Past Meetings

December 11, 2008
PIRSAC
Tallahassee

Vice Chairman Alan Lamarche called the meeting to order at 9:00 a.m. by welcoming everyone and explaining that he would be chairing the meeting in the absence of Chairman Drew Levine. He then 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 Connie Crawford, the Director for the Division of Licensing, and asked Ms. Crawford to introduce her staff.

Prior to introducing her staff, 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 as Vice Chairman on the Council.

Mr. Lamarche then recognized John Russi as the Division’s former Director, explaining that because of Mr. Russi's dedication and helpful assistance to the security industry during his tenure as Director, he was the inspiration for the John M. Russi Award, which would be presented later in the meeting. Mr. Lamarche also recognized Eddie Silva, who was a long time Council member, and thanked him for providing great service and dedication to the Council for many years.

Ms. Crawford followed by introducing 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, Mike McGuckin, Attorney Supervisor, and Art Varnadore, Chief of the Bureau of Regulation and Enforcement (BRE), who is in charge of all Regional Offices. Ms. Crawford explained that because the PIRSAC meeting was being held in Tallahassee, additional personnel from the Division of Licensing were able to attend. She then introduced Mary Kennedy, Chief of the Bureau of Support Services, and April Howard, Operations and Management Consultant Manager, who had coordinated the logistics of the PIRSAC meetings for many years, but was recently promoted and is now working in the Division’s Bureau of Support Services. She concluded the introductions with Susan Harrell, Chief of the Bureau of License Issuance, Beverly Springer, Senior Section Administrator and Janice Lambert, Senior Section Administrator. Ms. Crawford explained that she saved introducing Ms. Lambert as the last person, because she wanted to especially recognize Ms. Lambert who was retiring after 36 years of service to the State of Florida.

Mr. Lamarche called for a reading of the September 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.

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.

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.

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.

CPO Jason Frank Awarded the 2008 John Russi Award

Mr. Lamarche explained the John M. Russi Award was established in 2004 by Florida Association of Security Companies (FASCO) to honor retiring Division Director John Russi. The award is presented annually to a licensed security officer who demonstrates the highest standards of professionalism, integrity, and dedication to the security industry. Representatives from the FASCO and Mr. John Russi presented the 2008 John M. Russi Award to CPO Jason Frank for demonstrating and exemplifying integrity and courage. Mr. Lamarche read CPO Frank’s biography and congratulated him by presenting him with a plaque and a check for $500.00.

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

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 course had been developed by the Department of Education and was reviewed in September by the Seaport Security Officer Qualification, Training, and Standards Coordinating Council. Based on that review, the hours increased from 218 to 220. Ms. Crawford explained that depending on what happens during the 2009 legislative session, it is anticipated that hearings will be held during the first or second quarter of next year to solicit input about what the requirements should be for an individual to teach the 220-hour course.

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 479 exams. Of that number, 105 individuals have not passed the exam.

CC Training

The 40-hour training requirement for the Class “CC” Private Investigator Intern applicant became effective September 1, 2008. Under the new requirement of section 493.6203(6), Florida Statutes, the training must be administered by an institution operating under the purview of the Florida Department of Education (DOE). Ms. Crawford reported that, to date, four schools had been approved by DOE to offer the course. She informed attendees that there is a link on the Division's website that will take one to the DOE webpage where the approved schools are listed.

2008 - Senate Bill 948

Ms. Crawford informed attendees that Senate Bill 948 was approved by the Governor and the language of the bill 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.

2009 – Ms. Crawford reported that it is anticipated there will be a Department bill. The items presented by the Division are primarily housekeeping in nature and have no fiscal impact to the budget. 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 revisions suggested at the PIRSAC meeting held June 26, 2008, 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, are also included in the proposed language. 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 have no detrimental fiscal impact on the Division’s budget and will assist in reducing the backlog when one takes into consideration that in fiscal year 07-08, the number of administrative actions jumped from about 12,000 to over 30,000. Of that number, 17,000 were suspensions for not obtaining the training, which resulted in 5,000 reinstatements by the attorneys and legal support staff.

