Past Meetings

June 26, 2008
PIRSAC
Orlando

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

Mr. Levine explained that Mr. Bevis, former Director for the Division of Licensing, had accepted a position in the private sector and introduced Ms. Crawford as the new Director. Alan Lamarche stated he has known Ms. Crawford for a long time and that she is one of the fairest and most knowledgeable persons about Chapter 493 he knows. Ms. Crawford replied that, as Director, she promises to do her best and said during her tenure she has learned that, although the Division of Licensing is a regulatory agency, it cannot effectively regulate without input from the members of the industries. The Division’s primary purpose is to protect the public and she wants to assure that we do that and serve our licensees as effectively and as efficiently as possible.

Ms. Crawford then introduced several Division employees. First, she introduced John McCarthy as the new Assistant Director. She then introduced Mike McGuckin as the Division’s new Attorney Supervisor. She next explained that April Howard, who has been coordinating the logistics of the PIRSAC meetings for many years and never missed a meeting, was recently promoted and is now working in the Division’s Bureau of Support Services. Ms. Crawford then introduced Celine Melton, Management Analyst in the Director’s Office, and Debbie Barber who was recently promoted from the Assistant Director’s office and is now Ms. Crawford’s Administrative Assistant. Ms. Barber will be the primary coordinator for the PIRSAC meetings. Ms. Crawford continued the introductions with Art Varnadore, Chief of the Bureau of Regulation and Enforcement (BRE), who is in charge of all our Regional Offices. Mr. Varnadore introduced Joe Barry, Orlando Regional Office Supervisor, and Robert Baird and Ken Hawes, Investigation Specialists, also with the Orlando Regional office.

Mr. Levine stated to those attending if anyone wanted to address the Council, there is a sign-up sheet to do so. He then asked attendees to introduce themselves and the companies they represent. He thanked everyone for taking time from his or her busy schedule to attend the meeting.

Mr. Levine explained 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.

Mr. Levine introduced John Wurst, a new member of the Council, replacing Mr. Eddie Silva, who served as a Council member for the last eight years and did an outstanding job during his tenure. Ms. Crawford then presented Mr. Wurst with a certificate of appointment to the Council.

Mr. Levine called for a reading of the March 27, 2008 meeting minutes.

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

Second: Mr. Miller

Motion approved unanimously.

Mr. Levine asked Ms. Crawford to proceed with comments for the Division of Licensing.

Ms. Crawford provided the Council members and the audience with a status report on current Division operations. Her greatest concern centered on the increase in the Division’s workload, noting that, since 2000, the overall workload of the Division has increased from 23% to 158%, depending on the type of license. Ms. Crawford gave a breakdown of each license type increase. Administrative actions have skyrocketed, primarily due to suspensions of Class D licensees not receiving the required training within 180 days. A lengthy discussion was held regarding ways to improve this process.

Ms. Crawford explained that fiscal year 2007-2008 was a very tough budget year, requiring the Division to operate on a very lean budget. In spite of having more work than ever, the Division was asked to reduce its overall budget by 4%. Ms. Crawford recalled how the proposed reductions would have impacted our Regional Offices. Fortunately, the proposals were not accepted by the Legislature. Ms. Crawford thanked the industry members for their support in expressing to their legislators the critical need for the Regional Offices.

Ms. Crawford further explained that during fiscal year 2007-2008, in an effort for the State of Florida to defray some of the projected shortfalls, agencies were asked to authorize no overtime and not to fill positions. At times, the Division was operating with 18 fewer people. In the end, however, the Division faired better than others: the Regional Offices remain open and the Division received a small amount of funding to develop a more automated process for Administrative Actions (Denials, Administrative Complaints, and Notices of Suspensions). Additionally, in January, the Division received authorization to begin filling vacant positions and working overtime on Saturdays. Ms. Crawford stated the Division is now almost fully staffed and is still currently working on Saturdays. In spite of this, the Division is still 4-6 weeks behind. Ms. Crawford stated that the unsettling news is we are hearing that agencies are again going to be asked, though nothing official has been received, to reduce their budgets by 4-10%. Until fiscal year 2007-2008, a trust funded entity would have 100% of the approved budget released at the beginning of the fiscal year. The Division has been told that, like last year, the Legislature will not release the Division’s 08-09 approved budget on the 1st of July; it will be released quarterly…but at only 24%, not 25%. Ms. Crawford explained she would bring everyone up-to-date when we meet again in September.

