Florida Private Investigator Handbook
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Questions and Answers

What is the minimum age required to apply for a license?

  • 18 years (correct)
  • 21 years
  • 16 years
  • 25 years

Which of the following is NOT a requirement for obtaining a license?

  • Being a U.S. citizen or legal resident
  • No history of mental illness
  • Having a college degree (correct)
  • Good moral character

What must a non-U.S. citizen provide when applying for a license?

  • Proof of employment authorization (correct)
  • Proof of citizenship
  • A letter of recommendation
  • Proof of residency

What document must be submitted as part of the application process?

<p>Full-face color photograph (C)</p> Signup and view all the answers

What happens to an applicant’s criminal history during the application process?

<p>A criminal history record check is performed. (C)</p> Signup and view all the answers

Which of the following is NOT required in the application statement regarding criminal convictions?

<p>Pending charges (D)</p> Signup and view all the answers

An applicant who has a history of illegal drug use may still be eligible if they provide what?

<p>Evidence of successful rehabilitation (B)</p> Signup and view all the answers

What is required for a Class 'CC' Private Investigator Intern license?

<p>Sponsorship by a Class 'C', 'M', or 'MA' licensee (C)</p> Signup and view all the answers

What is the maximum number of firearms a Class “C” or Class “CC” licensee may carry while performing authorized duties?

<p>Two (A)</p> Signup and view all the answers

Which type of ammunition is prohibited for use by licensed employees?

<p>Glaser-type bullets (C)</p> Signup and view all the answers

What is required for a Class “G” licensee to carry a concealed firearm?

<p>Approval from the employer for armed duty assignment (B)</p> Signup and view all the answers

What type of firearm is NOT authorized for a Class “C” licensee to carry?

<p>.40 caliber semiautomatic pistol (D)</p> Signup and view all the answers

Who is eligible to apply for a Class “G” Statewide Firearm License?

<p>Individuals aged 21 or older with the required training (A)</p> Signup and view all the answers

Which of the following statements best describes the training requirements for a Class “G” license?

<p>Twenty-eight hours of range and classroom training is required (A)</p> Signup and view all the answers

Can a Class “C” licensee carry a concealed firearm obtained through a concealed weapon license while performing duties?

<p>No, it is not permitted (B)</p> Signup and view all the answers

Is open-carry of a firearm permitted for Class “C” and Class “CC” licensees?

<p>No, it is not permitted at any time (A)</p> Signup and view all the answers

What is the requirement for a Private Investigator Intern with a Class 'CC' license?

<p>Must work under the direction of a Class 'C' licensee or Class 'M' or 'MA' Agency Manager. (B)</p> Signup and view all the answers

Which of the following statements about Class 'A' licenses is incorrect?

<p>Class 'A' licenses are valid for two locations. (D)</p> Signup and view all the answers

What is the validity period for most licenses mentioned?

<p>2 years (A)</p> Signup and view all the answers

What is a requirement for Class 'M' or 'MA' Agency Managers?

<p>They must have a Class 'M' or 'MA' license. (C)</p> Signup and view all the answers

What must agencies do if there are changes in officers or ownership?

<p>Notify the Division of Licensing. (C)</p> Signup and view all the answers

Which of the following is true about the Class 'AA' license?

<p>Each branch office of a Class 'A' agency must have a Class 'AA' license. (D)</p> Signup and view all the answers

Which type of investigator cannot subcontract their services?

<p>Class 'CC' Private Investigator Intern (A), Class 'M' Agency Manager (B)</p> Signup and view all the answers

What happens if an agency does not report changes in its information?

<p>The agency license may be found in violation. (D)</p> Signup and view all the answers

How long must records be maintained in Florida at the principal place of business of the licensee?

<p>2 years (D)</p> Signup and view all the answers

What action may the division take when it finds violations of Chapter 493?

<p>Place a licensee on probation or suspend a license (C)</p> Signup and view all the answers

What is the consequence for a person convicted of a violation of Chapter 493?