Ms. Crawford explained the Division was asked by the Council at the September 11, 2008, meeting to consider adding to the 2009 legislative package a revision that would allow the training for security officers to be offered online. Ms. Crawford advised this did not happen, as she mentioned at the June meeting, the package suggested revisions was due to the Department’s Legislative Affairs office in August. This will now provide the Division a more reasonable timeframe to research the matter, which is critical in today’s economy, because there will very likely be a fiscal impact.

Ms. Crawford concluded her comments.

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

Tim O’Rourke asked how many new employees the Division is requesting. Ms. Crawford replied the Division is requesting the budget authority for 24 full-time positions and to continue the authority for the OPS (temporary) employees. She further stated that the Division had not submitted any 10% reductions, but had recommended instead its request for additional staffing.

Mr. O’Rourke also asked how much will the Seaport training affect the Division’s operations. She replied that is a difficult question to answer because the Division has not had any need for action yet. She explained that if there were no changes made during this upcoming session, the Division would likely hold hearings in the first or second quarter of 2009 to solicit input for the purpose of determining what the qualifications for the instructor should be. Afterward, the proposed rule would be developed and the Division would go through the rulemaking process. Once the rule is adopted, the Division can begin accepting applications for schools that wish to offer the seaport security training.

Mr. O’Rourke said seaport security only represents 1% of the security industry in the State of Florida and there was concern a few years ago about the fiscal impact this would have on the Division. Ms. Crawford replied the Division is ready to issue the licenses with the seaport security officer designation, which is primarily what is required of the Division. She also stated that because the student must be taught by a licensed security officer school or training facility, the current rule would need to be revised to require the appropriate instructor level of expertise for the seaport training. Ms. Crawford said she is hoping the Division will be asked to provide input during the 2009 legislative session.

Ms. Schmitt stated that members of the industry have expressed concern to her about where the money would come from for the security officers to pay for the 220-hour seaport security officer course.

Ms. Schmitt expressed her concern and frustration about the difficult process involved for the Division to gain the authority to use the trust fund money to better serve the licensees. She stated she often has to explain to members of the regulated industries that Division of Licensing management is working hard to obtain approval from the legislature for the needed budget authority to acquire additional staff. Ms. Schmitt further stated if there is something industry members can to do help educate and explain to their Legislators about the Division’s workload problems, they are there to support the Division. She expressed appreciation to the security industry members that were successful in helping keep the Division’s Regional Offices from being closed as a result of the 4% budget reduction requested by the Legislature in fiscal year 2007-2008.

Mr. O’Rourke asked what the Division staff total is at this time. Ms. Crawford replied that the Division has 142 full-time employees. Mr. O’Rourke said that to put that into perspective it should be noted that the Division currently licenses over 600,000 licensees. He also noted, however, that industry members do have legitimate concerns regarding the impact of the Division’s workload.

Ms. Lamarche provided some history about the 2007-2008 budget reduction and the possibility of closing most of the Regional Offices. He explained how devastating it would have been to the industry. He explained that through the efforts of industry members and industry associations they were able to help convince the legislature how the office closings would detrimentally impact the level of service to the 493 industries.

Mr. Lamarche asked what PIRSAC could do to help the Division obtain the 24 positions and protect the trust fund money. He asked if a motion by the Council to present a letter outlining the Council’s encouragement and support to obtain the needed positions and leave the trust fund money alone would be helpful. Ms. Crawford responded that in its advisory capacity, PIRSAC could write a letter explaining its recommended advisory position. Further discussion was held and it was suggested that industry associations submit letters to their legislators.

Mr. Miller suggested that a motion be made.

MOTION by Ms. Schmitt: PIRSAC Council Chairman provide a letter to the Commissioner supporting the request of the Division of Licensing add additional personnel to help facilitate processing the applications for the industry and improve the process and the response service back to licensees.

Second: Mr. Miller

Motion approved unanimously.

