Past Meetings

March 13, 2009
PIRSAC
Tampa

Chairman Alan Lamarche called the meeting to order at 9:00 a.m. and welcomed everyone to the meeting. He asked John Wurst 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 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 Dan Cabrera, Investigator Supervisor, Michael Smoak and Ed Warren, Investigation Specialists with the Tampa Regional Office.

Mr. Lamarche called for a reading of the December 11, 2008 meeting minutes.

MOTION by Mr. Leonard Miller: 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 the Council members and audience be recognized by the chair before they speak in order to help the meeting move along.

Mr. Lamarche recognized Joe Taylor as a formal council member and thanked him for his many contributions to the industry and to the council.

Mr. Lamarche asked attendees to introduce themselves and to provide the name of the agency they represent and the types of licenses they hold. He thanked everyone for taking time from his or her busy schedule to attend the meeting.

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

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

On behalf of Charles Bronson, Commissioner of the Department of Agriculture and Consumer Services, Ms. Crawford presented Mr. Miller with a Certificate of Appointment to the Council for an additional four (4) year term. She thanked Mr. Miller for his continuing dedication and contribution to the Council.

Ms. Crawford provided a status report on current Division operations, workload status, legislation and the revenue shortfall. Ms. Crawford provided a quick overview for those individuals who were not present at previous PIRSAC meetings regarding how the Division got into the position that it is in now. She explained 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. The Division has experienced unprecedented growth in the receipt of initial applications in just 3 fiscal years (04/05 - 07/08): a 162% increase in the two programs combined; the Concealed Weapon Licensing program alone has seen a 200% increase. And the upward trend is continuing.

Ms. Crawford advised that, for budget-related issues, Commissioner Bronson, Chief of Staff Terry Rhodes, and the Department’s Planning and Budget Office have worked tirelessly with the Office of the Governor and the Legislature. The Department’s budget office coordinated for Licensing staff to give a presentation and tour to representatives from the Governor’s office, Senate, and House of Representatives in August 2008, to let them see first-hand the workload volume the Division is dealing with.

Progress has been made. The Division was exempted from the 4% hold back of its budget for FY 08-09. This meant the Division did not have to lay off staff needed to process applications. It also meant the Division could fill vacancies as they occurred. Additionally, the Division received funding authority in separate budget issues to hire temporary OPS employees and to work overtime. She stated that the most recent budget issue is not effective until April 1, 2009, but that supervisors have been interviewing prospective employees since the moment the budget issue was approved. Ms. Crawford expressed the Division hopes to have a majority of the OPS employees hired within the first week of April.

Ms. Crawford explained that In December 2008, soon after the December PIRSAC meeting, the Division started mailing renewal notice/applications 150 days prior to the licensee’s expiration date. A priority was also placed on processing renewal applications. She stated that in order to help licensees understand the Division’s backlog, the January 2009 Newsletter included a notice explaining the need for licensees to return renewal applications back to the Division as soon as possible. Doing so will result in fewer licenses expiring thereby reducing the possibility of someone not being able to work. She stated that the Division is currently processing renewals received about 4-6 weeks ago but it remains critical for the licensee to return the renewal application immediately.

Ms. Crawford reported that on March 16, 2009, the Department gave the Division approval to utilize the services of several employees from other Divisions within the Department. She said the employees are working in the Mailroom with existing staff to help reduce the backlog of unopened mail. Ms. Crawford explained that once the backlog of unopened mail is reduced, the Division would better know where to concentrate placing the OPS employees.

Ms. Crawford reported that the OPS employees hired after April 1, 2009; will be located not only in Tallahassee but also the Regional Offices. In addition to concentrating on the existing backlog in Tallahassee, the Division will be implementing a service in its Regional offices to help reduce the backlog of processing CW applications. Staff will be added to review and accept concealed weapon applications. The Division intends to eventually add automation for fingerprinting and the application itself but, until the automation is implemented, the new personnel will review the CW applications for completeness and will work with the applicant to assure any supporting documentation to prove eligibility is submitted with the application. By doing this, it will reduce the number of Errors or Omissions (EO) letters that must be generated and mailed from Tallahassee. This should further result in a reduction of the number of incoming EO responses that must be scanned, indexed and processed. Ms. Crawford said the Division hopes to have the application and supporting documentation to a point where the license can be issued as soon as it is reviewed in Tallahassee (if the individual has no disqualifying information), meaning the application would have to be looked at only once.

