Past Meetings

December 10, 2009
PIRSAC
Tallahassee

Chairman Alan Lamarche called the meeting to order at 9:00 a.m. and welcomed everyone to the meeting. Mr. Lamarche remarked that the meeting in Tallahassee is special because Division of Licensing staff members who cannot attend the meetings out of town are able to attend the Tallahassee meeting. He then introduced Ben Poitevent, former Division of Licensing staff member, and Joe Taylor, former PIRSAC member. He asked William LaDrew 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 began by introducing Bureau of License Issuance (BLI) staff members, Susan Harrell, Bureau Chief, and Kevin Gay and Beverly Springer, Senior Section Administrators. She continued the introductions with Art Varnadore, Chief of the Bureau of Regulation and Enforcement (BRE), John McCarthy, Assistant Director, and Celine Melton and Elaine Mann, both of whom work in the Director’s office.

Mr. Lamarche asked attendees to introduce themselves. He requested the attendees to be recognized by the chair and to provide their name prior to addressing the Council in order to help move the meeting along. He thanked everyone for taking time from his or her busy schedule to attend the meeting.

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 called for a reading of the September 17, 2009, meeting minutes.

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

Second: Mr. Leonard Miller

Motion approved unanimously.

Mr. Lamarche recognized additional meeting attendees, John Russi, former Division of Licensing Director, and Senator Carey Baker.

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

Ms. Crawford presented a plaque on behalf of Charles Bronson, Commissioner of the Department of Agriculture and Consumer Services, to Mr. Lamarche for his service and term as Chairman and to Mr. O’Rourke for his service and term as Vice Chairman on the Council.

Legislation and Budget:

With regard to legislation, Ms. Crawford reported there would not be a 2010 General Ag Bill; consequently, there was no legislation to report at this time.

With regard to budget matters, Ms. Crawford stated that the Legislature is already holding committee meetings and that all reports indicate this fiscal year will be another tough budget year and that next fiscal year may be even tougher. The Division, however, has submitted a budget request for:

• Continuation of the funding approved by the Legislature in the prior fiscal year for the temporary (OPS) employees in the regional offices. These employees were hired to help the Division handle the tremendous workload increase using the new fast track application process for concealed weapon/firearm licenses.
  
  
• Replacement of six (6) high-mileage vehicles for the investigators in the Division’s regional offices. It is critical to Division operations for its investigators to have safe and reliable vehicles when they perform inspections and investigations.
  
  
• Hiring of 28 full time equivalent (FTE) positions, eight (8) of which will be investigator positions, one (1) for each Regional Office.
  
  
• Director Crawford reported there might be one (1) additional item added to the budget request. The Division has contracted with an IT consulting firm to perform a feasibility study that will evaluate the Division’s current business processes and the technology that supports those processes. She pointed out that the Division’s current information technology system is 13 years old. The feasibility study will provide management with an independent assessment of the Division’s information systems and business processes with an eye toward identifying opportunities for improvement as well as future system needs. Depending on the results of the feasibility study, the Division may submit an amended appropriation request in its proposed budget.

Status of Division of Licensing Workload:

Ms. Crawford said she is happy to report the Division is current in its processing of renewal applications. She stated that initial applications, which do not require review of criminal history and/or experience verification, are being processed in a matter of weeks instead of months. The number of applications and documents to be processed is down from over 110,000 to about 23,000. Ms. Crawford explained the remaining backlog involves applications that require criminal history review and experience verification. She reported that the new fast-track application service for concealed weapon licensees in the Division’s Regional Offices has been very successful. The Division has processed almost 10,000 applications since the implementation of the program in October. Ms. Crawford said that is a remarkable amount of applications handled in the few months since implementation and she thanked Art Varnadore and the regional office staff and Susan Harrell, Beverly Springer, Kevin Gay and the BLI staff for their hard work in making it a success.

Class “D” Security Officer Curriculum:

Ms. Crawford announced that a public meeting was held October 15, 2009, in Orlando to review the curriculum revisions recommended in 2005, to solicit current input, and to finalize the proposed revisions into a final draft that the Division can use to start the rulemaking process. She reported that the chair for the training subcommittee is Patti Schmitt and that the PIRSAC members would be reviewing the product of the October meeting today.

Follow up Issues from Last PIRSAC Meeting:

Ms. Crawford stated that there were a few issues brought up at the last PIRSAC meeting for which she needed to provide follow-up. The first item is for Brian Taylor and Jamie Blackburn: The Recovery Agent Handbook has been revised as requested and is now available for dissemination. The second issue is for K.C. Poulin: The number of individuals who hold Class “G” Statewide Firearm licenses and Concealed Weapon or Firearm licenses is 11,990; the total number of valid G licenses at the end of November 2009 was 22,969.

