SB597: Bill Text

SB597,13,14 440.26 (6) (a) (intro.) Subject to the rules adopted under s. 440.03 (1), the de partment may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has been done any of the following:

SB597,13,17 1. Been convicted of a crime misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss. 111.321, 111.322 and 111.335, or has engaged.

SB597,13,19 2. Engaged in conduct reflecting adversely on his or her professional qualifica tion, or has made.

SB597,13,21 3. Made a false statement in connection with any application for a license or permit under this section.

SB597, s. 29 Section 29. 440.26 (6) (a) 4. of the statutes is created to read:

SB597,13,24 440.26 (6) (a) 4. Violated this section or any rule promulgated or order issued under this section.

SB597, s. 30 Section 30. 440.26 (6) (b) of the statutes is created to read:

SB597,14,3 440.26 (6) (b) Subject to the rules promulgated under s. 440.03 (1), the depart ment shall revoke the license or permit of any person who has been convicted of a felony and who has not been pardoned.

SB597, s. 31 Section 31. 440.26 (7) (title) of the statutes is repealed.

SB597, s. 32 Section 32. 440.26 (7) (a) of the statutes is renumbered 440.26 (5) (a) and amended to read:

SB597,14,14 440.26 (5) (a) "Private detective" does not include The requirement that a per son acting as a private detective, investigator or special investigator be licensed un der this section does not apply to attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attor neys whose work as private detective is limited to such attorney or firm or to persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section.

SB597, s. 33 Section 33. 440.26 (7m) of the statutes is created to read:

SB597,14,18 440.26 (7m) Identification card. (a) The department shall issue an identifica tion card to every individual who is issued a private detective license or a private se curity permit under this subchapter.

SB597,14,19 (b) An identification card issued under par. (a) shall contain all of the following:

SB597,14,20 1. The individual's name.

SB597,14,22 2. Identification information of the individual, including height, weight and hair and eye color.

SB597,14,23 3. A recent photograph of the individual.

SB597,14,24 4. The signature of the individual.

SB597,15,2 5. The name and license number of the private detective agency employing the individual, if applicable.

SB597,15,3 6. The number of the identification card.

SB597,15,6 (c) An individual who terminates his or her employment with a private detec tive agency shall notify the department and return his or her identification card to the department for updating and reissuance.

SB597,15,8 (d) The department may charge a fee for issuing an identification card under this subsection.

SB597,15,10 (e) The department may promulgate any rules necessary to administer this subsection.

SB597, s. 34 Section 34. 440.26 (8) of the statutes is amended to read:

SB597,15,22 440.26 (8) Penalties. Any person, acting as a private alarm contractor, lock smith, armored transport service, private detective, investigator or private security person, or who employs any person who solicits, advertises or performs services in this state as a private alarm contractor, locksmith, armored transport service, pri vate detective or private security person, or investigator or special investigator, with out having procured the license or permit required by this section, may be fined not less than $100 nor more than $500 or imprisoned not less than 3 months nor more than 6 months or both. Any agency having an employe, owner, officer or agent con victed of the above offense may have its agency license revoked or suspended by the department. Any person convicted of the above offense shall be ineligible for a license for one year.

SB597, s. 35 Section 35. 940.34 (2) (c) 1. of the statutes is amended to read:

SB597,16,3 940.34 (2) (c) 1. In this paragraph, "unlicensed private security person" means a private security person, as defined in s. 440.26 (1m) (d), who is exempt from the permit and licensure requirements of s. 440.26.

SB597, s. 36 Section 36. 941.237 (1) (em) of the statutes is amended to read:

SB597,16,6 941.237 (1) (em) "Private security person" has the meaning given in s. 440.26 (1m) (d).

SB597, s. 37 Section 37. Nonstatutory provisions.

SB597,16,16 (1) No later than the first day of the 2nd month beginning after the effective date of this subsection, the chiefs of police or other designated officials who issued private security permits shall transfer to the department of regulation and licensing copies of all records pertaining to applications for or issuance of private security per mits. Permits issued by chiefs of police or other designated officials prior to the effec tive date of this subsection shall be treated as if they were issued by the department of regulation and licensing on the effective date of this subsection. Any permit re vocation proceeding pending on the effective date of this subsection is transferred to the department of regulation and licensing on the effective date of this subsection.

SB597, s. 38 Section 38. Initial applicability.

SB597,16,21 (1)  The treatment of section 440.26 (2) (a) 1. and 2. and (c), (5) and (5m) of the statutes first applies to applications for an initial license or permit under section 440.26 of the statutes that are received on the effective date of this subsection by the department of regulation and licensing.

SB597,16,24 (2)  The treatment of section 440.26 (4g) of the statutes first applies to a person who is offered employment or management authority on the effective date of this sub section.

SB597,17,3 (3)  The treatment of section 440.26 (4r) of the statutes first applies to judge ments of conviction or judgements finding that a person committed a violation of law that are entered on the effective date of this subsection.

SB597,17,6 (4)  The treatment of section 440.26 (6) (b) of the statutes first applies to a per son holding a license or permit under section 440.26 of the statutes who is convicted of a felony on the effective date of this subsection.

SB597,17,7 (End)