Past Meetings

September 11, 2008
PIRSAC
Jacksonville

Mr. Lamarche called the meeting to order at 9:00 a.m. and asked everyone to stand for a moment of silence in honor of all the Americans that died on September 11, 2001 and to remember our brave soldiers who are fighting for our freedom. Afterward, Mr. Lamarche asked John Wurst to lead everyone in the Pledge of Allegiance. Mr. Lamarche 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. Lamarche introduced Ms. Crawford, the Director for the Division of Licensing, and asked Ms. Crawford to introduce her staff. Ms. Crawford introduced Celine Melton, Management Analyst, and Debbie Barber, Administrative Assistant, both of whom work in the Director’s office. She continued the introductions with John McCarthy, Assistant Director and Art Varnadore, Chief of the Bureau of Regulation and Enforcement (BRE), who is in charge of all Regional Offices. Mr. Varnadore introduced Terry Weaver and Dean Patterson, Investigation Specialists with the Jacksonville Regional office.

Mr. Lamarche welcomed Ms. Kelli Moore back to the Council, explaining that Ms. Moore had served on the Council in the past and was a great contributor.

Mr. Lamarche 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.

On behalf of Charles Bronson, Commissioner of the Department of Agriculture and Consumer Services, Ms. Crawford presented Ms. Moore a Certificate of Appointment to the Council. She also presented Certificates of Appointments to David Merrill and Sheriff Joey Dobson, current council members, for additional four (4) year terms. She thanked each one for their dedication and contributions.

Mr. Lamarche 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. Lamarche asked the council members and audience to be recognized by the chair before they speak in order to help the meeting move along.

Mr. Lamarche called for a reading of the June 26, 2008 meeting minutes.

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

Second: Mr. Merrill

Motion approved unanimously.

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

Ms. Crawford provided the Council members and the members of the audience with a status report on current Division operations. Her greatest concern centered on the increase in the Division’s workload, noting that, in addition to administering the licensing and regulation of the professions under Chapter 493 Florida Statutes; the Division of Licensing oversees the Concealed Weapon Licensing program as well. She advised that, in just 3 fiscal years (04/05 - 07/08) both programs have experienced unprecedented growth in the receipt of initial applications. She further stated that the Division has seen a 162% increase in the two programs combined; the Concealed Weapon Licensing program alone has seen a 200% increase, and with just a little over 2 months into FY 08-09, the upward trend is continuing. She said that, regrettably, there has been no corresponding increase in personnel. She informed attendees that the Division’s current backlog is 8 weeks, with over 30,000 new and renewal applications waiting to be processed, and the Division’s phone call abandon-rate is over 30%. Ms. Crawford confirmed it is apparent that current staffing levels are insufficient and cannot meet this tremendous workload. She advised, however, that because of budget constraints, the Division is unable to authorize personnel to work overtime or to hire additional people to help reduce the backlog.

Ms. Crawford explained that due to revenue shortfalls for this fiscal year (08-09), the Division has been requested to reduce its budget by 4%. She stated the unsettling news is that state agencies have already been asked to reduce their budgets for next fiscal year (09-10) by 10%.

Ms. Crawford reported the encouraging news is the Department’s budget office is very aware of the Division’s workload problems and how the proposed reductions will impact the Division. The Department’s budget office coordinated the ability for the Division to give a presentation and tour on August 12th to representatives from the Governor’s office, Senate, and House of Representatives to let them see first-hand the volume of workload the Division is dealing with. This effort will hopefully gain their support for an exemption from the 4% holdback for this fiscal year. Exemption from the 4% holdback would allow the Division to retain current positions and be able to fill the current vacancies. Ms. Crawford reported that the Division is also asking for OPS money to hire temporary employees during the 08-09 fiscal year. With regard to fiscal year 09-10, Ms. Crawford stated that the Division is considering asking for additional positions. Ms. Crawford stated that she hoped to have some good news to report on this issue in December at the next PIRSAC meeting in Tallahassee.

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. Ms. Crawford reported that in August, Emergency Management staff developed a draft Supplemental Order, which is under review by the State Coordinating Officer. She indicated the stated purpose of the order is to allow out-of-state utility companies that have been requested to assist the State of Florida with power restoration to bring their own trained security personnel/agents into the State of Florida. She further stated certain conditions do apply: The utility company must provide written certification to the Emergency Support Function within the Department of Emergency Management of the following:

Their armed and unarmed security personnel are licensed and in good standing in the home state to the extent such licensing exists within the home state.

• Their unarmed security personnel have received 20 hours of professional training at a school or training facility licensed in the security officer’s home state.
  
