HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1307 Department of Agriculture and Consumer Services
SPONSOR(S): Criminal Justice Subcommittee, McClure
TIED BILLS: IDEN./SIM. BILLS: SB 1150
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 11 Y, 0 N Thompson Anstead
Subcommittee
2) Criminal Justice Subcommittee 16 Y, 0 N, As CS Padgett Hall
3) Commerce Committee 16 Y, 0 N Thompson Hamon
SUMMARY ANALYSIS
The Division of Licensing (DOL) within the Department of Agriculture and Consumer Services (DACS)
administers Florida's concealed weapon licensing program and oversees Florida's private investigative, private
security, and recovery services industries. The Division of Consumer Services (DCS) within DACS regulates
various businesses, such as charitable organizations and telemarketers, and protects consumers and
businesses from unfair and unsafe business practices across a wide range of industries, including gasoline,
liquefied petroleum (LP) gas, and weighing and measuring devices.
The bill streamlines licensure requirements and reduces fees related to the private investigative, private
security, and recovery services industries; relaxes certain registration fee requirements for charitable
organizations; revises services that certain LP gas licensees are authorized to conduct; and provides criminal
penalties for retail fuel theft violations. In part, the bill:
Allows former military firearms instructors to use their experience in the military to satisfy a firearm
training requirement when applying for a Class “K” Firearms Instructor License.
Allows Class “K” Firearms Instructor teaching experience to replace the license renewal training.
Allows DACS to waive the annual firearms training for Class “G” Statewide Firearm Licensees who
provide proof of annual training under the federal Law Enforcement Officers’ Safety Act.
Gives DACS more flexibility when charging late fees for renewal applications.
Allows DACS to publish the private investigative, private security, and recovery industry newsletters
and pamphlets online.
Authorizes electronic verification, instead of verification under oath, for certain recovery agent and
security guard applications for licensure.
Relaxes annual registration fees for charitable organizations that are not in higher revenue categories.
Expands the types of services that licensed Category I LP Gas Dealers and Category V LP Gas
Dealers may provide to include the “design” of LP gas equipment.
Creates provisions that address retail fuel theft and tampering with gas pumps, including prohibitions,
seizure and forfeiture requirements, and criminal penalties.
The bill may have an insignificant fiscal impact on state government from reduced expenditures and potential
increases in revenues. The bill is not expected to have a fiscal impact on local governments.
The effective date of the bill is July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1307e.COM
DATE: 4/18/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Division of Licensing
The Division of Licensing (DOL) within the Department of Agriculture and Consumer Services (DACS)
administers Florida's concealed weapon licensing program 1 and oversees Florida's private
investigative, private security, and recovery services industries.2 The DOL’s regulatory oversight of
those services includes licensing, enforcing compliance standards, and ensuring public protection from
unethical business practices and unlicensed activity. 3
Private Investigative and Security Services
Currently, the DOL offers 22 different types of private investigative, private security, and recovery
services licenses and four different types of concealed weapon or firearm licenses. As of February 28,
2023, the DOL had issued a total of 169,758 private investigative, private security, and recovery
services licenses and 2,459,530 concealed weapon permits, to qualified applicants. The following chart
provides a breakdown of the total number of each license type. 4
License Type License Title Total
C Private Investigators 7,240
CC Private Investigator Interns 1,496
A Private Investigative Agencies 2,721
AA Private Investigative Agency Branch Offices 22
MA Private Investigative Agency Managers 86
M Private Investigative/Security Agency 475
Managers
D Security Officers 144,151
B Security Agencies 2,064
BB Security Agency Branch Offices 184
MB Security Managers 1,551
AB Security Agency/Private Investigative Agency 19
Branch Offices
DS Security Officer Schools 427
DI Security Officer Instructors 1,874
G Statewide Firearm Licenses 27,363
K Firearms Instructors 676
E Recovery Agents 786
EE Recovery Agent Interns 327
R Recovery Agencies 296
RR Recovery Agency Branch Offices 31
MR Recovery Agency Managers 3
RS Recovery Agent Schools 6
RI Recovery Agent Instructors 8
Subtotal of Private Investigative, Private Security, and Recovery Services 191,806
Licenses
W Concealed Weapon or Firearm 2,645,444
WJ Concealed Weapon or Firearm/Circuit and 827
1 S. 790.06, F.S.
2 Ch. 493, F.S.
3 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of Agriculture
and Consumer Services Licensing, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=4101 (last visited Mar.
