Chapter 493 Private Investigative, Private Security, And Repossession Services
Part I - General Provisions (ss. 493.6100-493.6126)
- §493.6100 Legislative intent.
The Legislature recognizes that the private security, investigative, and recovery industries are rapidly expanding fields that require regulation to ensure that the interests of the...
- §493.6101 Definitions.
(1) "Department" means the Department of Agriculture and Consumer Services. (2) "Person" means any individual, firm, company, agency, organization, partnership, or corporation. (3) "Licensee" means any person licensed...
- §493.6102 Inapplicability of this chapter.
This chapter shall not apply to: (1) Any individual who is an "officer" as defined in s. 943.10(14) or is a law enforcement officer of the...
- §493.6103 Authority to make rules.
The department shall adopt rules necessary to administer this chapter. However, no rule shall be adopted that unreasonably restricts competition or the availability of services...
- §493.6104 Advisory council.
(1) The department shall designate an advisory council, known as the Private Investigation, Recovery, and Security Advisory Council, to be composed of 11 members. One member...
- §493.6105 Initial application for license.
(1) Each individual, partner, or principal officer in a corporation, shall file with the department a complete application accompanied by an application fee not to exceed...
- §493.6106 License requirements; posting.
(1) Each individual licensed by the department must: (a) Be at least 18 years of age. (b) Be of good moral character. (c) Not have been adjudicated incapacitated under...
- §493.6107 Fees.
(1) The department shall establish by rule examination and biennial license fees which shall not exceed the following: (a) Class "M" license--manager Class "AB" agency: $75. (b) Class...
- §493.6108 Investigation of applicants by Department of Agriculture and Consumer Services.
(1) Except as otherwise provided, prior to the issuance of a license under this chapter, the department shall make an investigation of the applicant for a...
- §493.6109 Reciprocity.
(1) The department may adopt rules for: (a) Entering into reciprocal agreements with other states or territories of the United States for the purpose of licensing persons...
- §493.6110 Licensee's insurance.
A Class "B" agency license may not be issued unless the applicant first files with the department a certification of insurance evidencing commercial general liability...
- §493.6111 License; contents; identification card.
(1) All licenses issued pursuant to this chapter shall be on a form prescribed by the department and shall include the licensee's name, license number, expiration...
- §493.6112 Notification to Department of Agriculture and Consumer Services of changes of partner or officer or employees.
(1) After filing the application, unless the department declines to issue the license or revokes it after issuance, an agency or school shall, within 5 working...
- §493.6113 Renewal application for licensure.
(1) A license granted under the provisions of this chapter shall be renewed biennially by the department, except for Class "A," Class "B," Class "AB," Class...
- §493.6114 Cancellation or inactivation of license.
(1) In the event the licensee desires to cancel her or his license, she or he shall notify the department in writing and return the license...
- §493.6115 Weapons and firearms.
(1) The provisions of this section shall apply to all licensees in addition to the other provisions of this chapter. (2) Only Class "C," Class "CC," Class...
- §493.6116 Sponsorship of interns.
(1) Only licensees may sponsor interns. A Class "C," Class "M," or Class "MA" licensee may sponsor a Class "CC" private investigator intern; a Class "E"...
- §493.6117 Division of Licensing Trust Fund.
There is created within the Division of Licensing of the department a Division of Licensing Trust Fund. All moneys required to be paid under this...
- §493.6118 Grounds for disciplinary action.
(1) The following constitute grounds for which disciplinary action specified in subsection (2) may be taken by the department against any licensee, agency, or applicant regulated...
- §493.6119 Divulging investigative information; false reports prohibited.
(1) Except as otherwise provided by this chapter or other law, no licensee, or any employee of a licensee or licensed agency shall divulge or release...
- §493.6120 Violations; penalty.
(1) Any person who violates any provision of this chapter except s. 493.6405 commits a misdemeanor of the first degree, punishable as provided in s. 775.082...
- §493.6121 Enforcement; investigation.
(1) The department shall have the power to enforce the provisions of this chapter, irrespective of the place or location in which the violation occurred, and,...
- §493.6122 Information about licensees; 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...
- §493.6123 Publication to industry.
(1) The department shall have the authority to periodically, through the publication of a newsletter, advise its licensees of information that the department or the advisory...
- §493.6124 Use of state seal; prohibited.
No person or licensee shall use any facsimile reproduction or pictorial portion of the Great Seal of the State of Florida on any badge, credentials,...
- §493.6125 Maintenance of information concerning administrative complaints and disciplinary actions.
The department shall maintain statistics and relevant information, by profession, for private investigators, recovery agents, and private security officers which details: (1) The number of complaints...
- §493.6126 Saving clauses.
(1) No judicial or administrative proceeding pending on October 1, 1990, shall be abated as a result of the repeal and reenactment of this chapter. (2) All...
Part II - Private Investigative Services (ss. 493.6201-493.6203)
- §493.6201 Classes of licenses.
(1) Any person, firm, company, partnership, or corporation which engages in business as a private investigative agency shall have a Class "A" license. A Class "A"...
- §493.6202 Fees.
(1) The department shall establish by rule examination and biennial license fees, which shall not exceed the following: (a) Class "A" license--private investigative agency: $450. (b) Class "AA"...
- §493.6203 License requirements.
In addition to the license requirements set forth elsewhere in this chapter, each individual or agency shall comply with the following additional requirements: (1) Each agency...
Part III - Private Security Services (ss. 493.6301-493.6305)
- §493.6301 Classes of licenses.
(1) Any person, firm, company, partnership, or corporation which engages in business as a security agency shall have a Class "B" license. A Class "B" license...
- §493.6302 Fees.
(1) The department shall establish by rule biennial license fees, which shall not exceed the following: (a) Class "B" license--security agency: $450. (b) Class "BB" or Class "AB"...
- §493.6303 License requirements.
In addition to the license requirements set forth elsewhere in this chapter, each individual or agency shall comply with the following additional requirements: (1) Each agency...
- §493.6304 Security officer school or training facility.
(1) Any school, training facility, or instructor who offers the training outlined in s. 493.6303(4) for Class "D" applicants shall, before licensure of such school, training...
- §493.6305 Uniforms, required wear; exceptions.
(1) Class "D" licensees shall perform duties regulated under this chapter in a uniform which bears at least one patch or emblem visible at all times...
Part IV - Repossession Services (ss. 493.6401-493.6406)
- §493.6401 Classes of licenses.
(1) Any person, firm, company, partnership, or corporation which engages in business as a recovery agency shall have a Class "R" license. A Class "R" license...
- §493.6402 Fees.
(1) The department shall establish by rule biennial license fees which shall not exceed the following: (a) Class "R" license--recovery agency: $450. (b) Class "RR" license--branch office: $125....
- §493.6403 License requirements.
(1) In addition to the license requirements set forth in this chapter, each individual or agency shall comply with the following additional requirements: (a) Each agency or...
- §493.6404 Property inventory; vehicle license identification numbers.
(1) If personal effects or other property not covered by a security agreement are contained in or on a recovered vehicle, mobile home, motorboat, aircraft, personal...
- §493.6405 Sale of motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment by a licensee; penalty.
(1) A Class "E" or Class "EE" licensee shall obtain, prior to sale, written authorization and a negotiable title from the owner or lienholder to sell...
- §493.6406 Repossession services school or training facility.
(1) Any school, training facility, or instructor who offers the training outlined in s. 493.6403(2) for Class "EE" applicants shall, before licensure of such school, training...