License types

  Class "D" Security Officer License

  Class "C"/"CC" Investigator / Intern License

  Class "E"/"EE" Recovery Agent / Intern License

  Class "G" Statewide Firearm License

  Class "M"/"MA"/"MB"/"MR" Manager License

  Class "A"/"AA"/"AB"/"B"/"BB"/"R"/"RR"

                Agency / Branch License

  Class "K” Firearms Instructor License

Legistlative Intent

The Legislature recognizes that untrained persons, unlicensed persons or businesses or persons who are not of good moral character engaged in private security, investigative, and recovery industries are a threat to the welfare of the public if placed in positions of trust.  Regulation of licensed and unlicensed persons and businesses engaged in these fields is thereforeed deemd necessary.

Branch Office - each additional location of an agency where business is actively conducted which  advertises as perfoming or is engaged in the business authorized by the license.

Sponser - any Class "CC", Class"MA", or Class"M" licensee who supervises and maintains under his or her direction and contraol a Class "CC" intern, or any Class "E" or Class "MR" licensese who supervises and maintains under his or her direction and control a Class "EE" intern. 

Manager - any licensee who directs the activities of licensees at any agency or branch office.  The manager shall be assigned to and shall primarily operated from the agency or branch office location for which he or she has been designated as manager. 

Priveate Investigative Agency - any person who, for consideration, advertises as providing or is engaged in the businesss of funishing private investigations. 

Private Investigator - any individual who, for consideration, advertises as prividing or performs private investigation.  This does not include an informant who, on a one-time or limited basis, as a result of a unique expertise, ability, vocation, or special acesss and who, under the direction and control of a Class "C" licnesee or Class "MA" licensee, provides information of services that would otherwise be included in the defintiaton of private investigation. 

Private Investigation - the investigaitonn by a person or persons for the purpose of obtaining informatiton with reference to any of the following matters:

a) Crime or wrongs done or thereatened against the United States or any state or territory of the Unided States, when operationg under express written authority of the governmental official responsible for authorizing such investigation.

b) The idenity, habits, conduct, movements, whereabouts, affilations, associations, transactions, reputation, or character of any society, person , or group of persons.

c) The credibility of witnesses or other persons. 

d) The wereabouts of missing persons, owners of unclaimed property or escheated property, or hiers to estates.

e) The location or recovery of lost or stolen property.

f) The causes and origins of, or responsibility for, fires, libels, slanders, losses, accidents, damage, or injuries, to real or personal property.

g) The business of securing evidence to be used before investigating committess or boards of award or arbitration or in the trial of civil or criminal cases and the preperation therefor.

493.6102 - Inapplicability of this chapter

1) Any individual who is an "officer" as defined in S. 943.10(14) or is a law enforcement officer of the United States Government, while such local, state or federal officer is engaged in her or his official duties or when performing off-duty security activites approved by her or his superiors.

2) Any insurance investigator of adjuster licensed by the state or federal licensing authority when such person is providing services or expert advice within the scope of her or his license. 

3) Any individual solely, exclusively, and regularly employed as a unarmed investigator in connection with the business of her or his employer, when there exists and employer-employee relationship.

4) Any unarmed indivudual engaged in security services who is employed exclusively to work on the premises of her or his employer, or in connection with the business of her or his employer, when there exists an employer-employee relationship.

5) Any person or bureau whose business is exclusively the furnishing of information concerning the business and financial standing and credit responsiblity of persons or the financial habits and financial responsibility of applicants for insurance, idemnity bonds, or commercial credit.

6) Any attorney in the regular practice of her of his profession.

7) Any bank or bank holding company, credit union, or small loan company operating pursuant to chapeters 516 and 520 and any consumer credit reporting agency related under 15 U.S.C. ss. 1681 et seq, or any collectionn agency not engaged in respossessions or to any permanent employee thereof.

8) Any person who holds a professional license under the laws of this state when such person is providing services or expert advise in the profession of occupation in whcih that person is licensed.

9) Any security agency or private investigative agency, and employess thereof, performing contractual security or investigative services soley and exclusively for any agency of the United States. 

