Past Meetings

June 25, 2009
PIRSAC
Orlando

Chairman Alan Lamarche called the meeting to order at 9:00 a.m. and welcomed everyone to the meeting. He asked Drew Levine to lead everyone in the Pledge of Allegiance. Mr. Lamarche introduced himself and asked the other Council members to introduce themselves, their companies, and the industries they represent.

Mr. Lamarche introduced Ms. Crawford, the Director for the Division of Licensing, and asked Ms. Crawford to introduce her staff.

Ms. Crawford introduced Debbie Barber, Administrative Assistant, and Celine Melton, Management Analyst, both of whom work in the Director’s office. She then introduced Art Varnadore, Chief of the Bureau of Regulation and Enforcement (BRE), who is in charge of all Regional Offices. Mr. Varnadore introduced Joe Barry, Investigator Supervisor, Robert Baird and Ken Hawes, Investigation Specialists with the Orlando Regional Office.

Mr. Lamarche recognized Joe Taylor and Michelle Morton as former council members and thanked them for their many contributions to the industry and to the council.

Mr. Lamarche asked attendees to introduce themselves, provide the name of the agency they represent, and the types of licenses held. He thanked everyone for taking time from his or her busy schedule to attend the meeting. Mr. Lamarche stated that Orlando always has a great turnout from the industry.

Mr. Lamarche called for a reading of the March 19, 2009, meeting minutes.

MOTION by Mr. David Merrill: To waive the reading of the prior meeting minutes and accept as approved.

Second: Ms. Patricia Schmitt

Motion approved unanimously.

Comments by Chairman

Mr. Lamarche explained the purpose of the Council. He advised that the Council has eleven members. Five represent the private security industry, three represent the private investigative industry, one represents the recovery industry, one member regularly contracts with a Class “A”, “B”, or “R” agency, and one is an active law enforcement officer. Their terms are for four years. The members of the Council hold non-paid positions, their only reimbursement is for expenses to meetings. Council meetings are held quarterly at various locations throughout the State. The Council’s role is to listen to input from the industry, and make recommendations to the Division of Licensing.

Mr. Lamarche requested that the Council members and audience be recognized by the chair before speaking in order to help the meeting move along more expediently.

Mr. Lamarche asked Ms. Crawford to proceed with comments on behalf of the Division of Licensing.

Comments by Division of Licensing – Constance N. Crawford, Division Director

Legislation and Budget

Ms. Crawford reported on 2009 legislation. She stated the Department’s General Ag Bill did not pass (SB0868 and HB1447), resulting in no changes to Chapter 493 this year.

She indicated that the state’s operating budget was the big issue for the 2009 Legislature because of the continuing revenue shortfall in Florida. She stated that the Division of Licensing fared remarkably well with regard to its budget requests. While the Division did not receive approval for the 24 full-time positions requested, funding for the continuation of many of the OPS (temporary employees) was approved for the 2009-2010 fiscal year.

The Technology Review Workgroup (TRW) recommended and approved funding for the Division to purchase an Interactive Voice Response (IVR) system. This automated system will give an applicant/licensee the ability to enter identifying information via the telephone key pad or voice recognition which will be used to look up the individual’s license/application record and electronically provide the caller information related to the status of his/her initial or renewal application. The concept thus far is for an applicant to be assigned a unique tracking number to check on the status of his/her application either through the IVR or a web-based form. This is similar to what one does when checking on a banking account balance. In order to integrate the IVR system into the Division’s computer system, funding was also obtained to retain an IT firm to perform programming and software architecture to streamline the Division’s business processes in the Bureaus of Support Services and License Issuance.

Funding was not approved to replace eight high mileage vehicles that are used by the Division’s investigative staff to inspect or investigate in high-crime, high-risks areas where security officers are typically posted.

Ms. Crawford stated that the Department and Division intend to ask again next fiscal year for the appropriations that were not funded this fiscal year.

Ms. Crawford reported that in January 2009, the Governor’s recommended budget to the Legislature included the possibility of transferring money from various trust funds to the General Revenue Fund. The Division of Licensing’s Trust Fund was earmarked for six million dollars. Later, the recommendation submitted in March showed eight million dollars. Through the efforts of Commissioner Bronson, who wrote a letter to Governor Crist asking that the recommended transfer be vetoed, and because of the many phone calls, e-mails, letters and personal visits the Governor received from members of the industries regulated under Chapter 493 and from Marion Hammer, President of Unified Sportsmen of Florida and past President of the National Rifle Association, the Trust Fund remains intact. Personnel in the Office of the Commissioner, the Department’s Office of Policy and Budget, and the Division are staying in touch with members of the House, Senate and the Governor’s office, who are keeping a very close track on the Division’s operations.