<p>Ineligible for licensure for 5 years (C)</p> Signup and view all the answers

What is the maximum administrative fine imposed by the division per count of violation under Chapter 493?

<p>$1,000 (C)</p> Signup and view all the answers

What is a potential penalty for violating a cease and desist order issued by the department?

<p>A misdemeanor of the first degree (B)</p> Signup and view all the answers

If a license is revoked, who is subject to a three-year suspension of their personal licenses or approvals?

<p>An owner, officer, partner, or manager of the licensed agency or training facility (D)</p> Signup and view all the answers

What authority does the division have regarding compliance with the law?

<p>Subpoena any person or records (A)</p> Signup and view all the answers

Which offense is classified as a misdemeanor of the first degree under Chapter 493?

<p>Failure to provide access to an investigator (D)</p> Signup and view all the answers

Which of the following types of licensee information is confidential and exempt from public record provisions?

<p>Class E licensee information (B)</p> Signup and view all the answers

When can the department provide the residence address of a licensee to law enforcement agencies?

<p>If it is maintained by the department (C)</p> Signup and view all the answers

Under what condition may a licensee divulge investigative information acquired during their activity?

<p>When the client alleges a violation by the licensee (C)</p> Signup and view all the answers

What must a licensee include in a written denial of access to an investigative file?

<p>That the client has denied permission to grant access (C)</p> Signup and view all the answers

What identification is required while on the job for identification purposes?

<p>Agency identification card and Class “C” or “CC” license (C)</p> Signup and view all the answers

Which of the following statements is true regarding business and operational records?

<p>They can be accessed by authorized representatives during investigations (D)</p> Signup and view all the answers

What is prohibited regarding the display of authority symbols?

<p>Exhibition of any badge or insignia not authorized (A)</p> Signup and view all the answers

Which of the following terms is prohibited for non-official persons to use?

<p>Sheriff (D)</p> Signup and view all the answers

What happens if a licensee denies access to an investigative file?

<p>They have to provide the reason within two working days (C)</p> Signup and view all the answers

Which agency is responsible for regulating the private investigative industry?

<p>Division of Licensing of the Department of Agriculture and Consumer Services (A)</p> Signup and view all the answers

What is the confidentiality status of a residence address when it appears as a business address?

<p>It becomes public record (A)</p> Signup and view all the answers

What authority does the Department of Agriculture and Consumer Services have regarding investigations?

<p>To investigate suspected violations irrespective of location (C)</p> Signup and view all the answers

Which of the following actions is NOT allowed for a licensee regarding client information?

<p>Releasing information without consent (A)</p> Signup and view all the answers

What is required of individuals during an investigation by the division?

<p>Truthfully respond to questions and provide records upon request (B)</p> Signup and view all the answers

What power does the department have in addressing violations of Chapter 493?

<p>To investigate on its own initiative or upon complaint (D)</p> Signup and view all the answers

Which of these statements is NOT a requirement during an investigation by the division?

<p>Direct communication only through legal representatives (D)</p> Signup and view all the answers

Flashcards

What types of firearms can Class "C" or "CC" licensees carry?

A Class "C" or "CC" licensee is allowed to carry certain firearms while performing their duties under Florida Statute Chapter 493.

What is the firearm carrying limit for licensees?

Licensees are limited to carrying a maximum of two firearms on their person while on duty.

What type of firearms can licensees carry regarding their training?

Licensees can only carry firearms for which they are qualified based on firearm training requirements.

Can licensees carry concealed firearms under a concealed weapon license?

Carrying a concealed firearm under a concealed weapon license is not permitted while engaging in activities regulated by Chapter 493.

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Who is allowed to carry a concealed firearm under specific conditions?

Class "C" Private Investigators, "CC" Private Investigator Interns, and "M" or "MA" Managers who are 21 years old and possess a Class "G" Statewide Firearm License can carry concealed firearms if required by their duties and approved by their employer.

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What kind of ammunition can licensed agencies provide to employees?

Licensed agencies can only provide standard (factory) ammunition that is appropriate for the location and duty requirements of armed employees, excluding specific prohibited types.