Ms. Crawford provided an update about the Mutual Aid Agreement that had been discussed at previous PIRSAC meetings. At the request of the utility companies within Florida and the surrounding states, and with a lot of effort by Mr. Huneycutt, the Division has been working with the State’s Emergency Operations Center and the Governor’s office to develop a mechanism that would allow armed security officers that work for out-of-state utility companies to come into Florida armed during a declared emergency. On April 25, 2008, members of the Division’s staff met with the EOC, FDLE and the Governor’s office. She is hoping by the next meeting to report on any additional progress.

Mr. Crawford gave an update on legislation.

The 2006 Seaport Security bill has been developed and needs to be approved by the Seaport Security Officer Qualification, Training, and Standards Coordinating Council.

Senate Bill 948 – This bill has been approved by the Governor and the language extends the period that a concealed weapon license is valid from five to seven years. The effective date for the law was June 10, 2008.

Senate Bill 1952 – This legislation passed in 2007, and was made effective January 1, 2008, requiring a person applying for a Class “MA”, a Class “M”, or a Class “C” license to pass an examination that covers the provisions of Chapter 493 F.S. A person who already held a valid Class “CC”, “C”, “MA”, or “M” license on or before December 31, 2007, is not required to take the examination. However, if a Class “CC”, “C”, “MA”, or “M” license becomes invalid and remains invalid for more than one year, the person applying for re-licensure must take and pass the examination. The fee for the examination is $100. Ms. Crawford stated that, to date, the Division has administered a total of 202 exams and of that number, 45 constituted exam failures.

Ms. Crawford provided an update on another part of SB 1952, which becomes effective September 1, 2008, and requires applicants applying for a Class “CC” Private Investigator Intern license to complete at least 24 hours of a 40-hour course and pass an initial examination prior to submitting the application to the Division. Proof of having completed the remaining 16 hours and of having passed a second examination must be submitted within 180 days. The content of the 40-hour course and the two exams will consist of material related to general investigative techniques and the provisions of Chapter 493 F.S. Under the new requirements, the training must be administered by an institution operating under the purview of the Florida Department of Education. Ms. Crawford advised the curriculum guide has been forwarded to the Joint Administrative Procedures Committee (JAPC) and is under review at this time. She stated that an Important Notice will be mailed to all Class “A” agencies and public & private “DS” and “RS” schools that will provide the specific contact information. Ms. Crawford requested that if anyone attending the meeting represents a licensed DOE facility that will be offering this training to prospective applicants for the Class “CC” license, to let the Division know.

Ms. Crawford discussed proposed legislation. She stated that if the Division proceeds with any legislation in the 2008-09 legislative session, she anticipates only Housekeeping items, such as clarification of the number of photographs required; removing the reference to Firearms Purchase Program mechanism pertaining to temporary Class “G” licenses; changing the name from Repossessor School to Recovery Agent School, etc. She stated the Division may consider changing the method for submitting an application under oath to aid the possibility of online applications.

Ms. Crawford concluded her comments.

Alan Lamarche said with the tight budgetary situation, instead of mailing the Division’s quarterly newsletter, minutes, etc., we could email the documents instead, saving labor and postage cost. Discussion was held on obtaining email addresses for licensees, etc. in order to accomplish this. Ms. Crawford stated that she thinks the idea has merit. She explained this could be accomplished through the Division sending an email via the Licensing Information and Alert System (LIAS) to agencies that have an account notifying them when the Newsletter is published and providing them with a link to the proper site. Mr. Lamarche asked if the Division would consider an online reporting mechanism for firearms instructors to report annual firearms requalification training. Ms. Crawford stated she would research the concept. Discussion was held on the possibility of requiring an email address to be provided by individuals applying for licensure. Ms. Crawford stated that a field for the applicant’s email address is currently on most application forms but Chapter 493 does not specify that an email address must be provided so it is not a required field.

