Pi Handbook
Pi Handbook
INVESTIGATOR
  HANDBOOK
Division of Licensing
       Florida Department of
 Agriculture and Consumer Services
         Adam H. Putnam
          Commissioner
Florida Department of Agriculture and Consumer Services
A message from the Commissioner:
To be licensed as a private investigator in the State of Florida
is to assume an important public trust. The private
investigator has a special obligation to maintain high ethical
standards and to adhere strictly to the requirements of the
law governing his or her professional practice.             The
Department of Agriculture and Consumer Services, Division
of Licensing, is authorized under Chapter 493, Florida
Statutes, to regulate the private investigative industry in an
effort to ensure that regulated activities are performed in a
manner that is consistent with the general welfare.
This handbook is intended to serve as a convenient reference
guide to applicants and licensees on the requirements and
the restrictions contained in the law. I hope it will be helpful
to you.
Sincerely,
Adam H. Putnam
Commissioner
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                 TABLE OF CONTENTS
TITLE/SUBJECT                                      PAGE
Law                                                    1
Regulated Activity                                     1
Types of Licenses                                      2
In-House Investigators                                 4
Training and Test Requirements                         4
Firearms                                               6
Firearms Training                                      8
Use of Force                                           9
Sponsorship of Interns                               10
Identification Cards                                 10
Applying for a License                                11
Cancellation/Inactivation of License                  12
Agency Advertisements Require License Number          13
Other Prohibited Acts                                 13
Use of State Seal Prohibited                          17
Badges                                                17
Unlawful Symbols of Authority                         17
Department of Agriculture and Consumer Services,
Division of Licensing                                18
Disciplinary Action/Penalties                        19
Confidentiality                                      20
Divulging Investigative Information                  21
                              iii
           PRIVATE INVESTIGATION GUIDELINES
I.    LAW – Chapter 493, Florida Statutes
     The following explanations of the law are intended to assist
applicants and licensees in understanding the basic
requirements and restrictions of Chapter 493, Florida Statutes.
Please note that this handbook does not constitute the entirety of
the law.       Individuals seeking a more comprehensive
understanding of the law are directed to carefully read and study
Chapter 493, Florida Statutes, as well as Chapter 5N-1, Florida
Administrative Code.
                                 1
      g. The business of securing evidence to be used before
investigating committees or boards of award or arbitration or in
the trial of civil or criminal cases and the preparation therefor.
                   Section 493.6101 (17), F. S.
    h. A Class “C” or Class “CC” licensee may perform
bodyguard services without obtaining a Class “D” license.
                   Section 493.6201 (8), F. S.
                                2
agency. Agencies must notify the Division of any changes in
officers, ownership or location. Agency licenses, which reflect
incorrect information because such changes have not been
reported, are in violation of Chapter 493, F. S.
        Sections 493.6105 (2) (a) and 493.6201 (1), F. S.
      d. Branch Office — Class “AA” license — Each branch
office of a Class “A” agency shall have a Class “AA” license.
                    Section 493.6201 (2), F. S.
     e. Agency Managers — Class “M” or “MA” license — Any
individual who performs the services of a manager for a Class “A”
Investigative Agency or a Class “AA” Branch Office must have a
Class “M” or “MA” Agency Manager license. A Class “C” licensee
may be designated as a manager in lieu of the Class “M” or “MA”
license. Class “M” or “MA” licensees cannot subcontract; they
must work for a Class “A” Private Investigative Agency.
     Example: The owner of a Class “A” Private Investigative
Agency who is licensed as a Class “C” Private Investigator may
designate himself/herself as the agency manager and is not
required to possess a Class “MA” license.
                    Section 493.6201 (3), F. S.
    f.   Each agency or branch office shall designate a
minimum of one appropriately licensed individual to act as
manager, directing the activities of the Class “C” or Class “CC”
employees.