  
• In addition to the 20-hour training requirement for unarmed personnel, their armed security personnel must have received a minimum of 8 hours of range training similar to that required under Chapter 493, FS.
  
  
• Their armed security personnel must have on file, with their employer, a state and national criminal history record check no more than two years old. Any armed security personnel/agents that do not have such a criminal history check are subject to a National Crime Information Center criminal background check prior to providing security services in Florida.

Ms. Crawford indicated she is staying in touch with the Department of Emergency Management and, as things develop, an update will be provided.

Mr. Crawford gave an update on legislation:

2006 - Seaport Security Officer - s.311.121

Ms. Crawford announced the curriculum framework for the 218-hour course had been developed by the Department of Education and is scheduled to be reviewed the following week by the Seaport Security Officer Qualification, Training, and Standards Coordinating Council. Ms. Crawford stated that Mr. Huneycutt and she are members of that Council. The Division is particularly concerned about the requirement in s.311.121(4)(b), which states the training must be taught by a Class “D” licensee.

2007 - Senate Bill 1952

“C”, “M”, “MA” Exam

Ms. Crawford reminded those in attendance that, effective January 1, 2008, a person applying for a Class “MA”, a Class “M”, or a Class “C” license must pass an examination that covers the provisions of Chapter 493. She stated that to date, the Division has administered a total of 322 exams. Of that number, 77 individuals have not passed the exam.

CC Training

Ms. Crawford informed attendees that the 40-hour training requirement for the Class “CC” Private Investigator Intern applicant outlined under 493.6203(6), Florida Statutes, became effective on September 1, 2008.

Under the new requirement, an institution operating under the purview of the Florida Department of Education (DOE) must administer the training.

Ms. Crawford indicated that the Division has yet to be informed of any school that has been approved by DOE to offer the training. She indicated, however, the Division has been told that a few community colleges and independent schools are in constant contact with the DOE and hope to be approved within the next few months.

2008 - Senate Bill 948 – Ms. Crawford informed attendees the bill was 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.

Ms. Crawford advised that proposed legislation for 2009 has been submitted to the Department’s Legislative Affairs Office and is under review. She stated that, at this point, it is still uncertain whether the Department will be introducing any legislation next year, and, if any is introduced, it will be primarily Housekeeping items. For example, the current law requires two color photographs – the Division only needs one; the current law references the Florida Department of Law Enforcement’s Firearm Purchase Program as the approval/non-approval mechanism for Temporary G licenses – the division now performs this function using live scan fingerprinting and receiving the criminal history record results quickly from the Florida Department of Law Enforcement and the Federal Bureau of Investigation; the RS school is currently titled “Repossessor” School, the proposed revision would state “Recovery Agent” School to be consistent with the current terminology for the Class “EE” and “E” licensees

Ms. Crawford discussed the revision suggested at the PIRSAC meeting held June 26, 2008, to require proof of 40-hours training be submitted when an individual submits an application for a Class “D” or Class “CC” license, rather than the method often used for submission under current law, which requires proof of only 24 hours training when the application is submitted and proof of the additional 16 hours training within 180 days. Ms. Crawford discussed the enormous impact the increased administrative actions have had on the division because licensees are not taking the additional training within the prescribed time frame. She stated the proposed revision would not only help to alleviate the additional workload but would preclude the possibility of an individual’s license being automatically suspended by act of law when he or she did not provide proof of the additional 16 hours training within 180 days after the application was submitted, thereby losing the ability to work lawfully until the suspended license is reinstated by the Division.

Ms. Crawford provided follow-up to questions and comments from the PIRSAC meeting in June 2008.

Ms. Schmitt had asked whether terminations could be done online after the employee’s license had expired. Ms. Crawford responded, the answer is yes; a project request for this enhancement to the online process was completed in July of 2007.

Ms. Schmitt had also asked about the curriculum for the DS Manual. Ms. Schmitt stated that she recalled Director Bevis had said in previous meetings that the curriculum had to go to the Department of Education for review and approval. Mr. Levine had asked Ms. Crawford to check on the status of the curriculum. Ms. Crawford explained that she has reviewed the notes from previous PIRSAC meetings and, based upon her research, it appeared the curriculum requiring DOE oversight discussed by Mr. Bevis pertained to the 218-hour seaport security officer training course. Ms. Crawford did find, however, where Director Bevis indicated his vision for the Class “D” training was to have a course framework & examinations designed by an outside contractor so that all schools would teach and test the same information uniformly throughout the state. Ms. Crawford stated she agrees with this concept but to move forward will require funds appropriated by the Legislature. She commented that, considering the projected revenue shortfall for the State of Florida, it could be a tough sell but is certainly worth trying for. Ms. Crawford stated she would add it as an item for consideration when she speaks about the Division’s legislative issues for the 2010-2011 legislative session. If there might be a way to handle the issue as a supplemental budget request before the 2010-2011 session, Ms. Crawford indicated she would try to do so.