Leonard Miller asked if the employing agency is being notified by email when an employee’s license has been suspended because of failure to provide proof of 16 hours training. Ms. Crawford replied that the Division is notifying employers of record by mail.

Patricia Schmitt asked about Employee Action Reports (EAR), specifically whether there is a way to update the “hire” online immediately without a corresponding license number having yet been assigned by the Division of Licensing. Ms. Crawford explained that without a license number in the database, there is no way to do so. Ms. Schmitt also asked about whether terminations can be done online after the employee’s license is expired. Ms. Crawford replied that she thought the termination could be updated even when the license is no longer in a valid status, but that she would check into the matter.

The Council inquired about the workload involved when the Division must suspend a Class “D” license after the licensee fails to submit proof of completing the remaining 16 hours of training within the180 day timeframe as required by law. Ms. Crawford confirmed the number of Administrative Actions taken by the Division increased dramatically during FY 07-08 from the previous year. Requiring the 40 hours of training to be completed prior to submission of the application would not only streamline the processing of applications and eliminate the time-consuming task of suspensions and subsequent reinstatements but it would also benefit the licensee, who now must wait 4-6 weeks before the license is reinstated during which time he/she is unable to work.

Johnnie Huneycutt asked about the status of requiring the 40 hours of training for security officers to be completed prior to the employee’s start date. He thinks it would make the process better. Drew Levine stated that he personally advocated the 40 hours be done prior to submission of the application. Individuals representing smaller security agencies were concerned about cost and how the employees would be burdened with being out of work for 2 additional days after they are hired. Ms. Schmitt said an individual could not afford the upfront expenses of missing work to obtain the training and she has mixed feelings about this. She would like to poll FASCO members to get their input before we finalize this issue. Mr. Levine stated that the employees whose licenses were suspended were not able to work for up to 4-6 weeks and therefore were not getting paid. Discussion also included online versus face-to-face training. Tim O’Rourke stated that he believes the expense up front is too great for a lot of companies and he would like to hear from the industry agency owners on this subject. Mr. Lamarche asked if we should look into this issue while so many industry people are represented at today’s meeting and suggested making a motion on the subject. Ms. Schmitt asked for a show of hands from the agency owners in the audience. Seventeen people, including herself, raised their hands. All but one owner was in favor of requiring the 40 hours of training up front. Mr. Levine then asked for a show of hands from security officers or supervisors on post. One individual raised his hand but deferred comment. Mr. Levine then asked for a show of hands from the audience and the majority was in favor of requiring the 40 hours training prior to submission of the application.

After much discussion and clarification on the training issue, a motion was made.

MOTION by Mr. Lamarche and clarified by Mr. Levine: The Council send a recommendation forward to the Division to consolidate training, pre-license 40 hours upfront for security officers.

Second: Mr. Merrill

Motion approved unanimously.

MOTION by Mr. Lamarche and clarified by Mr. Levine. For the Division to consider FASCO’s membership poll as they contemplate moving this matter forward.

Second: Mr. Merrill

Motion approved unanimously.

Drew Levine asked if anyone had any old business to discuss.

Mr. O’Rourke stated that he wanted clarification on two issues before we moved on. The first issue regarding Mutual Aid that would allow armed security officers from other states to come into Florida during a declared emergency. Secondly, Mr. O’Rourke asked about submitting applications online, specifically how the Division would handle the fingerprint process and the notarization of the application versus sworn statements. Ms. Crawford stated there are tremendous logistical problems with the online application process and a lot of work would have to be done before the Division could move forward. Ms. Crawford said prior to moving forward, however, the Division would have to receive authority to fund the issue. Mr. O’Rourke asked Ms. Crawford if she anticipated a fee increase to cover this change. Ms. Crawford replied she did not anticipate one.