                  Section 493.6106 (2) (d), F. S.
     g. Unless the license is suspended or revoked by the
Division of Licensing, licenses are valid for 2 years, except for the
Class “A” Private Investigative Agency license, the Class “AA” or
“AB” agency branch license, and the Class “K” Firearms
Instructor license, which are valid for a 3 years. The licensee is
responsible for renewing his/her license on time. Although the
Division sends the licensee a renewal notice approximately 120
                                 3
days prior to the expiration date of the license, the licensee is
ultimately responsible for renewing his/her license in a timely
manner even if the renewal notice was not received.
            Sections 493.6111 (2) and 493.6113, F. S.
     h. The Class “C” Private Investigator license or Class “CC”
Private Investigator Intern license or Class “M” or “MA” Agency
Manager license must be in the possession of the individual
licensee while engaged in regulated activities.
                    Section 493.6111 (1), F. S.
                                4
and licensed investigator. However, there are training and
examination requirements for Class “CC” applicants.
     b. Effective January 1, 2012, before submission of an
application to the department, the applicant for a Class “CC”
license must have completed a minimum of 40 hours of
professional training pertaining to general investigative
techniques and this chapter, which course is offered by a state
university or by a school, community college, college, or
university under the purview of the Department of Education,
and the applicant must pass an examination. The training must
be provided in two parts, one 24-hour course and one 16-hour
course. The certificate evidencing satisfactory completion of the
40 hours of professional training must be submitted with the
application for a Class “CC” license.
     c.    The training may be provided by face-to-face
presentation, online technology, or a home study course in
accordance with rules and procedures of the Department of
Education. The administrator of the examination must verify the
identity of each applicant taking the examination.
     d. If a Class “CC” license becomes invalid as a result of
expiration or administrative action and remains invalid for more
than one year, the person applying for re-licensure must retake
both the training and the two examinations.
             Section 493.6203 (6) (a) and (b), F. S.
     e. An applicant for a Class “C” license shall have two (2)
years of lawfully gained, verifiable, full-time experience or
training in one, or a combination of more than one, of the
following:
         1.    Private investigative work or related fields of
     work that provided equivalent experience or training.
          2. College course work related to criminal justice,
     criminology, or law enforcement administration, or
     successful completion of any law enforcement-related
                               5
     training received from any federal, state, county, or
     municipal agency, except that no more than one (1) year
     may be used from this category.
          3.     Work as a Class “CC” licensed intern.
     Example: An applicant for Class “C” licensure cannot claim
investigative experience obtained when the applicant or the
employer/sponsor was not properly licensed because this would
be unlawfully gained experience.
           Sections 493.6203 (2) (a), (b), and (c), F. S.
      f.  An applicant for the Class “MA”, Class “M”, or Class
“C” license must pass an examination that covers the provisions
of Chapter 493, F. S. This examination is administered by the
Department or by a provider approved by the Department. The
applicant must pass the examination prior to applying for
licensure; proof of successful completion of the exam must be
submitted with the application.
     g. If a Class “MA”, Class “M”, or Class “C” license
becomes invalid as a result of expiration or administrative action
and remains invalid for more than one year, the person applying
for re-licensure must take and pass the examination a second
time.
               Sections 493.6203 (5) (a) and (b), F. S.
VI. FIREARMS
      a. A Class “C” Private Investigator or Class “CC” Private
Investigator Intern must obtain a Class “G” Statewide Firearm
License in order to carry a firearm in the course of his/her duties.
A Class “C” or Class “CC” licensee has authority to carry a .38
caliber revolver; or a .380 caliber or a 9-millimeter
semiautomatic pistol; or a .357 caliber revolver with .38 caliber
ammunition, while performing duties authorized under Chapter
493, Florida Statutes. No licensee may carry more than two (2)
firearms upon his/her person when performing his/her duties. A
                                  6
licensee may carry only a firearm of the specific type and caliber
with which he/she is qualified in accordance with the firearms
training requirements. Licensees may not carry a concealed
firearm under the authority of a concealed weapon license
obtained pursuant to Section 790.06, Florida Statutes, while
engaged in activities regulated by Chapter 493.
               Sections 493.6115 (2), (6), and (17), F. S.
      b. A Class “C” Private Investigator, a Class “CC” Private
Investigator Intern, a Class “M” or “MA” Manager who is twenty-
one (21) years of age or older and who possesses a Class “G”
Statewide Firearm License may carry a concealed firearm if
required by his/her duties AND if the armed duty assignment is
made and approved by his/her employer (the licensed agency).
