Questions and Answers
Which section mandates that Class C or Class CC licenses must be in possession of the individual licensee while engaged in regulated activities?
What Florida Statute Chapter regulates private investigation?
Chapter 493
What does Section 493.6101 (17) define as regulated activity in private investigation?
Who must hold a Class C License for private investigation?
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A Class CC applicant is expected to have investigative experience.
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What must a Class AA licensee do if their license becomes invalid for more than a year?
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Section 493.6203 (4) states a Class C license must have _____ years of experience or training.
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What is required for an applicant to pass for Class MA, M, or C license?
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What is one condition under which a Class C or Class CC individual may carry a concealed firearm?
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What must licensed agencies do regarding the use of factory ammo?
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What is one condition that disqualifies a non-citizen from applying for a license under Chapter 493?
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What is prohibited under Section 493.6118 (1) regarding firearm use?
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What must agencies include in advertisements according to Section 493.6118 (1) (k)?
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What department regulates the P.I industry?
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What power does the Department have to enforce provisions of Chapter 493?
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Is a licensed or unlicensed person required to provide records during an investigation?
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Can the division subpoena records during its enforcement conduct?
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What happens if someone fails to cooperate with an investigator of the division?
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What actions can the division take upon finding violations of Chapter 493?
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A person convicted of violating Chapter 493 is eligible for licensure after one year.
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What is the consequence for violating a cease and desist order?
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What is the consequence for knowingly possessing fraudulent documents related to licensure?
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Is the residence information of Class C, CC, E, or EE licensees public record?
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When must a licensee provide written denial of access to an investigative file?
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Study Notes
Licensing Overview
- Class C, CC, M, MA licenses are required for individuals conducting regulated activities in private investigation.
- Chapter 493 of Florida Statutes governs private investigators.
- Class C license holders perform investigative services; must be affiliated with a licensed agency.
Regulatory Sections
- Section 493.6101(17) defines "regulated activity" as investigations related to crimes, identities, credibility, and missing persons.
- Class C and CC licensees are permitted to provide bodyguard services without a separate Class D license.
Licensing Classifications
- Class CC is for interns under supervision, requiring a sponsoring Class C or M agency.
- Class A licenses are for investigative agencies valid at a single location; Class AA licenses are for branch offices.
- Class M or MA licenses are needed for agency managers overseeing operations.
Experience and Training Requirements
- Section 493.6203(4) states a Class C applicant needs 2 years of relevant experience in investigative work or education.
- Class G firearm licenses are necessary for carrying firearms during investigative duties.
Firearms Regulations
- Licensees must not carry more than 2 firearms and cannot have non-factory ammunition.
- Class C, CC, and M or MA licensees aged 21 or older may carry concealed firearms if required by their duties.
Prohibited Acts and Discipline
- Fraud, misrepresentation, or use of fictitious names are strictly prohibited.
- Violating any provision of Chapter 493 is a serious offense, potentially leading to criminal charges.
Internship Policies
- Agencies may sponsor a maximum of 6 interns at a time; sponsors must certify internship completion or termination within 15 days.
- Interns must operate under direct supervision; sponsors are responsible for their training.
Agency Management
- Each agency must identify at least one licensed manager for classified employees.
- ID cards issued by agencies must include the licensee’s name, number, and agency details, to be carried during regulated activities.
Criminal Background Checks
- Applicants for Class CC must be sponsored and undergo criminal history checks by state and federal agencies.
- Individuals must disclose any criminal history, mental health issues, or substance abuse concerns when applying.
Enforcement and Compliance
- The Department of Agriculture and Consumer Services regulates the private investigator industry and can take disciplinary action for violations.
- Records related to investigation activities must be maintained for 2 years, and failure to cooperate with investigations is not tolerated.
Misconduct and Penalties
- Serious violations may result in license denial, fines, suspension, or revocation.
- Acts that mislead the public regarding authority, such as impersonating law enforcement, can lead to severe disciplinary actions.
Advertising and Representation
- Licensed agencies must include their license number in all advertisements and service proposals.
- Unauthorized use of state seals or symbols of authority is prohibited.
Legal Responsibilities
- Licensees must report any known violations and have their license and ID card while on duty.
- Neglecting to fulfill these responsibilities can result in penalties or revocation of the license.### Licensure Eligibility
- Individuals convicted of violations under Chapter 493 are barred from obtaining licensure for a period of 5 years.
Cease and Desist Violations
- Disregarding a cease and desist order from the department constitutes a 1st degree misdemeanor.
- Punishment for this offense aligns with Sections 775.082 or 775.083.
- The department may impose a civil penalty of up to $5,000 for such violations.
Suspension of Personal Licenses
- Owners, officers, partners, or managers of licensed agencies or schools aware of activities leading to revocation face a 3-year suspension of their personal licenses.
- During the suspension, they cannot hold financial interests or employment in licensed agencies or training facilities.
Fraudulent Training Certificates
- It is illegal to knowingly possess or issue fraudulent training certificates related to licensure.
- Violators of this rule commit a 3rd degree felony, with punishments outlined in Sections 775.082, 775.083, and 775.084.
Confidentiality of Licensee Information
- Residential contact details of Class C, CC, E, or EE licensees held by the department are confidential and exempt from general public disclosure.
- This information may be shared with law enforcement, but if it mirrors business contact details, it becomes public.
Investigative File Confidentiality
- Licensees and agency employees must not disclose investigative file contents unless authorized by law or client consent.
- Exceptions exist if a violation of the chapter is alleged by the client or if written client consent is obtained.
Access to Investigative Files
- Licensees denying access to investigative files for authorized representatives must document the denial in writing within 2 working days.
- Reasons for denial may include: information procured on a client's behalf, client refusal of permission, unknown whereabouts of the client, or impending subpoena provisions.
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