Ms. Crawford restated the budget challenges the Division has faced for those who could not attend the September and December PIRSAC meetings and who may not have had the opportunity to read the Division of Licensing’s Newsletter. She explained that the Division (like all state agencies) was asked by the Legislature in July 2008 to reduce its approved budget for this current fiscal year (08-09) by 4%. As was done in fiscal year 07-08, this meant the Division was asked again not to fill positions and to discontinue working overtime. Also, In July 2008 the Division was asked to reduce its budget request for next fiscal year (09-10) by 10%. Ms. Crawford stated that, as she had mentioned previously, through the efforts of Commissioner Bronson, Chief of Staff Terry Rhodes, and the Department’s Budget Office working with the Legislature, they were successful in keeping the Division from feeling the impact of the requested cuts for fiscal year (08-09).

Ms. Crawford stated that during the week prior to the PIRSAC meeting, however, in addition to July 2008, 10% reduction requested for fiscal year (09-10), the Division was again asked in March 2009 to reduce its budget by an additional 10% for fiscal year (09-10). She advised that the Division’s response reiterated what had been conveyed for the last several months: the Division of Licensing is a trust-funded entity and does not receive any General Revenue funding.

Ms. Crawford explained that in January, the Governor’s recommended budget to the Legislature included the possibility of taking money from various trust funds. The Division of Licensing Trust Fund was earmarked for 2 million dollars. The recommendation submitted in March showed 8 million dollars. The Division will not know the outcome of this issue until after the 2009 Legislation session.

Mr. Crawford gave an update on legislation:

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. She stated that in December, 6 months into FY 08-09, the upward trend is continuing. She reported that unfortunately, there had been no corresponding increase in personnel. She informed attendees that the Division’s current backlog is 8 weeks, with over 65,000 documents waiting to be processed; the Division’s phone call abandon-rate is around 39%, with the average number of telephone calls received in the public inquiry section for a week being between 3,000 to 3,500.

Ms. Crawford explained that due to revenue shortfalls for this fiscal year (08-09), like all state agencies, the Division had been requested by the Legislature 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 some encouraging news - the Office of the Commissioner and the Department’s Budget Office are very aware of the Division’s workload problems and how the proposed reductions will exacerbate the problem. The Department’s budget office coordinated the ability for Licensing staff 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 workload volume the Division is dealing with. Ms. Crawford said she is happy to report that, with the help of the Commissioner’s Office and the Department's Budget Office, the Division was able to obtain an exemption from the 4% holdback for this fiscal year. The Division also received approval to hire 10 additional OPS employees and had finished the hiring process during the first week of December. Ms. Crawford reported that, rather than submitting recommendations to the Legislature representing a 10% reduction for the FY 09-10 budget, the Division is requesting budget authority to hire additional full-time, career service positions and OPS staffing as needed. Ms. Crawford stated she would provide an update on this issue in March at the next PIRSAC meeting.

Mr. Crawford gave an update on legislation:

2006 - Seaport Security Officer - s.311.121

Ms. Crawford announced the curriculum framework for the Seaport Security Officer course had been developed and it is a 220-hour course. The Department of Education and the Seaport Security Officer Qualification, Training, and Standards Coordinating Council are moving forward to develop the continuing education requirements.

The Division hopes to solicit public input regarding the requirements for an individual to teach the 220-hour course. After the input is received, the Division will go through the rule-making process. After the rule is promulgated, the Division can begin accepting applications for the instructors and any new “DS” facilities. Once the schools and instructors are licensed, individuals can begin taking the Seaport Security Officer course.

2009 – Ms. Crawford reported on Department Bill (SB0868 and HB1447). As she had mentioned at the PIRSAC meetings in September and December, she stated the items presented by the Division are primarily housekeeping in nature and have no detrimental fiscal impact. For example, the current law requires two color photographs, only one is needed for the licensure process; the current law references the FDLE’s Firearm Purchase Program as the approval/non-approval mechanism for Temp G’s – the Division does this now using live scan fingerprinting; under the current law, the RS school is titled “Repossessor” School – it would be revised to “Recovery Agent” School.

Ms. Crawford advised the Division did include the suggested revisions to require proof of 40-hours training to be submitted when an individual submits his or her application for a Class “D” or Class “CC” license. She explained that these proposed revisions also have no detrimental fiscal impact and would assist in reducing the backlog. In fiscal year 07-08, the number of administrative actions jumped from approximately 12,000 to over 30,000. Of that number, 17,000 were suspensions for not obtaining the training, 5,000 of the suspensions resulted in reinstatements processed by the attorneys and legal support staff.

Ms. Crawford concluded her comments.

Mr. Lamarche commended Ms. Crawford for the Division’s hard work on behalf of Chapter 493 licenses. Mr. Lamarche said what the Division is trying to do in the Regional Offices is outstanding: the direct result of the increase in applications for concealed weapon licenses is a good deal for Chapter 493 licensees in getting the backlog taken care of. These efforts will result in more expeditious processing of paperwork thereby freeing up personnel to serve licensees in other ways. Mr. Lamarche stated this is the best news he has heard in a long time.