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What are the training requirements for a Class "G" Statewide Firearm License?

Applicants for a Class "G" Statewide Firearm License must complete at least 28 hours of range and classroom training within 12 months before submitting their application.

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Who provides the training for a Class "G" Statewide Firearm License?

Class "K" Firearms Instructors are responsible for providing firearms training for applicants.

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What is a Class "CC" Private Investigator Intern?

An individual who performs investigative services under the direction of a licensed Class "C" or "M" or "MA" Agency Manager licensee, but cannot subcontract.

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What is a Class "A" Private Investigative Agency?

Any company that engages in business as an investigative agency, requiring a Class "A" license for each location.

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What is a Class "AA" Branch Office License?

Each branch office of a Class "A" agency must have a separate Class "AA" license.

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What is a Class "M" or "MA" Agency Manager License?

An individual who performs the services of a manager for a Class "A" agency or Class "AA" branch office. A Class "C" licensee can be designated as a manager instead.

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Can a Class "A" agency subcontract with Class "C" or "CC" licensees?

Class "A" agencies cannot subcontract with Class "C" or "CC" licensees, but can subcontract with other Class "A" agencies.

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What happens if a Private Investigative Agency fails to report changes to the Division?

Agencies must notify the Division of any changes to officers, ownership, or location, failing to do so is a violation of Chapter 493, F.S.

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Who is required to manage the activities of Class "C" or "CC" employees?

Each agency or branch office is required to have at least one appropriately licensed individual designated as a manager, directing the activities of Class "C" or "CC" employees.

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How long are the licenses valid for?

Except for Class "A", "AA", "AB", and "K", licenses are valid for 2 years. The licensee is responsible for renewing their license on time.

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Who can apply for a Florida Private Investigator License?

A person applying for a private investigator license in Florida must be at least 18 years old, a US citizen or legal resident, or authorized to work by USCIS, have no criminal history that disqualifies them, be of good moral character, and have no history of mental illness, illegal drug use, or alcoholism unless they've completed a rehabilitation program or provided evidence of current mental competency.

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What documents are required for a Florida Private Investigator License?

Applicants for a Florida Private Investigator License must submit their name, date of birth, social security number, place of birth, a statement of all criminal convictions, a statement about mental institution commitments, a statement about drug or alcohol use history, a full-face color photograph, fingerprints, a personal inquiry waiver, and the appropriate fees.

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What is required for non-US citizens applying for a Florida PI license?

Non-US citizens applying for a Florida Private Investigator License must provide proof of employment authorization issued by the US Citizenship and Immigration Services (USCIS).

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Who can apply for a Class ‘CC’ Private Investigator Intern license?

Applicants for a Class ‘CC’ Private Investigator Intern license must be sponsored by a licensed investigator with a Class ‘C’, ‘M’, or ‘MA’ license. The sponsor must officially declare their intent to sponsor the intern.

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How is a criminal history check conducted for a Florida PI license?

The Florida Department of Law Enforcement (FDLE) and Federal Bureau of Investigation (FBI) conduct a criminal history check on potential private investigators using their fingerprints. This information helps determine if the applicant has a disqualifying criminal history.

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Who makes the final decision on disqualifying criminal history?

The Florida Division of Licensing uses the results of the criminal history check to decide if the applicant has a disqualifying criminal history and can receive a private investigator license.

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What happens when a Florida PI license is canceled or inactive?

If a private investigator's license is canceled or becomes inactive, it means that certain rights and privileges are revoked and the licensee can no longer practice as a private investigator in Florida.

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Why might a Florida PI license be canceled or inactivated?

A Private Investigator license can be canceled or inactivated if the licensee fails to meet certain requirements, such as continuing education or demonstrating their professional competence.

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Record Keeping Requirement

Keeping records for at least two years at the principal place of business is mandatory for all licensees in Florida.

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Unauthorized Symbols of Authority

Using any badge, insignia, emblem, identification card, uniform, or any imitation of these items that could mislead someone into thinking you're a law enforcement officer is illegal.