Ms. Crawford concluded her comments.

Mr. Lamarche stated he had been to the Tallahassee Regional Office a few times since the last PIRSAC meeting and was very impressed with the facility and the promptness of the help for himself and for other applicants. Mr. Lamarche asked Ms. Crawford to let the industry know if they can assist in any way to get the additional staff needed for the Division of Licensing.

Tim O’Rourke asked Ms. Crawford how many full time equivalent (FTE) positions the Division has. Ms. Crawford responded stating there are 142 (FTE) positions at this time. Mr. O’Rourke asked how many temporary/part time positions the Division currently has. Ms. Crawford said that is more problematical to answer because the funding is going to end, so although the Division currently has funding for about 105 temporary OPS positions, most of that funding will be ending June 30, 2010. Mr. O’Rourke asked if the Division were to receive approval for the 28 (FTE) positions, when would the positions be effective. Ms. Crawford replied the effective date would likely be July 1, 2010.

John Zurenda, President of the Florida Association of Licensed Investigators (FALI) asked Ms. Crawford what is more beneficial as far as the overall mission to the Division, the 28 (FTE) employees or the 105 temporary OPS positions. Ms. Crawford replied that the Division would benefit more from the 28 (FTE) positions. She explained that when funding for full time positions is granted, it normally stays in the base budget. She further explained that if the Division had a justifiable need to ask for supplemental budgetary approval in OPS funding, it could go back to the Legislature for that particular fiscal year. Ms. Crawford said that FTE positions are also beneficial because the Division will have trained personnel who are more likely to stay with the Division, rather leave to find a full time position with benefits.

K.C. Poulin commented that this issue affects all licensees no matter what group they belong to. He further stated that presidents of three associations representing the various industries regulated under FS493 are present at the meeting and would easily commit to assisting in any way they can to ensure the Division of Licensing gets the positions that are being requested.

Mr. O’Rouke said last month he ordered some firearms proficiency forms and he noticed that range name and range location had been added to the form. At Ms. Crawford’s request, Art Varnadore explained the revision was made to help BRE investigators know where the Class “G” applicants are receiving their training. Mr. O’Rourke and Mr. Poulin complimented the revision to the form.

Mr. Lamarche asked about revisions to the Class “G” firearms training. Ms. Crawford explained that the October public meeting purposely focused on revisions to the Class D Security Officer curriculum only. Mr. Miller commented that he recalled from discussions at previous PIRSAC meetings that the Division would focus on the Class D Curriculum first and would later look at the ”G” training.

Jamie Blackburn, President of the Florida Alliance of Certified Asset Recovery Specialists (FLACARS) asked about the delay in processing applications requiring experience verification. He asked if it is possible to find out what is being done for E and EE agents at this time? Ms. Crawford explained the Division is currently training OPS personnel to perform experience verification and criminal history review. This process requires the most intensive training and supervisory oversight. She stated that once the additional personnel are trained and are able to work independently, the backlog would reduce dramatically.

Mr. Blackburn asked specifically what is the process to verify experience. Ms. Crawford explained that a Division of Licensing employee calls the individual listed on the Affidavit of Experience as the person who can verify employment to confirm that the claimed experience is indeed what the applicant performed in his/her job duties. She stated the Division must be able to ascertain the exact percentages of the duties performed that relate to the license sought; the time frames involved; and what the specific related duties were. Joe Taylor asked what is done to verify the experience for an in-house repossessor. Ms. Crawford explained the steps taken are the same as what was previously described -- that the Division verifies the experience claimed on the notarized Affidavit of Experience form; there is no investigation performed. Mr. Taylor asked if the Division obtains payroll records to prove experience. Ms. Crawford said the Division does not ask for payroll records. Mr. Taylor stated that he believes payroll records should have to be produced in order to verify experience. Discussion continued on this subject. The Division’s experience verification procedure for private investigators was also discussed.

Mr. LaDrew asked whose responsibility it is to maintain employment records. Ms. Crawford said that if the entity is regulated under FS493, by law, it is the agency owner’s responsibility to maintain records for two (2) years. She explained that after two (2) years there is no statutory requirement for maintaining records. Ms. Crawford said that an intern’s sponsor is required by law to submit biannual progress reports (every 6 months) and a termination/completion of sponsorship form within 15 days of the event. She stated the Division can take action against a sponsor or the employing agency for failure to comply with these requirements. Ms. Crawford explained that since late 1998 every document provided to the Division is scanned into the electronic document management system (EDMS). She further explained that terminating the employee does not terminate the sponsorship. Mr. Lamarche asked Ms. Crawford if this requirement is in Chapter 493. Ms. Crawford replied that it is. Mr. Lamarche suggested that the matter regarding termination may need to be better explained in the law so that it is not so confusing. Mr. Blackburn asked if the agency could inquire with the Division of Licensing to determine whether it has outstanding terminations or sponsorships that need to be reported. He said he knows that in some circumstances, the employee has been terminated but sponsorship was not. Ms. Crawford recommended that agencies send an e-mail to the Division’s customer service center and write specifically the names of the employees in question to determine if the termination of sponsorship forms had been submitted. The Division will respond to the e-mail and the agency will have the requested information in writing.