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

Johnnie Huneycutt asked Ms. Crawford how many various trust funds the State of Florida has. Ms. Crawford explained that she was not sure but that she could provide the url for the website where the $8 million dollars is referenced on page 337 of the Peoples Budget if anyone would like to see it.

Tim O’Rourke asked Ms. Crawford what would happen if the Governor were successful in taking the $8 million from the Trust Fund. Ms. Crawford replied that it would be very problematic for the Division to keep additional staff and upgrade equipment. The Division’s current computer system is old and the hardware will need to be replaced. Ms. Crawford advised that she is asking for 24 full time employees in the budget request for fiscal year 09-10. She stated that she will also ask for continued funding for the temporary OPS employees.

Mr. O’Rourke asked when the effective date for requiring the 40 hours of training for security officers up front would be. Ms. Crawford replied she did not have the bill with her and did not recall the date with certainty but that she would look it up and report back to Mr. O’Rourke.

Old Business:

Determination of Priority for Updates to Curriculum for Class “D” Security Officer training and Class “G” Statewide Firearm License training.

Mr. Lamarche announced that updating the curricula for the Class “D” Security Officer License and the Class “G” Statewide Firearm License has been discussed at various council meetings in the last couple of years but that with the changes in Division Directors, this issue has never been finalized. He stated if the Division’s budget allows it, and the Commissioner approves it, he would like the Division to hold a public meeting one-day prior to the next PIRSAC meeting in June for the training subcommittee to discuss and receive input on one or both of these issues. He stated a report on the recommendations could be presented at the following PIRSAC meeting.

Discussion was held on whether the public meeting should encompass both the “D” course and the “G” course or just one of them. Mr. Lamarche stated that he realized that all of this is contingent on travel authorization. Ms. Crawford explained because the Division has so many critical items requiring attention between April 1st and June 30th, she suggested that the focus be on one topic at the time. She agreed that it would be great to get the training updates finalized. Mr. Lamarche reminded everyone that the Council’s training subcommittee could only make recommendations to the Division but that, in the past, many of the recommendations had been implemented.

Ms. Schmitt said she had started an e-mail asking for input on this issue. Ms. Schmitt stated she thinks the focus of where to start first should be where it impacts the most licensees: the “D” course. She stated that if Chapter 493 is revised to require an applicant to complete the entire 40-hour course prior to submission of the application, terrorism-awareness training needs to be addressed since the topic is included in the 24-hour segment and the 16-hour segment of the current “D” course. She also stated the public meeting should be held in June so that the proposed revisions could be drafted between June and September prior to the next PIRSAC meeting.

Mr. Miller stated in consideration of the many priorities the Division is currently facing, he does not think it is realistic for a June meeting to happen and to have something drafted by September 2009. Ms. Schmitt said there is always going to be budget and other things going on and she understands Mr. Miller’s comment. She stated her similar concern about the timing but said it would be nice to have something to work for next year. Mr. O’Rourke stated that even if a public meeting is held in June, he is doubtful that a proposed revised curriculum could be finalized by September 2009. Ms. Schmitt stated that when work begins on the curriculum she wants the training subcommittee members to be able to take their time and come up with a great product. Discussion was held on the topics discussed at previous training meetings.

K.C. Poulin said, on behalf of FASCO members, the sooner information can be disseminated to the agencies and the schools about the 40 hours being required up front the better.

Mr. Lamarche said that if there is a public meeting in Orlando, it needs to be decided what should be discussed, what changes need to be made, if any, to either the “D” or the “G” curriculum, or for the “K” license instructors. Mr. Lamarche restated Ms. Schmitt’s recommendation to focus on the ”D” curriculum. Dan Cabrera mentioned that he would like to see workplace violence added to the “D” course. Ben LaDrew stated that they needed to be realistic with the time constraints and believes there should be separate meetings to address the individual “D” and “G” courses. After a lengthy discussion, Mr. Lamarche advised Ms. Crawford that the Council would like to pursue having an extra day in June to hold a public meeting to discuss the Class “D” curriculum.

Ben Poitevent explained that the Division would know prior to the June PIRSAC meeting if the bill containing the proposed revisions to Chapter 493 had passed. If the bill did not pass, the June meeting could focus directly on curriculum changes. If the bill did pass, agency owners would need guidance to assist them with implementation of the revisions to the law and the curriculum changes that could possibly be effective July 1, 2009. Ms. Crawford stated that even if the bill were to pass, the current rule and curriculum would still apply until any proposed revisions to the curriculum are effected.