Ms. Crawford deferred the question about Mutual Aid to Mr. Huneycutt for response.

Mr. Huneycutt explained that the need for this came up after Hurricane Katrina when there were not enough security personnel available in Louisiana. The concept is that utility companies coming into the State of Florida during a declared emergency would come in self-contained and would be pre-registered to meet a certain criteria set forth by agreement. He stated that this issue has not been finalized and is still under review by several agencies, including the Division of Licensing.

Mr. Lamarche asked Ms. Crawford if FASCO members came up with any suggestions for the housekeeping bill within the next two weeks, would she consider it. She advised she is very open to the industry’s input but is not sure if it can get into this year’s legislation for consideration. She stated that if it were critical to public safety she will work with the Commissioner to consider inclusion. Mr. Levine stated that if that were to happen he would prefer it come before the Council. During discussion about the legislative process, Ms. Crawford explained the Department’s Legislative Affairs office had already established a submission deadline of August 2008 for any proposed legislation for the 2009 legislative session. She noted, for example, Legislative committee meetings begin in the fall; this deadline is set to accommodate those scheduled meetings. Insofar as the next Council meeting is not scheduled until September 11, 2008, well after the Department’s filing deadline, it is highly unlikely that any new issues can be addressed for the upcoming legislative session.

The Council agreed to examine allowing industry members to submit proposals for legislative agenda items no later than January of the year preceding the session during which the items would be presented to the Legislature. For example, industry members would need to submit recommendations for new or revised legislation to the Council no later than January 2009 in preparation for the 2010 legislative session. Additional details will be made available regarding the Council’s plans at a future meeting.

Mr. Lamarche stated there is nothing to preclude private organizations from submitting proposed legislation. Mr. Levine replied that PIRSAC could not endorse anything that did not come before the Council.

Ms. Schmitt asked about the curriculum for the DS Manual. There was a lengthy discussion regarding the status of the training manual. Mr. O’Rourke believes the last revision was put out in 2005. The Terrorism Awareness Module needs to be addressed at this time because it is included in Parts A & B. Ms. Schmitt stated that Mr. Bevis had said in previous meetings that the curriculum had to go to the Department of Education for review and approval. Mr. Levine asked Ms. Crawford to check on the status of the curriculum.

There was no new business.

Comments from Public (Industry Associations)

Private Investigation – Sandra Lanier with Florida Association of Private Investigators congratulated Ms. Crawford and is looking forward to working with her. She discussed the upcoming PI conference being held in Orlando in September.

Recovery - Joe Taylor distributed a copy of the 2009 Sunset Review Legislative Agenda for review. He wanted to let the Council know what FLACARS is proposing for this legislative session. It has to do with public safety. He would love for the Council to endorse, but due to time constraints they will have to go to the Legislature without the Council’s endorsement.

Security – FASCO announced they are having a meeting after the PIRSAC meeting. An invitation was given to stay for the meeting.

Comments from the Public (General Comments from Industry Members)

J.F. Kennedy said he would like to see a more professional security industry. Mr. Lamarche replied that many agencies in Florida are the envy of other states in the way they operate their business. He believes there may be a localized problem with the professionalism issue but he does not believe that it is an industry wide problem.

Tony Penas asked Mr. Huneycutt a question regarding Mutual Aid. Would they consider if other states that have no reciprocal agreement with Florida to require at least one armed licensed security officer from Florida be assigned to the post? Mr. Huneycutt stated this matter is under review.

Mr. Levine said before adjournment he would like to again formally welcome Ms. Crawford and her staff. He would also like to ask that Buddy Bevis and April Howard attend the December meeting that is being held in Tallahassee so they can be formally recognized for their contributions to PIRSAC.

Meeting adjourned.