Division of Licensing – A Year in Review

Ms. Crawford next provided a review of the Division’s workload and the measures being taken to improve its level of service. She explained that the Legislature had asked state agencies to be prepared to reduce their budgets by 4% (10% was discussed, as well) during fiscal years 2007-2008 and 2008-2009. On both occasions, this meant the Division had to stop filling vacant positions, stop hiring temporary employees and stop working overtime. The detrimental effect of these drastic measures was felt immediately in both circumstances.

In August 2008, the Division of Licensing gave a presentation and tour of the Division’s workflow and operations to representatives from the Governor’s Office of Planning and Budget (OPB), Technology Review Workgroup (TRW), House Natural Resources Appropriations Committee, and Senate General Government Appropriations Committee so they could see first-hand the Division’s operations and the devastating effect of the 4% holdback – the growing backlog of unopened mail.

In September 2008, the Legislature approved the budget amendment submitted in August requesting release from the 4% holdback. This allowed the Division to start the interviewing and hiring process to fill vacant positions.

In September 2008, the Division implemented an automated fingerprint submission/results-received process. This aggressive and forward-thinking enhancement reduced the amount of mail that had to be opened, batched, scanned, indexed and stored. The enhancement also provided the capability for the individual processing a complete application with no disqualifying information to handle the file only once and issue the license upon first review.

In October 2008, the Legislature approved the budget amendment submitted in August requesting additional authority to hire temporary employees. The Division immediately started the interviewing and hiring process.

In November 2008, new employees were being trained.

In December 2008, shortly after the December PIRSAC meeting, the Division began mailing out renewal notices to licensees 150 days prior to the expiration date of the license. The law requires 90 days. The Division also established new post office boxes to facilitate the sorting and batching process in the mailroom. In addition, priority was placed on processing renewal applications. Furthermore, a third budget amendment was submitted requesting more temporary employees and funding for overtime.

In January 2009, the December budget amendment requesting more temporary employees and funding for overtime was approved. Employees who perform application-processing duties began working overtime and are continuing to do so. The Division also started the process of interviewing and hiring the additional temporary employees, training, etc.

In February 2009, the additional temporary employees had been hired and were being trained. A fourth budget amendment was submitted requesting more temporary employees, live-scan fingerprint devices for the Regional offices and funding to pay FDLE for the fingerprint-based criminal history background checks.

In March 2009, several employees from other divisions within the department were temporarily assigned to the Division of Licensing to help reduce the amount of unopened mail. They worked in the Division until May 8, 2009. One employee has remained, providing invaluable and needed assistance in the Bureau of License Issuance’s Public Inquiry section, which receives 4000-5000 phone calls weekly.

In April 2009, the Division began the interviewing and hiring process for the temporary employees that were approved in the February budget amendment, effective April 1. The Division of Licensing now has ninety-seven (97) temporary employees. These employees must have a thorough understanding of not only Chapter 493 or 790.06, Florida Statutes, depending on the application to be processed, but also Section 18USC 922(g), and other Florida, state, and federal laws regarding crimes and possession of firearms.

In April 2009 two web-based enhancements were implemented: 1) the majority of FS493-related forms can now be downloaded from the Division’s website; 2) an individual can now determine his or her eligibility for a concealed weapon or firearm license using an interactive questionnaire. It is expected the questionnaire will help reduce the number of incomplete applications being submitted.

In April 2009, the Bureau of Regulation and Enforcement’s Tallahassee Office moved to a new location: 1851 N. Martin Luther King Jr. Blvd.

Ms. Crawford stated that in March/April 2009, the Division had the most unopened mail ever experienced. At the time, the Division had approximately 103,000 applications and associated documents to be processed. At the time of the June meeting, Ms. Crawford reported the number of applications and documents to be processed was about 75,000. She stated that the mailroom is current and opening mail within two business days and the bulk of the workload is in the Bureau of License Issuance (BLI), where the applications are reviewed for statutory compliance. She explained that as the new OPS employees in BLI receive the appropriate training, the application review and criminal/disqualifying history review backlogs would see similar reductions.

Ms. Crawford reported at the March PIRSAC meeting that the Division received funding for 36 temporary employees in its Regional offices to set up a new process for concealed weapon and firearm license (CW) applications. At the time of the June meeting, Ms. Crawford reported that many of the OPS employees had been hired and are being trained. She also stated that the live-scan fingerprinting equipment had been received and that the Division will soon start reviewing the CW applications in the Regional offices. The new process should reduce not only the number of errors or omissions letters generated and mailed from Tallahassee but also the number of corresponding responses received as a result of those letters.