New Business

NRA Firearms Instructor and Personal Protection Instructor Courses

Mr. Lamarche explained that Jeffrey Kelly, who is in attendance at the meeting, had written a letter to the Florida House of Representatives, Florida Senate, Division of Licensing and PIRSAC members requesting a review of the requirements to become a Class “K” Firearms Instructor. Mr. Kelly believes the current requirements are difficult to meet because firearms instructor classes conducted by the Criminal Justice Standards and Training Commission (CJSTC) have become almost impossible for non-law enforcement personnel to enroll in. At the request of PIRSAC, the Division of Licensing looked at the CJSTC requirement last year. Former Director Buddy Bevis determined a certificate of completion of the Curriculum Maintenance System (CMS) Instructor Course recognized by the CJSTC under the Florida Department of Law Enforcement satisfies the requirement of Chapter 493.

Mr. Kelly stated that it is still difficult to get accepted into the CMS course. He said that as a special operations person in the fire community he understands it may take a law change for the Division of Licensing to allow additional courses as a qualifying source of certification. Mr. Lamarche informed Mr. Kelly that Miami Dade College holds the CMS classes, as well as some other schools. Mr. O’Rourke stated that he had read Mr. Kelly’s request and had done some research about whether the State of Florida needed more Class “K” Firearms Instructors. Mr. O’Rourke distributed handouts to Mr. Kelly, and to all PIRSAC members and Ms. Crawford. Mr. O’Rourke had requested workload reports from the Division for 2006, 2007 and 2008, and discussed the statistics in the reports. After a lengthy discussion, it was determined that additional research into this matter is needed.

Tony Pena mentioned that he received an invitation to take an NRA course for a Police Pistol Instructor that would cost $600. He indicated that someone from the NRA is holding the course by invitation only but that he has not yet received all the details. Mr. Lamarche explained that only NRA Instructors could teach that course.

Email Request from Larry LaClair, Miami Dade College to PIRSAC

Alan Lamarche indicated that Mr. LaClair requested input from industry members to assist in his development of a class for police officers. The class is intended to provide insight and education to prospective law enforcement officers about Chapter 493 and the regulated professions. This information could become a new part of police training for new recruitments around the State of Florida. Mr. Lamarche requested the Council members and meeting participants to e-mail Mr. LaClair at llaclair@mdc.edu about any subjects/comments that would help him on this very worthwhile endeavor.

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. The conference is scheduled to be held May 21-24, 2009. Mr. Zurenda stated the National Association of Legal Investigators (NALI) would also attend the conference.

Mr. Zurenda said that at the next board meeting a Probable Cause Review Committee would be formed for members that may need help with state rules and regulations. He stated that it is not legal assistance or advice; the committee is to help assist with individual situations.

Recovery – Brian Taylor, President of the Florida Alliance of Certified Asset Recovery Specialists (FLACARS) announced the FLACARS conference is scheduled for October 17, 2009, in Kissimmee.

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.

Mr. Poulin stated that FASCO’s board is working to come up with ways to give guidance/standards to its members regarding Chapter 493.

Mr. Poulin said that FASCO and FALI are extremely involved and are lobbying against the Governor’s recommended budget to the Legislature to take any money from the Division of Licensing Trust Fund.

Mr. Poulin reminded everyone to attend the joint conference with FALI that will be held in May.

Comments from Public/Industry

Ben Poitevent discussed the current legislative session and its objective to deal with Florida’s $3-5 billion revenue shortfall. He commended Ms. Crawford and Mr. McCarthy for defending public records exemptions because they are always an issue with the private investigative industry. He explained there are a lot of shell bills this year that can be filled in at a later date. Mr. Poitevent said that last year only 17% of the bills that were filed got passed.

Mr. Poitevent said that FALI and FASCO members are doing all they can to convince the Legislature to leave the trust fund alone. He stated that the Division of Licensing’s biggest challenge is obtaining spending authority… to get the Legislature to release dollars from the trust fund for the purpose of running the program.

Mr. Poitevent wanted to go on record commending Commissioner Bronson and Terry Rhodes for supporting the Division of Licensing.

Discussion was held on the term limit for the Commissioner of Agriculture. Commissioner Bronson’s term ends in 2010.

Mr. Lamarche distributed an article regarding a deputy that accidentally shot herself in the hand while removing her service weapon. He indicated he brought the matter up as a safety issue to remind people what could happen if they do not use proper care in the handling of a firearm.

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

June 25, 2009
9:00 AM
The Florida Hotel and Conference Center
1500 Sand Lake Road
Orlando, Florida 32809
407-859-1500

Meeting adjourned.