10) Any person duly authorized by the laws of this state to operate a central burglar or fire alarm business,  However, such person are not exempt to the extent they perform serices requiring licensure or registration under this chapter. 

11) Any person or company retained by a food service establishment to independently evaluate the food service establishment including quality of food, servie, and facility.  However, such persons are not excempt to the extent they investigate or are retained to investigate criminal or suspected criminal behiavior on the part of the food service estabishment employees.

12) Any person who is a school crossing guared employed by a third party hired by a city or county and trained in accordance with Fl SS. 316.75.

13) Any individual employed as a security officer by a church or ecclesiastical or denominational organization having an established physical place of worshiop in this sate at whcih nonprofit religious services and activities are regulary conducted or by a church cemetery to provide security on the property of the organizationn or cemetery , and who does not carry a firearm in the course of her or his duties. 

14)  Any person or firm that soley and exclusively conducts genealogical reserarch, or otherwise traces lineage or ancestry, by primarly utilizing public records and historical information and databases. 

15) Any licensed Florida-Certified public accountant who is action with the scope of the practice of public accounting as defined in chapter 473. 

493.6104 Advisory council

1) The department shall designate an advisory council, known as the Private Investgation, Recovery, Security Advisory Council to be composed of 11 members.

1-Member - Active Certified Law Enforcement

1-Member- Owner or operator of a business that contracts with Classs"A", Class "B" , or Class "R" agencies.

2-Members- from a security profession, one of whom represents an agency that employs 20 security guards or fewer;

2 Members from the private investigative profession, one of whom represents an agency that employs 5 investigators or fewer;

1 member- shall be from the repossessionn profession;

4 members - may be drawn from any of the professions regulated under this chapter.

9-Members must be geographically distributed , insofar as possible, and must be licensed pursuant to this chapter.

2) Council members shall be appointed by the Commissioner of Agriculture for a 4-years term.  Unexpired terms shall be filled only for the remainder of the unexpired term.  Members may be removed by the Commissioner of Agriculture for cause.  Cause shall include, but is not limited to, absences from two consecutive meetings.

3) Members shall slecta chairperson annually.  No member may serve as chairperson more than twice.

4) The council shall meet at least 4 times yearly upon the call of the chairperson, at the request of the majority of the memebership, or at the request of the department.  Notice of countil meeting and the agenda shall be puslished in the Florida Adminstrative Weekly at least 14 days prioir to such meeting.

5) The councill shall advise the department and make recommendations relative to the regulation of the security, investigative, and recovery industries.

6) Council members whall serve without pay, however, state per diem and travel allowances may be claimed for attendance at offically called meeeting as provide by Fl SS 112. 061 

7) A quorum of 6 members shall be necessary for a meetin got convene or continue.  all offical action taken by the council shall be simple majority of those members present. Members may not participate or vote by proxy.  Meetings shall be recored, adn meinutes of the meetings shall be maintained by the department. 

8) The director of the Division of Licensing or the director's designee shall serve, in a nonvoting capacity, as secretary to the council.  The Division of Licensing shall provide all adminstrative and legal support requred by the council in the the conduc of its offical business. 

Application for License

Each application shall be signed by the individual under oath and shall be notarized.   Each shall contain the following information concerning the individual signing same:

a) Name and any aliases

b) Age and date of birth

c) Place of birth

d) Social Security number of alien registraion number

e) Present residence address or his or her residence addresses within the 5 years immedialely preceding the submission of the application. 

f) Occupation held presently and within the 5 years immideiately preceding the submissio of the application. 

g) Statement of all convictions.

h) Statement whether he of she has ever been adjusicated incompetent under chapter 744. 

i) Statement whether he or she has ever been committed to a mental institutionn udner chapter 394.

j) A full set of fingerprints on a card provided by the department and a fingerprint fee to be establisehd by fule of the department based upon costs determined by state and federal agencies charges and department processing costs. 

k) A personal inquiry waiver allowing the department to conduct necessary investigations to satisfy the requirements of this chapter.