The Class “G” license is valid throughout the state. Open-carry of
a firearm is not permitted at any time.
                      Section 493.6115 (4), F. S.
     c.   Licensed agencies shall allow licensed employees to
use only standard (factory) ammunition of a type and load which
is appropriate for the location and duty requirements of armed
employees, with the exception of the following types of
prohibited ammunition:
          1.      Glaser-type or any other pre-fragmented-type
     bullets
          2.      Exploding bullets
          3. Full-metal-jacket (fmj) / full-metal-case (fmc)
     bullets (except this type may be used in semiautomatic
     pistols only).
         4. Teflon-coated (ktw-type) or any other type of
     armor-piercing bullets
          5.      Full wadcutter bullets (except on firing range)
          6.      Reloads (except on firing range)
            Sections 493.6115 (2), (5) and (6), F. S.
          Rule 5N-1.129, Florida Administrative Code
                                   7
VII. FIREARMS TRAINING
     a. An applicant for a Class “G” Statewide Firearm license
must have a minimum of twenty-eight (28) hours of range and
classroom training within the twelve (12) months preceding the
date the application is submitted. This training must be taught
and administered by a Class “K” Firearms Instructor.
               Sections 493.6115 (5) and (7), F. S.
       b. Class “G” licensees must obtain four (4) hours of
firearms range recertification training during each year of the 2-
year licensure period (eight hours of total training required for
recertification/renewal). Range recertification must be taught
and administered by a Class “K” Firearms Instructor. Renewal of
the Class “G” license will be denied if a licensee has failed to
fulfill the four (4) hour annual training requirement. If the 4
hours of annual training is not completed each year during the 2-
year licensing period, the individual must re-take the training
required at initial licensure.
     Example: A licensee who is issued his Class “G” license on
July 1, 2012, which expires June 30, 2014, must receive four (4)
hours of firearms recertification training between July 1, 2012,
and June 30, 2013, and four (4) hours between July 1, 2013, and
June 30, 2014.
                  Section 493.6113 (3) (b), F. S.
     c.    Investigative agencies are required to notify the
Division of Licensing within five (5) working days of any
discharge of a firearm by an employee other than on a range
during range training. Reports are to be made on a form
prescribed by the department. This form can be obtained from
any division regional office.
                    Section 493.6115 (9), F.S
     Example: An accidental discharge by an employee must be
reported.
                                8
      d. Deadly force may be used only in the defense of one’s
self or another from imminent serious bodily harm. The
discharge of a firearm under any other circumstances, such as
firing a warning shot, is grounds for disciplinary action,
including revocation of the Class “G” license.
                   Section 493.6118 (1) (j), F.S
                                 9
IX. SPONSORSHIP OF INTERNS
    a. Only a Class “C”, Class “MA”, or Class “M” licensee
may sponsor a Class “CC” Private Investigator Intern.
     b. An internship may not commence until the intern is
licensed, or has submitted a completed application, and the
sponsor has submitted the notice of intent to sponsor to the
department. Such notice shall be on a form provided by the
department.
      c.   Internships are intended to serve as a learning period,
during which time sponsors shall assume a training role by
providing direction and control of interns. Sponsors shall only
sponsor interns who in fact and routinely operate from an office
which is within a 50-mile distance of the sponsor’s place of
business and shall not allow interns to operate independently of
such direction and control, or require interns to perform
activities which do not enhance the intern’s qualification for
licensure. In order to acquire the training requisite to obtain the
Class “C” license, the intern must in fact and on a routine basis
be physically under the direction and control of his/her sponsor.
“Physically” contemplates in-person contact on a routine basis
with the sponsor and is not accomplished by contact solely by
telephone, fax or computer.
    d. A Class “C”, “M”, or “MA” licensee may not sponsor
more than six (6) interns at the same time.
     e. A sponsor shall certify completion or termination of an
internship to the department within fifteen (15) days of such
occurrence. The certification shall be on a form provided by the
department.
