Current through Reg. 50, No. 187; September 24, 2024
(1) The department
recognizes the need in certain situations for private investigators from other
states or territories to enter the State of Florida for the purpose of
following-up investigative leads when engaged in investigations originating in
his or her state of licensure. Accordingly, the department establishes the
following criteria for reciprocity agreements with other states or territories:
(a) The licensure requirements of the other
state or territory must be substantially similar to or greater than those
established in Chapter 493, F.S.
(b) The other state or territory's
Commissioner of Agriculture or other appropriate authority, must agree to
accept service of process for their licensees operating in Florida on a
temporary basis pursuant to a reciprocity agreement.
(2) The following requirements apply to
private investigators and private investigative agencies that are licensed in
states or territories that have entered into reciprocity agreements with the
department, and who seek to temporarily operate in Florida in order to
follow-up on leads originating in their state or territory of licensure.
(a) Prior to conducting investigations in
Florida, private investigators and private investigative agencies shall, in
their state or territory of licensure:
1.
Possess a current, unencumbered license,
2. Have engaged in licensed activities for at
least one year with no disciplinary action against him or her; and,
3. Not be under investigation in such other
state or territory for an offense that would constitute a violation of Chapter
493, F.S.
(b) Private
investigators operating in Florida under a reciprocity agreement shall, in
their home state or territory of licensure, own or be employed by, a private
investigative agency.
(c) Private
investigators and private investigative agencies are allowed to conduct an
investigation in Florida only if the investigation originated in their state or
territory of licensure.
(d)
Investigations shall be limited to no more than 30 days. Investigations
exceeding 30 days must be handled by a private investigative agency licensed in
Florida.
(e) Private investigators
and private investigative agencies shall not solicit private investigative
business or advertise investigative services while operating in
Florida.
(f) Out-of-state private
investigators are prohibited from carrying firearms while conducting
professional investigative services in Florida.
(g) When performing private investigations in
Florida, investigators and investigative agencies are subject to the provisions
of Chapter 493, F.S., and the rules promulgated
thereunder.
Rulemaking Authority 493.6109 FS. Law Implemented 493.6109
FS.
New 12-11-16.