Mr. Lamarche complimented John Russi, the Division of Licensing’s former Director. Mr. Lamarche said everyone is grateful to Mr. Russi, who, as the Director of Licensing for some 15 years, brought the Division into modern times and represented the regulated industries so well. Mr. Lamarche stated it is a pleasure for the PIRSAC members to meet in Tallahassee and to see Mr. Russi.

Mr. Lamarche again introduced Senator Carey Baker explaining that the senator had come to the meeting to learn more about the industries regulated under FS493.

Old Business:

Mr. Lamarche asked Patti Schmitt who is the Chair for the training subcommittee to report on the public meeting held in October in Orlando regarding the Class “D” Security Officer curriculum. Ms. Schmitt reported that the curriculum that was discussed at the October meeting had been previously reviewed 4 or 5 years ago. The intention of the meeting was to readdress and restructure strictly the Class “D” course content to ensure that it is more in line with post 9-11 needs of the security industry. Ms. Schmitt stated the subcommittee also wanted to look at the training from the possibility of the separate 24-hour and 16-hour blocks of training being merged to one 40-hour block. She explained that because there was much work to be done at the meeting, the subcommittee worked diligently to keep speakers on point. Ms. Schmitt felt the committee received a lot of input from the participants and incorporated many of their suggestions with the subcommittee’s suggestions and expertise in the industry. Ms. Schmitt said she thinks a really good format and curriculum came out of the meeting and it is ready to be presented to PIRSAC. Mr. O’Rourke agreed that the meeting went very well and stated that the forward thinking changes that were suggested are necessary and will help in the future should the curriculum be delivered in a 40-hour format. Ms. Schmitt said that because there is no longer a 2-year period between the 24-hour block and the 16-hour block, discussion regarding Chapter 493 was eliminated from the 16-hour block, thereby allowing additional time for other topics. Mr. Lamarche complimented the subcommittee, especially on the updating of the terrorism awareness segment, which he believes is very important to the security industry. Mr. Miller thanked the subcommittee for their good work.

MOTION by Mr. Johnnie Huneycutt: To accept the revised curriculum as the Class “D” Security Officer Training Curriculum guide.

Second: Mr. William LaDrew

Motion approved unanimously.

Discussion was held regarding the timeframe for implementation after the rule is promulgated. Mr. O’Rourke made the recommendation of a July 1, 2010 target; after additional discussion, this date was recommended.

New Business

Mr. Taylor asked if the Division could implement by rule, rather than by additional legislation, another step in the verification process for the applicant claiming in-house recovery experience to furnish payroll records to validate he or she has gained the experience claimed in the Affidavit of Experience form. Ms. Crawford said she would look into this matter. Mr. Taylor said he would send Ms. Crawford some information about this issue. Mr. Miller asked Mr. Taylor if income tax records would suffice to show the experience is valid. Discussion continued on this subject. Mr. LaDrew suggested in regard to the experience issue that if the recovery agent had to work under a licensed agency and a licensed recovery agent in the State of Florida, this would stop all of the unlicensed activity. Ms. Crawford said such a change would require a revision to Chapter 493.

Ms. Schmitt said that she wanted to take a moment to recognize Connie Crawford who received the 2009 John Russi Founder’s Award at the annual conference of the International Association of Security & Investigative Regulators (IASIR) that was held in Portland, Oregon, in November. Ms. Schmitt stated that Ms. Crawford was nominated and selected for the award, which is a huge honor. Ms. Schmitt further stated she was very proud of Ms. Crawford and felt it was very well deserved because of the commitment Ms. Crawford has demonstrated not only to the regulated industries in Florida but also internationally.

Election of Chairman and Vice Chairman

Mr. Lamarche nominated Tim O’Rourke.

Ms. Schmitt nominated Alan Lamarche for Chairman again for another term. Mr. Lamarche asked if there are any other nominations for Chairman. None were made.

Mr. O’Rourke seconded the nomination for Alan Lamarche for another term.

MOTION by Mr. William LaDrew: Alan Lamarche for Chairman and Tim O’Rourke as Vice Chairman for another term.

Mr. Leonard Miller seconded.

Motion approved unanimously.