                 Sections 493.6116 (1) - (5), F. S.
X.   IDENTIFICATION CARDS
     a. Every licensed investigative agency must furnish to its
partners, principal corporate officers, and all licensed employees
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an identification card with the name and license number of the
holder of the card and name and license number of the agency.
The identification card must be signed by the individual licensee
and a representative of the agency. The identification card must
be in the possession of the licensee at all times while engaged in
regulated activity.
                  Section 493.6111 (5) (b), F. S.
     b. Agency identification cards are issued solely for the
purpose of identifying the licensee and his/her employer. The
use of the state seal or the terms “State of Florida”, “Department
of Agriculture and Consumer Services”, or “Division of
Licensing” are forbidden. Such terms are often misinterpreted as
implying the bearer has some official status.
                  Section 493.6118 (1) (i), F. S.
                                11
fingerprint card or submitted electronically via LiveScan, a
personal inquiry waiver and the appropriate fees.         The
submission of the Social Security number is mandatory and is
requested pursuant to sections 119.071(5) (a) 2, 493.6105,
493.6304, and 493.6406, Florida Statutes, for identification
purposes, to prevent misidentification, and to facilitate the
approval process.
               Section 493.6105 (3), and (4), F. S.
     Any non-U.S. citizen who applies for a license under
Chapter 493 must submit proof of current employment
authorization issued by the U. S. Citizenship and Immigration
Services (USCIS).
      b. An applicant for a Class “CC” Private Investigator
Intern license must be sponsored by a Class “C”, “M”, or “MA”
licensee. The sponsor must submit a notice of intent to sponsor
for each Class “CC” licensee under his direction or control.
           Section 493.6116 (2), (3), (4) and (5), F. S.
             Also see Section IX in this Handbook.
     c.   A criminal history record check is performed by the
Florida Department of Law Enforcement and Federal Bureau of
Investigation via examination of the applicant’s fingerprints.
The results of the record check are provided to the Division of
Licensing to determine if the applicant has disqualifying criminal
history.
                   Section 493.6108 (1), F. S.
                                12
      b. The department, at the written request of the licensee,
may place his/her license in inactive status. A license may
remain inactive for a period of three (3) years, at the end of
which time it shall automatically be cancelled if the license has
not been renewed. If the license expires during the inactive
period, the licensee shall be required to pay license fees before
the license can be made inactive. No late fees shall apply when a
license is in inactive status.
                     Section 493.6114, F. S.
                               13
convicted of a crime which directly relates to the business for
which the license is held or sought. A plea of nolo contendere
shall create a rebuttable presumption of guilt to the underlying
criminal charges, and the department shall allow the individual
being disciplined or denied an application for a license to present
any mitigating evidence relevant to the reason for, and the
circumstances surrounding, his/her plea.
                   Section 493.6118 (1) (c), F. S.
     d. A false statement by the licensee that any individual is
or has been in his/her employ.
                   Section 493.6118 (1) (d), F. S.
      e. A finding that the licensee or any employee is guilty of
willful betrayal of a professional secret or any unauthorized
release of information acquired as a result of activities regulated
under this chapter.
                   Section 493.6118 (1) (e), F. S.
     f.    Proof that the applicant or licensee is guilty of fraud or
deceit, or of negligence, incompetency, or misconduct in the
practice of the activities regulated under Chapter 493.
                   Section 493.6118 (1) (f), F. S.
     Example: It is misconduct to refuse to provide a copy of an
investigative report to a client upon demand when such report
resulted from investigative activity paid for by the client.
     Example: It is deceit in the practice of regulated activities
to refuse to provide a client a bill itemizing all charges upon
demand by the client.
     g. Conducting activities regulated under Chapter 493
without a license or with a revoked or suspended license.
                   Section 493.6118 (1) (g), F. S.
    h. Impersonating, or permitting or aiding and abetting an
employee to impersonate, a law enforcement officer or an
                                 14
employee of the state, the United States, or any political
subdivision thereof by identifying himself/herself as a federal,
state, county, or municipal law enforcement officer or official
representative, by wearing a uniform or presenting or displaying
a badge or credentials that would cause a reasonable person to
believe that he/she is a law enforcement officer or that he/she
has official authority, by displaying any flashing or warning
vehicular lights other than amber-colored lights, or by
committing any act that is intended to falsely convey official
status.