Ms. Crawford closed by stating that although fiscal year 2008-2009 was a challenging year, with everyone’s help, together we met those challenges and the trust fund remains intact.

Mr. Lamarche said he also wanted to thank all the individuals and associations that rallied for the cause and took their time and expenses to go to Tallahassee and meet with legislators, etc. He said there was tremendous organization through the associations to accomplish this task and he wanted to thank everyone that was so involved.

Ms. Crawford indicated that at the March PIRSAC meeting it was suggested that it was time to review and revise the Class “D” Security Officer Curriculum that the training subcommittee previously reviewed in 2005. A copy of these revisions was distributed to all Council members and extra copies were available for attendees. Ms. Crawford explained that she would like to hold another public meeting as soon as possible with the same training subcommittee members: Alan Lamarche, Patty Schmitt, Tim O’Rourke, Larry LaClair, and Dr. Michael Goodboe. Ms. Crawford said if the Council is agreeable, the Division will set up the meeting in Orlando. Notice of the meeting will be published in the Florida Administrative Weekly as well as on the Division’s website. Ms. Crawford offered some additional suggestions for the Council’s consideration:

1. Have the training subcommittee also develop a manual for the licensed Security Officer Instructors to use to ensure a more consistent curriculum is taught throughout the state.
2. Have a pool of exams, which would be used by all schools. The exams will target the salient points of the curriculum, thereby assuring that students, statewide, have acquired the appropriate knowledge base.

Ms. Schmitt asked if a member of the training subcommittee could be appointed as Chair and could forward information to a Division of Licensing staff member to compile the information and disseminate it to everyone. She stated she feels like there will need to be more than one meeting to develop a manual. Ms. Crawford replied that she would check on budget status and would try to obtain approval for the meeting(s). Johnnie Huneycutt stated that the Seaport Committee has moved to teleconference meetings, which allows anyone to call in to a central number and participate in the meeting. Ms. Crawford thought that was an excellent idea because the calls are noticed just like a face-to-face meeting and the alternative complies with the Sunshine Law. Mr. O’Rourke asked if there were any instructors or security officers who had any comments about the curriculum they would like to make at this time? No comments were made.

Mr. Lamarche asked Ms. Crawford to send information out to the subcommittee members prior to the Public Meeting giving them guidance on what they can legally do and the contact person’s name from the Division who they will be working with.

Mr. Lamarche asked if anyone had any comments about a standardized manual for instructors to teach from or if there were are any comments about having a pool of questions for the exams? There would not be just one exam, but a block of subject matter to pick from so there could be various exams.

K.C. Poulin stated there are two issues that need to be addressed: 1) revamping the Class “D” curriculum in time to meet the legislative changes to facilitate the 40-hour training program being taught before the application for the Class “D” license is submitted; 2) creating a manual and exams, which is a much bigger project that will need more time to develop. Discussion was held on the curriculum changes that may be needed if the 40-hour training ‘pre-application’ requirement were to pass this legislative session. Ms. Schmitt stated that any changes to the curriculum need to be done right so the revised curriculum would give a good outline if the bill passes. Ms. Crawford explained that whether the legislature passes the proposed revision or not, there is currently nothing to preclude a school from teaching both parts of the curriculum to a prospective applicant at this time. She indicated that the public meeting is a perfect opportunity to find out what the agencies and security officers think security officers need to know before they commence employment… and to build a curriculum framework that could be taught either way: with all 40 hours taught prior to submission of the application or teaching 24 hours prior to submission of the application and 16 hours within 180 days after the application is submitted.

Mr. O’Rourke stated that he believes there are manuals (fire, hurricane evacuations, etc.) already out there that the committee could pull topics from rather than trying to reinvent the wheel; emergency procedures are emergency procedures. Mr. O’Rourke talked about different training styles, use of videos, etc. Mr. Lamarche asked Art Varnadore if there were any written criteria that would prohibit an instructor from putting on a video and leaving the room. Mr. Varnadore replied no and he doesn’t believe an instructor should leave the classroom. Mr. Lamarche asked Mr. Varnadore if it would help BRE if the committee came up with a manual for the instructors. Mr. Varnadore thought it was a good idea. Drew Levine stated that it was his understanding that the training committee is to take the current 24/16-hour curriculum to update and refine it. Mr. Levine asked if there was a possibility to outsource the training manual. Ms. Crawford replied that other states had done this and that Director Bevis had looked into it: most companies want to start at the beginning of the process and the figures she heard were $200-$250,000. Mr. Levine stated that they would not have to start from scratch but could take the curriculum that the training subcommittee came up with and develop the manuals and exams. Discussion continued on this subject.