16, 2023).
4 The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,
https://www.fdacs.gov/Divisions -Offices/Licensing/Statistical-Reports (last visited Mar. 16, 2023).
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County Judges
WR Concealed Weapon or Firearm/Retired Law 13,680
Enforcement and Correctional Officers
WS Concealed Weapon or Firearm/Consular 10
Security Official
Subtotal of Concealed Weapon Licenses 2,659,961
Total Number of Licenses 2,851,767
Class “G” Statewide Firearm License
A Class “G” Statewide Firearm License is a supplemental license that permits specific licensees to
carry a firearm during the course of their licensed, employment-related activity. A Class “G” Statewide
Firearm License is available only to individuals who currently hold one of the following licenses:5
Private investigator (Class “C”);
Private investigator intern (Class “CC”);
Security officer (Class “D”);
Private investigative or security agency manager (Class “M”);
Private investigative agency manager (Class “MA”); or
Security agency manager (Class “MB”).
Class “G” Statewide Firearm License Application and Training Requirements
An initial applicant for a Class “G” Statewide Firearm License must complete firearm training, which
must include at least 28 hours of range and classroom training either by in-person instruction, or via live
instruction through a secure website, with no more than eight hours consisting of in-person range
training, which must include safe handling and storage of firearms. The training must be administered
and taught by a Class “K” Firearms Instructor Licensee who verifies the identity and attendance of the
applicant.6
The Class “G” Statewide Firearm License applicant must submit a training certificate to DACS upon
completion of the training. Additionally, the Class “K” Firearms Instructor Licensee who provides the
training must submit results directly to the DOL and provide a copy of the training results to the
trainee.7 An applicant who was discharged from service as a military officer within the last 12 months,
and who has completed specific military courses is deemed to have completed a substantially similar
training, and is exempt from the 28 hours of range and classroom training required for an initial Class
“G” Statewide Firearm License.8
The “Class G” Statewide Firearm License must be renewed every two years.9 Class “G” Statewide
Firearm Licensees must annually complete four hours of firearms requalification training for each
caliber of firearm that he or she carries in the course of his or her duties.10 DACS is authorized to waive
the firearms training requirement if:11
The applicant provides proof showing he or she is currently certified as a law enforcement
officer or correctional officer under the Criminal Justice Standards and Training Commission
and has completed law enforcement firearms requalification training annually during the
previous two years of the licensure period;
The applicant provides proof that he or she is currently certified as a federal law enforcement
officer and has received law enforcement firearms training administered by a federal law
enforcement agency annually during the previous two years of the licensure period; or
5 S. 493.6115(2), F.S.
6 S. 493.6105(5), F.S. See also R. 5N-1.132(1)(a), F.A.C.
7 Id.
8 R. 5N-1.119, F.A.C.
9 S. 493.6113(1), F.S.
10 S. 493.6113(3)(b ), F.S.
11 Id.
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The applicant submits one of the valid firearm certificates required for a Class “K” Firearms
Instructor initial license and provides proof of having completed requalification training during
the previous two years of the licensure period.
Class “K” Firearms Instructor License Application and Training Requirements
Class “K” Firearms Instructor Licensees provide classroom or range instruction to applicants for a Class
“G” Statewide Firearm License.12 Applicants for an initial Class “K” Firearms Instructor License must
submit one of the following certificates to demonstrate continued firearms qualifications:13
The Florida Criminal Justice Standards and Training Commission Instructor Certificate and
written confirmation by the commission that the applicant possesses an active firearms
certificate.