                   Section 493.6118 (1) (i), F. S.
          Also see Sections XV - XVII in this handbook.
     i.  Commission of an act of violence or the use of force on
any person except in the lawful protection of one’s self or another
from physical harm.
                  Section 493.6118 (1) (j), F. S.
     j.   Knowingly violating, advising, encouraging, or
assisting the violation of any statute, court order, capias,
warrant, injunction, or cease and desist order, in the course of
business regulated under Chapter 493, F. S.
                  Section 493.6118 (1) (k), F. S.
    k. Soliciting business for an attorney in return for
compensation.
                  Section 493.6118 (1) (l), F. S.
    l.    Transferring or attempting to transfer a license issued
pursuant to Chapter 493.
                  Section 493.6118 (1) (m), F. S.
     m. Employing or contracting with any unlicensed or
improperly licensed person or agency to conduct activities
regulated under this chapter when such licensure status was
known or could have been ascertained by reasonable inquiry.
                  Section 493.6118 (1) (n), F. S.
                                15
      n. Failure or refusal to cooperate with or refusal of access
to an authorized representative of the department engaged in an
official investigation pursuant to Chapter 493.
                  Section 493.6118 (1) (o), F. S.
            Also see Section XVIII in this Handbook.
     o. Failure of any partner, principal corporate officer, or
licensee to have his/her agency identification card in his/her
possession while on duty.
                  Section 493.6118 (1) (p), F. S.
     p. Failure of any licensee to have his/her license in
his/her possession while on duty, as specified in Section
493.6111(1), F. S.
                  Section 493.6118 (1) (q), F. S.
    q. Failure or refusal by a sponsor to certify completion or
termination of an internship to the department within 15
working days.
                  Section 493.6118 (1) (r), F. S.
      r.  Failure to report to the department any person whom
the licensee knows to be in violation of this chapter or the rules
of the department.
                  Section 493.6118 (1) (s), F. S.
     s.   Violating any provision of Chapter 493.
                   Section 493.6118 (1) (t), F. S.
     t.   Felony convictions unless ten (10) years have expired
since final release from supervision and civil rights have been
restored by the state or jurisdiction of conviction.
                  Section 493.6118 (4) (a), F. S.
     u. Being found guilty of, entering a plea of guilty to, or
entering a plea of nolo contendere to a felony and adjudication of
                                16
guilt is withheld until a period of three (3) years has expired
since final release from supervision.
                  Section 493.6118 (4) (c), F. S.
XVI. BADGES
      a. Florida law establishes that five-pointed star badges
are reserved for wear by sheriffs and deputy sheriffs in this state.
Any badge or insignia of such similarity to the official sheriff’s
badge which is indistinguishable at a distance of twenty (20) feet
is prohibited for use by individuals licensed under Chapter 493,
F. S.
      b. Licensed private investigators and private investigator
interns should be especially aware that the use of any badge in
the course of investigative activity creates a very strong
suggestion of impersonation of a law enforcement officer, an act
that would constitute misconduct in the course of regulated
activities. ONLY the agency identification card and the Class “C”
or “CC” license are needed for identification purposes while on
the job.
       Sections 30.46, 493.6118 (1) (i), and 843.085, F. S.
                                17
identification card, uniform or any colorable imitation thereof
which could deceive a reasonable person into believing that such
item is authorized by a law enforcement agency or the bearer is a
law enforcement officer is prohibited. All non-official persons
and agencies are prohibited from the use of the words “police”,
“patrolman”, “agent”, “sheriff”, “deputy”, “trooper”, “highway
patrol”, “Wildlife Officer”, “Marine Patrol Officer”, “state
attorney”, “public defender”, “marshal”, “constable”, or “bailiff”
when the use of such words or combinations thereof could
deceive a reasonable person into believing that such person or
agency is a law enforcement officer or agency.
           Sections 843.085 and 493.6118 (1) (i), F. S.