Ben LaDrew suggested that the committee talk to Joe Taylor and get his input; he put the program together for the recovery industry. He commented on the test: the Driver’s License Bureau picks from a pool of questions for their test.

Kelli Moore stated that IASIR had worked on model legislation for investigation and security at one time. She asked if anyone knew of a training manual used by other states that the subcommittee could use as a model. Ms. Crawford replied that Florida has one of the most advanced training curriculums for security officers in the United States. British Columbia does have a 40-hour requirement that is administered by the Private Security Police Commission. They train the trainers and it is very similar to what CJSTC does here. Mr. Lamarche stated that he believes Florida is still the leader in private security training.

Mr. O’Rourke suggested looking at the International Foundation for Protection Officers (IFPO) manuals, including the “Train the Trainer “ manuals. They are updated every year or two and believes that every topic is addressed in the manual except for Chapter 493.

Ms. Crawford concluded her comments.

Old Business:

None

New Business

Request from K.C. Poulin, FASCO
493.6111(4), FS – Approval of Agency Names
Mr. Poulin addressed the issue of agency names. He gave examples of agency names that he believes may be perceived by the public to be too similar to a public officer or agency. He said Chapter 493 gives clear authority to the Division of Licensing to approve names. Ms. Crawford said the Division has a procedure regarding agency name approval and it is updated as needed. She stated an agency is required by law to use its licensed name and cannot use the acronym unless it has complied with the fictitious name law and the Division has also approved the acronym. It was suggested that the Bureau of Regulation and Enforcement Chief assist in the agency name approval. Ms. Crawford said she would look at the procedure and see what could be done.

Request from Patrick J. Miller, Invictus
Inquiry about feasibility of Regional Office personnel processing applications to help assist with the Division’s heavy backlog.
Mr. Lamarche asked Ms. Crawford to respond to Mr. Miller’s inquiry. Ms. Crawford stated that Mr. Miller had asked if regional office staff would be able to process applications other than the Class “D” and “G” applications. Ms. Crawford replied that the Division would not be able to handle the additional workload with existing staff. To take on additional duties and responsibilities in its Regional Offices, the Division would need to request additional employees through the legislative budget process… and be able to fund them.

Ms. Crawford asked the attendees how the renewal process was working and whether they had noticed any improvement. John Zurenda stated the renewal process has definitely improved and is much faster than it had been in recent months. Ms. Crawford said that was the Division’s intent and that the Division is now focusing on the backlog of initial applications.

Request from Meredith Braswell, Meredith E. Braswell, President, Florida Metro Security & Investigations
Firearms Authorized Under Section 493.6115, Florida Statutes
A letter was sent to all Council Members from Mr. Braswell, who is a former law enforcement officer and now is the owner of a security agency. Mr. Braswell asked for the Division to consider expanding the type of firearms authorized under Chapter 493. There was considerable discussion from firearms experts and trainers on the firepower that security officers are limited to. It was unanimously agreed that this presents an important public/security officer safety issue and that Chapter 493 continues to limit licensed security officers to carry the antiquated .38 revolver and 9 mm semi auto pistol. Mr. O’Rourke replied this issue has been discussed in numerous meetings and he would like to make a motion that the Commissioner and the Division of Licensing address this issue next legislative session.

MOTION by Mr. Tim O’Rourke: To have the Division of Licensing include in the clean up package submitted to the Legislature, the expansion of calibers for Class “G” license holders under Chapter 493, to not only carry a .38 caliber revolver; a 9 millimeter semi automatic pistol; or a .380 caliber but include the .40 caliber, 45 ACP and 357 SIG which is an auto round, with the stipulation that the Class “G” licensee must have been trained and qualified with the specific weapon and that it could only be carried on duty at the discretion of the employing agency.

Second: Mr. David Merrill

Motion approved unanimously.

After a lengthy discussion Ben LaDrew voiced concern that security officers need to show proficiency with the firearms. Mr. O’Rourke remarked that everything would remain the same except allowing the use of three additional firearms. The officer would still have to qualify with the firearm he or she would carry and the employing agency would have to approve the carrying of that firearm. It was pointed out that CW licensees were not required to qualify annually and were not limited on what they could carry but “G” licensees must receive 28 hours of range training in addition to the 40-hour classroom and 4-hour annual re-qualification with the firearm.