A valid National Rifle Association Private Security Firearm Instructor Certificate issued not more
than three years before the submission of the application.
A valid firearms instructor certificate issued by a federal law enforcement agency issued not
more than three years before the submission of the application.
The initial applicant must also pay the fee and pass an examination administered by DACS.14
Class “K” Firearms Instructor Licensees must renew their license every three years 15 and submit one of
the firearms qualification certificates, required for initial licensure, as proof that he or she remains
certified to provide firearms instruction.16 A Class “K” Firearms Instructor Licensee who fails to file a
renewal application on or before its expiration must renew the license by fulfilling all renewal application
requirements and pay a late fee equal to the amount of the Class “K” Firearms Instructor fee.17
License Renewal Late Fee
Failure of a private investigative, private security, or recovery services licensee to renew a license on or
before its expiration requires the licensee to:
Renew his or her license by fulfilling the applicable renewal requirements; and
Pay a late fee equal to the amount of the license fee.18
Recovery Agent and Security Officer School or Training Facility
Any school, training facility, or instructor who offers training for Class “E” Recovery Agents, Class “EE”
Recovery Agent Interns, or Class “D” Security Officers, must file an application containing certain
information with DACS along with an application fee of up to $60. The application must be signed and
verified by the applicant “under oath” as provided in s. 92.525, F.S., which authorizes documents to be
verified in the following three ways:
Under oath or affirmation taken or administered before a judge, clerk or deputy clerk of court, or
any notary public;
Under oath or affirmation taken or administered by law enforcement officer, correctional officer,
or traffic officer by electronic means or in the physical presence of the affiant; or
By signing a written declaration.19
However, since the law specifies that applications must be verified “under oath,” the law does not allow
for electronic verification of applications.
12 Ss. 493.6101(14) and 493.6115(7), F.S.
13 S. 493.6105(6)(a), F.S.
14 S. 493.6105(6)(b ), F.S.
15 S. 493.6113(1), F.S.
16 S. 493.6113(3)(d ), F.S.
17 S. 493.6113(4), F.S.
18 S. 493.6113(4), F.S.
19 S. 493.6304(2) and 493.6406(2), F.S.
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Publication to the Industry
DACS is authorized to periodically publish newsletters and pamphlets advising private investigative,
private security, and recovery services licensees of certain information that is of interest to the industry
as well as the legal authority, rights, and obligations for various classes of licensure. The newsletter
also contains administrative complaints against licensed or unlicensed persons or agencies. The
newsletter must be published between two to four times annually, while the pamphlet must be updated
every two years as necessary.20
Division of Consumer Services
The Division of Consumer Services (DCS) within DACS is the state’s clearinghouse for consumer
complaints, information and protection. The DCS regulates various businesses, such as charitable
organizations and telemarketers. In addition, the DCS protects consumers and businesses from unfair
and unsafe business practices across a wide range of industries, including antifreeze, brake fluid,
gasoline, liquefied petroleum (LP) gas, pesticides, water vending machines, and weighing and
measuring devices.21
Charitable Organization Fees
Organizations that intend to solicit donations in Florida are required to register with DACS pursuant to
the Solicitation of Contributions Act (Act).22 The Act contains basic registration, financial disclosures,
and notification requirements for charitable organizations and sponsors, fundraising consultants, and
solicitors. Every charitable organization, sponsor, 23 or parent organization24 must pay a single
registration fee as follows:25
Ten dollars if the contributions:
o Received for the last fiscal year were less than $5,000; or
o Actually raised or received from the public during the immediately preceding fiscal year
are no more than $25,000 and the fundraising activities are carried on by certain entities
who are not compensated.
Seventy-five dollars if the contributions received for the last fiscal year were $5,000 or more, but
less than $100,000.
One hundred twenty-five dollars if the contributions received for the last fiscal