Attendee Ben Poitevent asked Ms. Crawford to comment on the Division of Licensing Trust Fund, specifically whether there had been any indication from the Legislature whether the trust funds would be used to fund other state needs. Ms. Crawford reported that she had not heard anything about money being taken from the Trust Fund by the Legislature. Ms. Crawford explained the Legislature is just starting its interim committee reports. Mr. Lamarche asked Ms. Crawford to advise the Council members if she hears anything about trust funds. Ms. Crawford responded she would keep the Council informed.

Old Business:

Mr. Lamarche requested that the Division try to provide an agenda/synopsis on the topics that will be discussed at the upcoming PIRSAC meetings several weeks prior to the scheduled meeting.

Mr. Lamarche stated that both the Private Investigation and Recovery Industries have requested authority to have online training as an option for how the statutorily required training could be given. He stated the Security Industry would also like to have the authority to offer online training, recognizing that law enforcement agencies, sheriff’s offices, etc., are all now utilizing online training. He stated he would like to see a motion from the Council for the option of online training to be added in the statute in the 2010 legislative session and asked the Division to appoint a training committee to come up with a basic outline for the proposed online training, specifying which portions could be done online.

Ms. Schmitt stated the training committee would work to clean up the 40 hours of training, looking at it as a whole.

Mr. Lamarche said the training committee would also develop safeguards to assure the integrity of the training: for example, the testing would have to be taken in the presence of an instructor.

Additional discussion was held about the possibility of public meetings to update and restructure the 40-hour course for security officers.

MOTION by Ms. Schmitt: PIRSAC asks the Division of Licensing to consider including in 2010’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 and by PIRSAC.

Second: Kelli Moore

Motion approved unanimously.

Doc Roberts asked various questions about the online training. Mr. Lamarche explained how the Recovery Agent and Private Investigator Intern online training received approval. Mr. Lamarche stated the security industry would like to have the same authority. Mr. Lamarche explained the Council is strictly trying to get legislative authority to get the concept included into legislation.

Doc Roberts asked about “K” Instructor licensing in which the State needed to make a ruling about recognizing specific training, i.e., law enforcement training. Mr. Lamarche explained the Division of Licensing has recognized NRA police certification as being acceptable to be a “K” Instructor but they were not recognizing CJSTC Firearms Instructor’s course – the Division has since reviewed that and now accepts the CJSTC course as well as the NRA police course. Discussion was held on where the courses are offered throughout the State.

Ms. Schmitt said once an individual had become a licensed Class “K” Firearms Instructor with the Division of Licensing, the individual never has to renew his or her license. Ms. Crawford explained the Class “K” license is required to renew his or her license but that there is no requirement for additional training or requalification. Ms. Schmitt said even to keep one’s NRA certification current, the individual must go through the 40 hours of additional training. She stated that there should be a requirement for the Class “K” licensee to prove he or she has current certification in the area used to first qualify for the license. Mr. O’Rourke said essentially what is being talked about is continuing education. Prior to renewal several years down the road, the Division could say to the renewal applicant, “show us that you are in good standing with CJSTC or NRA training.” He stated this training is conducted every 4 years. Mr. Lamarche stated this has been discussed at previous meetings. He further stated it would be an additional workload for the Division and the budgetary concerns have overshadowed the realities of this as far as moving forward with it.

Doc Roberts asked why it is more difficult for an Instructor to go out-of-state to provide training and it is not as difficult for a Class “K” Instructor. Mr. Lamarche explained that if one provides training out-of-state, the individual would then fall under the jurisdiction of the other state’s regulations and laws: Florida’s licenses do not carry over to another state. He stated that, typically, the training for an individual to become a firearms instructor is more universally recognized. Mr. O’Rourke agreed with Mr. Lamarche’s statement regarding firearms training and stated that there is a mechanism for the “DS” facilities where the school contact sends a formal letter requesting approval to provide offsite training, providing the venue size and a legitimate reason for the request; he stated he has never had a problem with this procedure.

New Business

John Zurenda discussed attending legislative committee meetings instead of sending letters in support of the Division of Licensing’s budget. He suggested that the Board of Directors of FALI attend meetings during the second week of session and meet the legislators face-to-face. Mr. Lamarche said he would support that and encourage all of the associations to do that as much as possible but he believes that letters and e-mails do get attention.