                                18
     c.   During an investigation by the division, each licensed
or unlicensed person, applicant or agency is required by law to
provide records and truthfully respond to questions.
      d. In any investigation undertaken by the department,
each licensed or unlicensed person, applicant, agency, or
employee must immediately provide records to the department
upon request and truthfully respond to questions concerning
activities regulated under Chapter 493. Records must be
maintained in Florida for a period of 2 years at the principal
place of business of the licensee, or at any other location within
the state for a person whose license has been terminated,
canceled, or revoked.
                   Section 493.6121 (2), F. S.
      e. In the conduct of its enforcement responsibility the
division is granted the authority to subpoena any person or
records, to take sworn depositions, to issue an order to cease and
desist, and to seek injunctive relief from the Circuit Court to
assure compliance with the law.
               Sections 493.6121(3) and (4), F. S.
     f.   Failure or refusal to cooperate with or provide access
to an investigator of the division is prohibited by law.
                  Section 493.6118 (1) (o), F. S.
XIX. DISCIPLINARY ACTION/PENALTIES
     a. When the division finds any violations of Chapter 493,
it may do one or more of the following:
         Deny an initial or renewal application for license;
         Issue a reprimand;
      Impose an administrative fine up to $1,000 per count
     or separate offense;
                                19
      Place a licensee on probation or suspend or revoke a
     license.
                    Section 493.6118 (2), F. S.
     b. Any person who violates the provisions of Chapter 493
except s. 493.6405 commits a misdemeanor of the first degree.
                    Section 493.6120 (1), F. S.
     c.    Any person who is convicted of a violation of Chapter
493 is not eligible for licensure for five (5) years.
                    Section 493.6120 (2), F. S.
     d. Any person who violates or disregards any cease and
desist order issued by the department commits a misdemeanor
of the first degree, punishable as provided in Section 775.082 or
775.083, F. S. In addition, the department may seek the
imposition of a civil penalty not to exceed $5,000.
                    Section 493.6120 (3), F. S.
      e. Any person who was an owner, officer, partner, or
manager of a licensed agency or a licensed school or training
facility at the time of any activity that is the basis for revocation
of the agency, branch office, or school or training facility license
and who knew or should have known of the activity shall have
his/her personal licenses or approval suspended for three (3)
years and may not have any financial interest in or be employed
in any capacity by a licensed agency or school/training facility
during the period of suspension.
                    Section 493.6120 (4), F. S.
XX. CONFIDENTIALITY
     The residence telephone number and residence address of
any Class “C”, Class “CC”, Class “E”, or Class “EE” licensee
maintained by the department is confidential and exempt from
the provisions of Section 119.071(4) (d), F. S., except that the
                                 20
department may provide this information to local, state, or
federal law enforcement agencies. When the residence telephone
number or residence address of such licensee is, or appears to be,
the business telephone number or business address, this
information shall be public record.
                     Section 493.6122, F. S.
                                21
          2. That the client has been advised of the request
     and has denied permission to grant access; or
          3. That the present whereabouts of the client is
     unknown or attempts to contact the client have been
     unsuccessful but, in the opinion of the person denying
     access, review of the investigative file under conditions
     specified by the department would be contrary to the
     interests of the client; or
          4. That the requested investigative file will be
     provided pursuant to a subpoena issued by the department.
      d. No licensee or any employer or employee of a licensee
or licensed agency shall willfully make a false statement or report
to his/her client or employer or to an authorized representative
of the department concerning information acquired in the course
of activities regulated by this chapter.
                     Section 493.6119, F. S.
                                22
Any comments or suggestions regarding this handbook may be
submitted to:
                             Director
                       Division of Licensing
                       Post Office Box 9100
                 Tallahassee, Florida 32315-9100
                     www.mylicensesite.com
                                23
        Orlando Regional Office
 400 West Robinson Street, Room 110
        Orlando, Florida 32801
 (407) 245-0883 – Fax (407) 317-7324
                  24
   DIVISION OF LICENSING
REGIONAL OFFICE TERRITORIES
            25
                          Division of Licensing
                                May 2012
                           Adam H. Putnam
                            Commissioner