Determination Regarding Next Meeting Locations

Discussion was held and the Council approved meeting locations for 2010 in the following cities:

• March – Orlando
• June – Jacksonville
• September – Fort Lauderdale
• December - Tallahassee

Comments by Industry Associations

Private Investigation – John Zurenda, President, FALI, stated that FALI is working on pursuing some legislation this year: the window tint exemption and for private investigators and process servers throughout the state to have access to driver license photos of individuals either by a separate database through a third party provider or direct access to DHSMV DAVID database. Mr. Zurenda stated he was told that Federal law prohibited the release of driver license pictures. He explained that he researched the matter and found that not only is it not prohibited but also specifically states that driver license photos are part of the record that can be released under the proper exemptions. Mr. Zurenda said that Florida’s law, however, prohibits access to driver license pictures. He said he doesn’t know if new legislation is needed or if it can be an administrative change made by the Department of Highway Safety and Motor Vehicles (DHSMV). Mr. Zurenda stated he is working on setting up a meeting with the DHSMV Director.

Mr. Zurenda further stated the complaints he was receiving regarding the Division’s backlog of applications has ended and he commended Ms. Crawford and her staff for doing a great job.

Mr. Lamarche stated that he had asked Sheriff Dobson at the last PIRSAC meeting what the Florida Sheriffs’ position would be regarding the window tinting issue. He said that Sheriff Dobson replied that although he did not see a problem with the window tinting legislation, he would ask the Florida Sheriffs Association for its position. Mr. Zurenda stated that he had not been in touch with Sheriff Dobson but had been in touch with the President of the Florida Police Chiefs Association to discuss the matter. Senator Baker stated that last year when the window tinting language was proposed, the bill was available for all of the Police Chiefs, Sheriff’s, and everybody to see and he was not approached about the issue or had any objections expressed to him. Senator Baker further stated he believes it is possible for the bill to pass this year. Mr. Lamarche thanked the Senator and said this sounds very encouraging.

Recovery – Mr. Taylor said he has been following the legislative process since 1986. He said nothing endears him more than the accessibility of a legislator, being there and listening and being sincere. Mr. Taylor said that Senator Carey Baker has been that kind of person over the years; he has supported the industry and has always listened. Mr. Taylor said that Senator Baker has gone a step further beyond that in serving our country in the military.

Security – K.C. Poulin, President, FASCO, thanked Senator Baker for attending the PIRSAC meeting and thanked Senator Baker for his support of the industries regulated under FS493.

Mr. Poulin stated that he also attended the IASIR conference in Portland. He stated that the purpose of the trip was to evaluate regulatory models from other states and countries. He said conference attendees included representatives from the Middle East, Canada, and the United States. He commented that he was able to see first-hand the level of respect Connie Crawford and Art Varnadore have from their group of peers in IASIR. Mr. Poulin said the impact that John Russi and other Division of Licensing staff have had on IASIR and the respect for Florida and its standards was amazing to see. He said it was very interesting to see the different regulatory models and to see how and what the different states and countries regulate. Mr. Poulin said he looks forward to attending the meeting next year and encouraged others to attend and become a member.

Mr. Poulin stated his issue is a follow up from the last PIRSAC meeting and pertains to the numbers Ms. Crawford provided regarding Class “G” licensees who also hold concealed weapon licenses. The numbers that Ms. Crawford provided shows there is an overlap of almost 12,000 licensees who carry both a Class “G” license and a concealed weapon license -- out of the total of almost 23,000 G licensees. Mr. Poulin said the issue being discussed in the security industry, and it may be something that Investigators want to look at as well, is changing the statute to make the Class G license serve as a concealed weapon license, too. Mr. Poulin stated that it would cut down on paperwork from incoming applications. He said the Class G license requires a higher training standard and additional criminal history disqualifiers than the law requires for a concealed weapon license. He stated that if a licensee possessed a G license, the license could be used whether the licensee is on or off duty. Discussion continued about eliminating the apparent redundancy of these license processes. Senator Baker recommended that the industry ask Marion Hammer for input and Mr. Lamarche agreed. Mr. Lamarche said that while listening to the recommendation, it might be better to make the change in Chapter 493, rather than Chapter 790. Mr. Russi commented there might also be some security agencies that will be opposed to the change. For example, when the licensed agency pays for the employee’s Class “G” license and the employee has the ability to carry a concealed firearm off duty, the employing agency may incur some liability. Mr. Russi recommended checking with Ms. Hammer and Drew Levine before further pursuing the matter. Johnnie Huneycutt said he believes the concept has merit; it reduces redundancy, paperwork, and duplication of photos, licenses, and fingerprints.

Mr. Poulin reported that immediately following the PIRSAC meeting, FASCO will hold its meeting and he invited everyone to stay for the presentation of the John M. Russi Award.

MOTION by Mr. Leonard Miller: To adjourn the meeting.

Second: Ms. Patricia Schmitt

Motion approved unanimously.