Mr. O’Rourke said that 142 full-time employees versus 600,000 licensees is a huge task for anybody. He explained that renewal notices are not being processed timely so employees can’t work, and that this is a real problem. He asked what is he supposed to tell his employees? Attendee K.C. Poulin agreed. He stated it is actually faster to apply for a temporary Class “G” license than to get a renewal through the process. Mr. Lamarche asked if it would speed up the process if Class “G” renewal applicants were to send their renewal applications by registered mail, return receipt requested. Ms. Crawford explained that all Division mail goes to a P.O. Box. She further stated that Chapter 493 is very specific and says an individual cannot work with an expired license. Furthermore, with regard to a Class “G” licensee, it is mandatory that the individual receive 4 hours of recertification every year of his or her licensure period, and that frequently proof of the annual requalification is not submitted with the renewal application. Discussion continued. Ms. Crawford said the Division is mailing the renewal application notices 110 days in advance, and suggested that the Division could mail them even further in advance. Ms. Moore suggested that the employers tell their employees to send in their renewal applications immediately – not to wait until the last minute. Mr. O’Rourke and William LaDrew continued this discussion. Mr. Poulin asked about placing an alert to the agencies in the next Newsletter. Rene Pedrayes asked if the Division could put an alert on the renewal notice 110-130 days out. Ms. Crawford said the renewal notice verbiage had been recently modified but that the Division may need to further extend the notification time.

Election of Chairman and Vice Chairman

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

Mr. Miller seconded.

Nomination approved unanimously.

Mr. Miller nominated Tim O’Rourke for Vice Chairman. Mr. Larmache asked if there are any other nominations for Vice Chairman. None were made.

Ms. Schmitt seconded.

Nomination approved unanimously.

Comments by Industry Associations

Private Investigation – John Zurenda, President of the Florida Association of Licensed Investigators (FALI) announced a combined annual training conference for FASCO and FALI. The conference is scheduled to be held May 21-24, 2009. Mr. Zurenda then recognized Bert Hodge, National Director for the National Association of Legal Investigators (NALI) who will be at this conference. Ms. Crawford was extended an invitation to be a guest speaker at the conference.

Recovery – Mr. LaDrew introduced Jamie Blackburn who represents (FLACARS). Mr. LaDrew said he would like to point out that the Presidents Council is a great personal undertaking, and he thinks they should write the letters in support of the Division’s needs. The Presidents Council is made up of all the individual associations that are regulated under Chapter 493, and he believes that it would show a unity if the Presidents Council wrote the letters.

Security – Mr. Lamarche commended K.C. Poulin for his help and support with FASCO. He stated that Mr. Poulin has a great enthusiasm and tremendous ideas, and has provided resources to help build the association. Mr. Lamarche recognized Michelle, a member of Mr. Poulin’s staff and thanked her for all her help. He stated that Mr. Poulin’s focus is to unite the industries through the Presidents Council. Mr. Lamarche personally thanked Mr. Poulin for everything he is doing for the industry through FASCO. Mr. Poulin thanked Mr. Lamarche and encouraged everyone to attend the joint conference.

Mr. Lamarche commended John Russi, April Howard, and Celine Melton for being behind the success of the Division of Licensing and especially the PIRSAC Council. He commended April on her promotion within the Division.

Ms. Schmitt stated that she encourages people to come to the PIRSAC meetings where the industry is allowed to have a say in what happens. She commended Mr. Russi on his leadership in putting the Council in the right direction and commended Ms. Crawford’s leadership and support since she has come on board.

Mr. Lamarche stated that when he first became a Council member, Ben Poitevent was the legal counsel for the Division of Licensing. He commended and thanked Mr. Poitevent for his depth of knowledge in assisting the associations.

Determination Regarding Next Meeting Locations

Mr. Lamarche asked if possible that the December meeting be held in Tallahassee on a regular basis so that Mr. Russi could attend, if his schedule permits, and be a part of the presentation of the John M. Russi Award.

The Council approved meeting locations for 2009 in the following cities:

March – Tampa
June – Orlando
September – Ft. Lauderdale
December – Tallahassee

Meeting adjourned.