(1) Hire and Termination of Employee(s).

Terms Used In Florida Regulations 5N-1.142

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    (a) Within 15 days of hire or termination of any employee who has applied for or holds a license regulated under Florida Statutes Chapter 493, each agency shall make notification to the department providing the information herein.
    (b) Notification shall be made electronically through submission of an Employee Action Report using the division’s licensing information and alert system portal located at the following website address: https://licensing.fdacs.gov/EAR/earlogin.aspx.
    (c) Upon the hire of an employee, an agency must submit the employee’s license number and hire date.
    (d) Upon the termination of an employee, an agency must submit the employee’s license number, agency contact name and phone number, date of termination (or resignation), cause for termination, and county where incident occurred, if applicable. The county where the incident occurred is required if a violation of Florida Statutes Chapter 493 was the basis for termination.
    (e) In the event an agency is reporting the hire or termination of an employee who has submitted an application, in addition to paragraphs (1)(c) and (d), the agency must also submit the individual’s name, social security number and temporary license type.
    (f) Sections 493.6105, 493.6304, and 493.6406, Florida Statutes (F.S.), in conjunction with Section 119.071(5)(a)2., F.S., mandate that the Department of Agriculture and Consumer Services, Division of Licensing, obtain Social Security numbers from applicants. Applicant Social Security numbers are maintained and used by the Division of Licensing for identification purposes, to prevent misidentification, and to facilitate the approval process by the division. The Department of Agriculture and Consumer Services, Division of Licensing, will not disclose an applicant’s Social Security number without consent of the applicant to anyone outside of the Department of Agriculture and Consumer Services, Division of Licensing, or as required by law. [See Florida Statutes Chapter 119, 15 U.S.C. ss. 1681 et seq., 15 U.S.C. ss. 6801 et seq., 18 U.S.C. ss. 2721 et seq., Pub. L. No. 107-56 (USA Patriot Act of 2001), and Presidential Executive Order 13224.]
    (2) Change in Partner, Corporate Officer, or LLC Member.
In the event a licensed agency changes a partner, corporate officer, or LLC member, an agency shall, within 5 working days, submit:
    (a) FDACS-16055 Change in Partner, Corporate Officer, or LLC Member, (05/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09884, or from the Division of Licensing at the addresses listed in Fl. Admin. Code R. 5N-1.100 of this chapter.
    (b) In addition to FDACS-16055, one of the following documents must accompany the application:
    1. A copy of the minutes from the meeting of the corporation‘s board of directors at which such change took affect;
    2. A notarized letter of resignation of previous officer; or
    3. Amended Articles of Incorporation filed with the Department of State.
    (3) Firearm Discharge Reporting.
Whenever a Class “”G”” licensee discharges her or his firearm in the course of her or his duties, the Class “”G”” licensee and the agency by which she or he is employed shall:
    (a) Within 5 working days, submit to the department a completed FDACS – 16001 Firearm Incident Report, (eff. 4/93), as incorporated in Rule 5N-1.100, F.A. C.
    (b) The report must include an explanation describing the nature of the incident, the necessity for using the firearm, the name, phone number, and address of any witnesses if applicable, and a copy of any report prepared by a law enforcement agency.
    (c) The department may revoke or suspend the Class “”G”” licensee’s license and the licensed agency’s license if this requirement is not met.
    (4) Training Reporting Requirements.
    (a) A Class “”K”” license instructor engaged in teaching, must register an account online via the Licensing Information and Alert System (LIAS) available on the department’s website https://licensing.fdacs.gov/lias/login.aspx, to report class completion of any portion taught by the Class “”K”” instructor, provide the division necessary information regarding a student’s eligibility for a Class “”G”” firearms license and to generate Certificates of Firearms Proficiency for Statewide Firearm License, on Form FDACS-16005, revised 01/23. The information required in this electronic reporting system is provided in the Training Reporting for Class “”K”” Instructors, Form FDACS-P-02189, effective 03/23, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-15450, and available on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. This form is provided for informational purposes only.
    (b) Within 3 business days, a Class “”K”” instructor must electronically report to the Division of Licensing via their required LIAS account:
    1. Any student who successfully completes any portion of the initial firearms qualification, consisting of both the in-person range and the classroom training (in person or online),
    2. Any student who successfully completes annual requalification training.
    3. Any student who successfully completes additional training for each type and caliber of approved firearm.
    4. Any student who fails to satisfactorily complete any portion of prescribed training or testing.
    (c) A school or training facility engaged in training, must register an account online via the Licesing Information and Alert System (LIAS) available on the department’s website https://licensing.fdacs.gov/lias/login.aspx, to report all students who successfully complete training, testing, and generate a Certificate of Security Officer Training form FDACS-16103, effective 01/23. The information required in this electronic reporting system is provided in the Training Reporting for Class “”DS”” Schools, Form FDACS-P-02188, effective 03/23, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-15451, and available on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. This form is provided for informational purposes only.
    (d) Within 3 business days, a Class “”DS”” school or training facility must electronically report to the Division of Licensing via their required LIAS account any student who successfully completes classroom training in person or online.
Rulemaking Authority 493.6103 FS. Law Implemented 493.6105, 493.6112, 493.6118, 493.6115(9), 493.6303(4) FS. History-New 10-10-18, Amended 7-19-23.