertaining generally to private investigative techniques and Chapter 493, F.S. at a state university, school, community college, college or university (hereafter "institution") under the purview of the Florida Department of Education and must successfully pass an examination.

(b) The applicant must submit proof of successfully passing the examination on Form 16062 (11/2017), Certificate of Completion, which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09651, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter, with his or her application for licensure. Certificates of Completion shall be issued by the institution.

(c) Institutions providing private investigative intern courses shall teach, at a minimum, the subject areas set forth in the Private Investigator Intern Training Curriculum Guide P-01876, (06/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09652, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter. Private investigative intern courses may be provided by face-to-face presentation, on-line technology, or home study. Whatever the mode of instruction, students shall attend or participate in sessions or classes in accordance with statutes, rules and procedures of the Florida Department of Education.

(d) Institutions shall verify the identity of an intern before the examination is taken. The examination shall consist of 170 questions, and 128 correct answers shall be a passing score. No more than 50% of the questions may be true or false questions.

(5) Retention of records.

(a) Each school or facility administering examinations shall maintain the following records:

1. A schedule which shall include the date, time, location and instructor of each class session;

2. A separate file for each course which establishes that minimum course standards were met to include, at a minimum, the course materials and reference sources used for each class presentation and the original of each final exam bearing the grade received and the signature of the student;

3. A log for each class session containing the signature of each student in attendance;

4. A copy of Form FDACS-16103, effective 01/23, Certificate of Security Officer Training, presented to each student which establishes the successful completion of the course of study and final examination.

5. A separate file on each approved instructor containing, at a minimum, a copy of the qualifications and license of each.

6. Records shall be maintained for a minimum period of two years at the school or facility. Each school or facility shall immediately produce student records for inspection by an investigator of the department upon request.

(b) A Class "DS" security school or training facility conducting an online course, must also maintain a digital record of the student attendance log for each class session, records of all training sessions, including the name and license number of the instructor(s) who are present online with the students while the students are receiving instruction, and proof of compliance with all security protocols at the school or training facility'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, the school or training facility manager shall explain to the requesting investigator why the records are not immediately available and provide the records within 3 business days.

(c) A school or training facility can meet division record-keeping requirements through the retention of the 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.

Rulemaking Authority 493.6132 (4), (7), 493.6203(5), (6), 493.6303(2), (4), 493.6304(3), 493.6406(3) FS. Law Implemented 493.6132, 493.6203(5), (6), 493.6303(4), 493.6403(2), (3), 493.6406(3) FS.

New 10-1-91, Amended 2-18-93, 7-6-93, 10-6-93, 12-5-94, 7-31-96, Formerly 1C-3.140, Amended 1-1-05, 1-1-08, 8-26-08, 8-30-18, 6-23-19, 7-19-23.

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