Ms. Crawford concluded her comments.

Mr. Lamarche asked if anyone had any questions for Director Crawford.

David Hodges asked about the status of former Director Bevis’ request for an upgrade to the Division’s computer system. Director Crawford explained that, due to budget shortfalls, this issue had to be put on hold. She reported that support for our current system ends during the year 2012. She stated that the Division intends to present its request for an upgraded system again during the 2010-2011 legislative session stating that the Division would like to have the opportunity to fully test the new equipment to ensure a smooth transition. Discussion was held on how the industry and associations can help by contacting legislators via lobbyists to address this matter.

Ms. Schmitt asked if there is a possibility the Regional Offices would be closed. She stated that this would paralyze the industry; that it takes eight (8) weeks for employers to verify if an employee has submitted an application now. Ms. Crawford replied that she understands Ms. Schmitt’s concerns. She stated that, when the Division is facing budget cuts – whether reducing the budget by 4% or 10% – and is already experiencing an 8-week backlog, there is no excess to cut; the only thing the Division has to offer for reduction is personnel. Discussion was held about the Division being a Trust-Funded entity but still being held to the same reductions as the programs funded by General Revenue. Ms. Crawford indicated she hopes to have better news by the December meeting.

Sheriff Dobson thanked Mr. Lamarche for speaking at the Florida Sheriff’s Association summer conference this year, where fifty-one Sheriffs attended. He commended Mr. Lamarche on the excellent job he did educating the attendees on the provisions of Chapter 493 and the role PIRSAC plays. Mr. Lamarche thanked Sheriff Dobson, then-President of the Association, for allowing him to be a part of the conference and for their support.

Ms. Moore asked what would happen if no schools are approved to provide training for Class “CC” licenses for the next two months. Ms. Crawford explained the applicants would have to wait to become licensed; there is no provision in Chapter 493 to put the training requirement for the Class “CC” license in abeyance. Mr. Hariton asked if the curriculum was the hold up. Ms. Crawford replied that there are two divisions in the Department of Education that must review the curriculum for the type of schools under their jurisdictions: Public Education and Private Institutions. She stated that other components, not just the curriculum, may have to be considered. Mr. Lamarche commented that the Legislature required the Department of Education’s oversight in order to professionalize the training and stated that sometimes it takes a while to get everything in order.

Mr. LaDrew asked Ms. Crawford if the Division could allow a grace period for applicants since there is an eight-week backlog. Ms. Crawford said that training is mandated by law and that the division has no mechanism to authorize a grace period.

Ms. Schmitt stated that she understands the backlog problem and is trying to be supportive of DOL. When she hears complaints from her constituents, she tries to explain the increased workload and budgetary constraints that have been put on the Division. She stated that if there is anything that she or FASCO can do to help out, they would be happy to do so. At this time, various members of the audience complimented the division.

The topic of completing the 40 hours of training prior to submitting the application for licensure came up again. Ms. Crawford explained that if legislation were presented to go forward with this, it would be for the next session. She was asked if a school wanted to go forward with teaching the full 40 hours now, would she be in favor of it. She replied yes; the law allows for both the 24- and 16-hour courses to be taught concurrently and she would encourage schools to do so.

Mr. Lamarche discussed the agenda for upcoming meetings for the PIRSAC. He asked if the agenda could be published online a few weeks prior to each meeting. He also asked if the Director’s comments could be more specific in what is going to be discussed, i.e., legislation submission process dates. It was stated that the Chairman of the Council is responsible for the agenda and should let Ms. Crawford know when agenda items should be added. Ms. Crawford noted that previous agendas have been rather straightforward and do not vary a great deal. She indicated that, as Secretary for the Council, she is happy to work with the Chairman in developing the agenda and posting it on the Division’s web site. The council was in favor of this idea.

Mr. Lamarche announced to those attending if anyone wanted to address the Council, there is a sign-up sheet to do so. He stated the individual would then be recognized at the appropriate time.

Old Business

Leonard Miller asked about the revision to the curriculum for security officers to include terrorism awareness. Mr. Lamarche explained there was a two-day conference held in Orlando, August 4, 2005, at which time the topic was addressed and the curriculum was rewritten to include terrorism awareness in both Part A (24-hour) course and Part B (16 hour course).

New Business

An announcement was made that Tim O’Rourke would be joining the PIRSAC meeting via telephone. Mr. Lamarche explained this is not a normal situation and would not be done on a routine basis.