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Required Identification for Investigators

The agency identification card and Class 'C' or 'CC' license are the only acceptable forms of ID for private investigators on duty.

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Division's Enforcement Powers

In Florida, the Division of Private Investigator and Security Agency has the authority to subpoena individuals and documents, issue cease and desist orders, and seek injunctions to ensure compliance with the law.

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Employee Training Records

Licensed agencies are required to maintain detailed records of employee training and qualifications.

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Who Regulates Investigators?

The Department of Agriculture and Consumer Services regulates the private investigative industry in Florida.

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Cooperation with Investigators

Failing to comply with or provide access to an investigator from the Division is a legal violation.

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Department's Investigative Power

The Department has the power to investigate anyone suspected of violating Chapter 493 of Florida Statutes, including licensed and unlicensed individuals and agencies.

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Cooperation with Investigations

During an investigation, licensed or unlicensed individuals must provide records and truthfully answer questions.

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Disciplinary Actions

Licensees may be subject to penalties such as license denial, reprimand, fines, probation, suspension, or revocation for violating Chapter 493.

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Unlicensed Investigators and Investigations

Even if you're not licensed, you still need to comply with investigations and provide records.

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Violation Penalties

A first-degree misdemeanor is the penalty for violating most provisions of Chapter 493, excluding specific exceptions.

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Licensing Ineligibility

Individuals convicted of violating Chapter 493 are ineligible for licensure for five years.

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Reporting Changes to the Division

Agencies and individuals must notify the Department of any changes to their officers, ownership, or location.

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Cease and Desist Order Violation

Violating a cease and desist order issued by the department carries a first-degree misdemeanor charge and a possible civil penalty of up to $5,000.

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Management of Investigators

Each agency or branch office must have a designated manager who oversees the activities of Class 'C' or 'CC' employees.

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Confidentiality of Licensee Information

Information regarding a licensee's residence address and telephone number is considered confidential and exempt from public disclosure under Florida Statute.

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Disclosure of Confidencial Information to Law Enforcement

The law permits the release of confidential information to local, state, or federal law enforcement agencies.

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Divulging Investigative Information

Licensees are prohibited from disclosing investigative file information to unauthorized individuals, with exceptions for client consent or client-alleged violations.

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Exceptions to Disclosure Prohibition

The prohibition on disclosing investigative file information does not apply to authorized representatives of the Department engaging in official inquiries.

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Written Denial of Access

When a licensee denies access to an investigative file, they must provide a written denial within two working days.

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Contents of Written Denial

The written denial must include details about the information's origin, client notification, and client's denial of access.

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Client Permission in Written Denial

The written denial must also state that the client has been advised of the request and has denied permission to grant access.

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Clear Client Denial in Written Statement

The written denial should include a clear statement that the client has been advised of the request for access to investigative files and has denied permission.

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Study Notes

Florida Private Investigator Handbook

  • This handbook details the requirements and restrictions for private investigators in Florida, adhering to Chapter 493, Florida Statutes.
  • It is a reference guide for applicants and licensees regarding the legal aspects of the private investigative industry.
  • The handbook emphasizes maintaining high ethical standards and complying with the law.

Regulated Activity

  • Private investigation involves acquiring information about crimes, wrongs, or other matters like the identities, habits, conduct, or movements of individuals or groups; property issues; or property damage.
  • It includes obtaining information on whereabouts of missing persons and recovery of lost or stolen property.
  • Investigations also cover property damage, accidents, and injury to real or personal property.
  • Investigations by private investigators are under the authority of government officials for related matters.

Types of Licenses

  • Private Investigator (Class "C"): Individuals performing investigative services, excluding "in-house" investigators, must be licensed. They must be employed by or own a licensed Class "A" investigative agency or a Class “AA” or “AB" branch office and can't subcontract.
  • Private Investigator Intern(Class "CC"): Individuals performing investigative services under the direction and control of a sponsoring Class "C" licensee or manager are categorized under a Class "CC" license. Interns must work for an agency and can't subcontract.
  • Private Investigative Agency (Class "A"): Agencies engaging in the investigative business require this license which is valid for one location only. Class "A" agencies aren't permitted to subcontract with Class C, Private Investigator Interns. They can subcontract with other Class A investigators.
  • Branch Office (Class "AA"): Used to denote a branch office of a Class “A” agency.
  • Agency Managers (Class “M" or “MA"): These individuals oversee activities within agencies (Class “A”). A Class “C” licensee may serve as a manager if they fulfill the requirements.