Mr. Poulin reported that security agencies could no longer acquire sufficient quantities of 9mm ammunition to conduct the mandatory training due to the lack of 9mm ammunition. Waiting lists for 9 mm ammunition and components have gone from two to four months and prices have quadrupled. It was stated that this is a real emergency and that our officers need the appropriate weapons and ammunition so that they can stay safe on the streets.

Comments by Industry Associations

Private Investigation – John Zurenda, President of the Florida Association of Licensed Investigators (FALI) announced a combined annual training conference for the Florida Association of Security Companies (FASCO) and FALI that was held the previous month in Orlando. He stated it was a great conference and was well attended and respected by the industry attendees. He is looking forward to doing it again next year.

Ary Morse – 1st Vice President, Florida Association of Private Investigators (FAPI). He announced their conference is coming up August 20-22, 2009, in Tampa. Speakers will be coming in from out of the country to speak on a variety of great topics - computer forensics to Internet investigations. Mr. Morse said that the Florida Bar would give attorneys who participate continuing education credits. Website: myfapi.org.

Recovery – Joe Taylor, former member of the Council. Mr. Taylor stated that in 1989 during the Sunset Review of Chapter 493, he met with former Director Russi to come up with a definition of a ‘complete’ recovery. At that time, the lack of a clear definition presented real problems for the recovery agent. This meeting lead to new language being created that stated, ”A repossession is complete when a licensed recovery agent is in control, custody and possession of such repossessed property.” Mr. Taylor read excerpts from the Division of Licensing’s current handbook that was revised 06/08, which appears to be incorrect. He indicated the language in the 05/06 revision of the handbook was correct. Ms. Crawford said she would look at the law and the handbook to see what can be reworded to clarify the matter.

Brian Taylor, President of the Florida Alliance of Certified Asset Recovery Specialists (FLACARS) announced the FLACARS conference is scheduled for October 16-17, 2009, in Orlando. Website: FLACARS.net

Security – K.C. Poulin, 1st Vice President (FASCO), discussed the formation of the President’s Council, which is the President from each association of FALI, FLACARS and FASCO. Mr. Poulin announced that the Council of Presidents would be ratified later that day and that FASCO’s board was working to come up with ways to give guidance/standards to its members regarding Chapter 493. He also stated that he appreciated the hard work done by the Division of Licensing, Marion Hammer, FALI, FASCO, and everyone else who participated in keeping the Division of Licensing Trust Fund intact.

Mr. Poulin announced that Chairman Lamarche has stepped down as President of FASCO after 10 years of service. He wanted to make sure that Mr. Lamarche was recognized for the many contributions he has made to help professionalize the security industry. Without Alan’s perseverance and guidance, many of the changes might not have happened. He also commended Ben Poitevent, Ms. Crawford, John Russi and many others who were part of this change. Mr. Poulin again thanked Mr. Lamarche for his service. Mr. Lamarche thanked everyone and said he had left FASCO in good hands.

Mr. Poulin reported that the FALI/FASCO conference was great and they hope to do it again next year; maybe they will have even greater participation. He said next year they might make the conference a 493 conference.

Ms. Schmitt announced that a FASCO meeting would be held following the PIRSAC meeting. Mr. Poulin said there would be a Presidents Council meeting immediately following the FASCO meeting.

Comments from Public/Industry

Jack Kennedy discussed recovery agents respecting the rights of security officers when they are on post protecting the property per the contract. He stated that everyone needs to work together and show respect for one another. Mr. Lamarche asked Mr. Taylor to comment on this. Mr. Taylor said this has been discussed in the past and he believes there is a small problem but that communication is the key for security and recovery to work together.

Mr. O’Rourke commented that security officers and recovery agents both have contracts to carry out. Recovery agents are sometimes told by security officers if they are not a guest or do not live in the gated community, they are not allowed on the premises. Mr. O’Rourke said legislation needs to be drafted to allow the licensed recovery agent to enter a secure area to carry out their contracts.

Mr. LaDrew explained that as long as a recovery agent has a contract and can show the contract to a security officer at a complex, they are allowed to go on the property and complete the repossession. They do have to show their license and insurance certificate before they will be given access.

Mr. Lamarche asked Ben Poitevent to comment on this issue. Mr. Poitevent stated that the Uniform Commercial Code grants authority for repossessors to access private property in secure locations as long as the recovery agent has a contract to recover the property and there is no breach of the peace. Discussion continued and Mr. Lamarche said he appreciated Mr. Poitevent’s comments on this subject.

Next Meeting Location & Date - unless special meeting the day before is scheduled:

September 17, 2009
9:00 AM
Crowne Plaza Hotel West Palm Beach
1601 Belvedere Road
West Palm Beach, Florida 33406
877-701-9250

Meeting adjourned.