Mr. Lamarche announced that the associations of FALI, FAPI, FLCARS and FASCO are forming a group called the President’s Council (President of each Association) that will meet periodically to discuss common concerns among the industries regulated by Chapter 493. (Example, the budgetary constraints on the division.) This group plans to work together by pooling their resources to better serve the industry/associations they represent and assist the Division of Licensing wherever possible.

Mr. Lamarche introduced Patrick Miller and Phillip Noblin, from RISS, Inc., who made a presentation regarding the possibility of providing online training for Class “G” applicants. Their proposed program consists of three segments, and at the end of each segment; the applicant would be required to take and pass a test in order to move to the next segment. Certain aspects would still be given with face-to–face instruction. Upon completion of all sections, the applicant would go before an instructor and present identification to take the final test. The presenters said online training – lectures, etc., is good for the economy – saving travel dollars, etc.

Following the presentation, there was much discussion and comment regarding face-to-face versus online training for both Class ”D” and Class “G” applicants. It was understood that the ability to do online training will require a revision to Chapter 493, Florida Statutes. Mr. Merrill asked the presenters if they were proposing that the training be done exclusively online or if it was it merely an option? They replied it would be optional; classroom training would still be offered.

Discussion continued (what percentage of the training could be conducted online, security of the system, etc.). Mr. Lamarche suggested that a committee be established to look into the specifics of what could be provided online and stated that several of the PIRSAC members should be on the committee, such as Patti Schmitt and Tim O’Rourke. He indicated he believed the first step that must be accomplished is to have the law revised. After several clarifications were made, a motion was put before the council regarding this issue.

MOTION by Mr. Merrill: PIRSAC asks the Division of Licensing to consider including in this year’s legislative package a mechanism by which a Class “D” or ”G” applicant may receive a portion of their required training through online training or distance learning. This mechanism would be recommended by a Training Committee.

Second: Mr. Miller

Motion approved unanimously.

Comments from Public (Industry Associations)

Private Investigative – None

Recovery – Mr. LaDrew stated there were only two people in attendance at today’s meeting who represent the recovery industry. He encouraged everyone to join an association to get their voice heard. He stated that he thought the new President’s Council would provide a unified voice representing all the Chapter 493 associations.

Security – Ms. Schmitt announced the FASCO meeting would be held immediately following the PIRSAC meeting. She asked the FASCO members to stay and encouraged others to consider joining. She stated there have been a lot of changes to FASCO and she is very excited about the direction it is going. They have a new website: wwwfascofl.org

Comments from Public/Industry

Charles Wiggins asked if the Division has considered having the qualification for a Class “G” license include low level, night qualification and re-qualification training. Mr. Lamarche said there has been much discussion on this issue and everyone agrees that the training curriculum needs to be changed to address these topics. The two former Division directors had looked into changing the qualifications but nothing has been done to date. The new director has indicated that she will set time to make progress in this area. Mr. Wiggins stated most security discharges are made at night. He believes this is a civil liability for the companies and the client. Mr. Lamarche said that many of the agencies and schools do provide training beyond what is required within those 28 hours and within the annual requalification.

Mr. Wiggins discussed the training required for a Class “G” license versus what is required for a Class “CW” license. He stated that he would like to see the training for a Class “G” license accepted in lieu of any additional training to obtain a Class “CW” license. He would also like to recommend a dual license allowing an individual who holds a Class “G” license to carry a concealed firearm without being required to also hold a Class “CW” license. Mr. Lamarche explained that these licenses are regulated under two different statutes. Chapter 790, F.S. would have to be changed to accomplish this and the PIRSAC was created to make recommendations pursuant to Chapter 493 F.S.

K.C. Poulin announced that FASCO’s website, www.fascofl.org, allows one to submit his or her e-mail address to receive automatic alerts regarding changes to Chapter 493.

Ms. Crawford announced that the State of Florida is hosting the International Association of Security and Investigative Regulators (IASIR) Conference in Orlando, November 5-7, 2008, at the Doubletree Castle Hotel. Former director, John Russi, started the organization. It started out as the national association but now has Canadian provinces as members. The United Arab Emirates and the United Kingdom have also expressed an interest in joining the organization. She encouraged those present to attend and stated that additional information regarding the conference is available on the IASIR.org website.

Mr. Lamarche reminded those in attendance that the next PIRSAC meeting is December 11, 2008, at the Hampton Inn and Suites in Tallahassee, Florida. The John M. Russi Award will be presented to the security officer who meets the criteria set forth by FASCO; the recipient will receive a plaque and a check for $500.00. Nominations are being requested and can be submitted online at: www.fascofl.org or a hard copy application can be mailed in.

Meeting adjourned.