Firearms

  • Class “C” or Class “CC” licensees: Investigators with Class “C” or “CC” licenses can carry firearms including weapons like a .38 caliber revolver, .380 caliber or a 9-millimeter semiautomatic pistol; or a .357 caliber revolver with .38 caliber ammunition.
  • The maximum number of firearms allowed on a licensee’s person is two (2).
  • Certain types of ammunition are prohibited.

Training and Testing Requirements

  • Class "CC" applicants, not required to have investigative experience, undergo at least 40 hours of professional training at state universities or other education institutions for certification.
  • The training comprises a 24-hour and a 16-hour course in investigative techniques and this chapter.
  • Class “C” applicants must complete two years of lawful experience or training in investigative work, criminology, or law enforcement or related fields.

Use of Force

  • Private Investigators aren't law enforcement and don't have the power to make arrests or use force except in self-defense or defense of another.
  • Deadly force must be used in the defense of one's self or another from imminent serious bodily harm. Any other circumstances involving a firearm are considered disciplinary actions that may lead to license revocation.
  • Firing a warning shot is prohibited.

Sponsorship of Interns

  • Class "C," "MA," or "M" licensees can sponsor Class "CC" private investigator interns.
  • The sponsorship process requires a notice of intent submitted to the department.
  • Supervising interns is required and must take place within a 50 mile radius of the location of the agency.
  • Employees may perform investigative activities under the guidance of their licensed sponsor rather than independently. A licensee may not sponsor more than six (6) interns.

Identification Cards

  • Every licensed agency must issue ID cards to partners, officers, and employees containing the agency and licensee information.
  • The licenseholder is responsible for maintaining the card during all regulated activities.
  • Use of the state seal on any investigation-related item is prohibited.

Applying for a License

  • Requirements include age (18 years), U.S. citizenship or legal residency, no criminal history, good moral character, and mental competency.
  • Applicants are expected to provide personal information, a photograph and fingerprint cards.

Sponsorship of Interns

  • Interns must be supervised within 50 miles of the company and the company must submit the information to the department.

Cancellation/Deactivation of License

  • Licensees can place their license on inactive status if a written request is made to the department.
  • The license will remain inactive for 3 years. Licensees must pay any required renewal fees if the license expires while in inactive status.

Agency Advertising and Use of State Seals

  • Advertising must state the agency's license number.
  • Use of the state seal in connection with investigative services or badges is prohibited.

Prohibited Acts

  • Fraud or willful misrepresentation in acquiring a license is prohibited.
  • Unauthorized use of fictitious or assumed names and conduct of activities without the correct license or with a suspended or revoked license is also prohibited.

Disciplinary Actions/Penalties

  • Violations of Chapter 493 may involve: denial of a license; reprimand; administrative fees up to $1000 per violation; probation; suspension or revocation of a license.
  • Licensees with criminal convictions may be ineligible for licensure for a certain period.

Confidentiality

  • Residence information of licensed investigators (Class "C", "CC", "E", "EE") is confidential and not subject to disclosure.

Division of Licensing

  • The agency is responsible for answering questions and addressing concerns related to the process of licensing.
  • The Division of Licensing processes licenses and provides relevant information and contact information.

Regional Offices

  • Addresses and contact information for Florida's regional offices are provided.

Map of Regional Office Territories

  • A map illustrating the territories for each regional licensing office is included.

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Description

Explore the essential guidelines for private investigators in Florida as outlined in Chapter 493, Florida Statutes. This handbook serves as a reference for legal requirements, ethical standards, and operations within the private investigation field. Whether you're an applicant or a licensed investigator, this guide covers everything you need to know.

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