[ Kuty & Associates ]
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New Legislation and Rules Affecting the Industry

Legislature has passed HB0-7209 which affects all A and B licensed agencies, as well as schools.  In essence, HB-7209 states that individuals seeking a Class D (Security License) or a Class CC (Private Investigator Intern License), after January 1, 2012, must submit the "complete" 40 hours of training prior to a license being issued. While an applicant has always been able to put new licensees to work with just the first 24 hours, this will no longer be the case. Security Officers will only be issued a blue card by the DOL upon showing proof of the full 40 hours and will receive the permanent card in the mail.

The DOL also has implemented a new Promulgated Administrative Rule that many agency owners and managers still do not know concerning Class "G" licensees: Rule: 5N-1.130—which I would encourage all to review by following this link. These changes went into effect June 16, 2011 and offers a more defined example of when and where Class "G" officers can carry their firearm. This new rule also addresses the Class G as it relates to supervisors and managers.

Finally, The Council of Presidents,  FASCO , FALI and FLACARS have resubmitted a bill to the Legislature that addresses three areas of concern.  The first addresses unlicensed activity and will make it a misdemeanor on the first offense and a 3rd degree felony on the second offense if one is caught providing unlicensed services.  The second offence also carries a $10,000.00 fine.   The final part of this bill makes it illegal to impersonate a licensee and it gives armed security personnel temporary detention authority on critical infrastructure.  This link will provide you with a copy of the bill and the proposed language.

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