FLORIDA PROCESS SERVER SERVICES
Telephone a Licensed Process Server : 561. 447. 7638
E-Mail a Private Process Server: info@AceFLA.com Florida Private Process Server Service
Deliver and Serving Orders, Summonses, Writs, Order to Show Cause, Civil and Criminal actions and Subpoena Services
Florida Licensed, Certified and Appointed Process Services
Florida Cities Where Our Private Process Servers Provide Services (alphabetically listed): Ace Process Service, Ace Process Servers, Ace Process Serving Services; Apopka Process Servers, Atlantis Florida Process Server , Aventura Florida Process Server, Bal Harbour Florida Process Server , Bay Harbor Islands Florida Process Server , Belle Glade Florida Process Server, Boca Raton Florida Process Server Boca Florida Process Server Boynton Beach Florida Process Server, Brickell Florida Process Server, Briny Breezes Florida Process Server , Carl Fisher Florida Process Server , Carol City Florida Process Server , City of Sunrise Florida Process Server , Cloud Lake Florida Process Server , Coconut Creek Florida Process Server , Coconut Grove Florida Process Server, Cooper City Florida Process Server , Coral Gables Florida Process Server , Coral Springs Florida Process Server , Dania Florida Process Server , Davie Florida Process Server , Deerfield Beach Florida Process Server , Delray Florida Process Server Delray Beach Florida Process Server , Flamingo Lodge Florida Process Server , Florida City Florida Process Server , Fort Lauderdale Florida Process Server , Glen Ridge Florida Process Server , Golf Florida Process Server , Goulds Florida Process Server , Greenacres Florida Process Server , Gulf Stream Florida Process Server , Hallandale Florida Process Server , Haverhill Florida Process Server , Hialeah Florida Process Server , Hialeah Gardens Florida Process Server , Highland Beach Florida Process Server , Hollywood Florida Process Server , Homestead Florida Process Server , Hypoluxo Florida Process Server , Inverrary Florida Process Server , Jacksonville Process Server, Juno Beach Florida Process Server, Jupiter Florida Process Server , Jupiter Inlet Colony Florida Process Server , Kendall Florida Process Server , Key Biscayne Florida Process Server , Key West Process Server, Lake Clarke Shores Florida Process Server , Lake Park Florida Process Server , Lake Worth Florida Process Server , Lantana Florida Process Server , Lauderdale Lakes Florida Process Server , Lauderdale-by-the-Sea Florida Process Server , Lauderhill Florida Process Server , Lighthouse Point Florida Process Server, Ludlam Florida Process Server , Manalapan Florida Process Server , Mangonia Park Florida Process Server , Margate Florida Process Server , Medley Florida Process Server , Miami Florida Process Server , Miami Beach Florida Process Server , Miami Gardens Florida Process Server , Miami Lakes Florida Process Server , Miami Shores Florida Process Server , Miami Springs Florida Process Server , Miramar Florida Process Server , Normandy Florida Process Server , Naples Process Server, North Bay Village Florida Process Server , North Lauderdale Florida Process Server , North Miami Florida Process Server , North Miami Beach Florida Process Server , North Palm Beach Florida Process Server , Oakland Park Florida Process Server , Ocean Ridge Florida Process Server, Ocala Process Servers, Olympia Heights Florida Process Server , Opa Locka Florida Process Server, Pahokee Florida Process Server , Palm Beach Florida Process Server , Palm Beach Gardens Florida Process Server , Palm Beach Shores Florida Process Server , Palm Springs Florida Process Server , Parkland Florida Process Server , Pembroke Park Florida Process Server , Pembroke Pines Florida Process Server , Perrine Florida Process Server , Plantation Florida Process Server , Pompano Beach Florida Process Server , Port Everglades Florida Process Server, Riviera Beach Florida Process Server, Royal Palm Beach Florida Process Server, Sarasota Process Server, Stuart Process Serving, South Beach Florida Process Server, South Florida Florida Process Server, South Miami Florida Process Server, South Palm Beach Florida Process Server, Sunny Isles Beach Florida Process Server, Sunrise Florida Process Server, Sunset Florida Process Server, Surfside Florida Process Server, Sweetwater Florida Process Server, Tallahassee Process Server, Tamarac Florida Process Server, Tampa Process Servers, Tequesta Florida Process Server, Wellington Florida Process Server, West Hollywood Florida Process Server, West Palm Beach Florida Process Server, West Broward Florida Process Server, Weston Florida Process Server, Wilton Manors Florida Process Server , Winter Park Process Servers
Florida Counties Where Our Process Servers Provide Services everyday: Broward County Florida Process Server Services , Palm Beach County Florida Process Server Services, Miami-Dade County Miami Florida Process Server Services and Martin County Process Server Services. We serve process in every city in Florida, just not daily. All Florida cities are covered within five business days. Same day services available upon request.
Florida Process Server Services; Our List of all Process Server Services offered by our agency.
Florida Same Day Service of Process and Rush Process Serving Services available immediately.
Florida Statutes, Chapter 48, Civil Rules and Procedures for and of Process Serving Legal Documents
Florida Process Server Specialized Services: Service of Process upon Florida Registered Agents, Hospitals, Doctors, Medical Offices, Banks, Financial Institutions, Government Agencies, CT Corporation System, NRAI Services, GEO Group, BDB Agents, Corporate Creations Network, AT&T, American Express, Bank of America, AT & T Compliance Center and 1000's of other Florida Entities and Corporations
Florida Process Servers: Florida County Certified Process Servers, Florida County Special Process Servers, Florida Statewide Private Process Servers, Same Day Florida Process Servers, Rush Services Florida Process Servers
Most Frequently Asked Questions about Florida Process Servers
Need your Summons or Subpoena served out of state / anywhere in America? We can assist you! We offer Nationwide Service of Process Services we can arrange for your documents to be served anywhere in the United States and Canada
We offer Private Process Server services to Paralegal Professionals and Attorneys seeking to serve a Witness Subpoena upon a Law Enforcement Agency and or a Law Enforcement Officer.
We specialize in Service of Process to Broward County and Palm Beach Law Enforcement Agencies:
Don't forget about the witness fees! Scroll down to see a list of witness fees for each agency/department!
Aventura Police Department
305-466-8989 - 19200 W Country Club Drive, Aventura
Bal Harbour Police Department
305-866-5000 - 655 96th Street, Bal Harbour
Boca Raton Police Department
561-338-1356 - 100 N.W. Boca Raton Blvd, Boca Raton
B.S.O. - Deputy Locator - Main Liaison
954-831-6276
B.S.O. Airport Satellite Office
954-359-1244 - 200 Terminal Drive, Fort Lauderdale
B.S.O. - Crime Lab
954-831-7320 - 201 S.E. 6th Street, Room 1799, Ft Laud
B.S.O. Dania Beach Satellite Office
954-926-3282 - 100 W. Dania Beach Blvd, Dania Beach
B.S.O., D.U.I. Task Force
954-765-4404 - 633 S. Andrews Ave, # 401, Fort Lauderdale
B.S.O. Deerfield Beach Satellite Office
954-480-4300 - 300 N.E. 2nd Street, Deerfield Beach
B.S.O. Oakland Park Satellite Office
954-561-6111 - 5399 N. Dixie Highway, Fort Lauderdale
B.S.O. Pompano Satellite Office
954-786-2150 - 100 S.W. 3rd Street, Pompano Beach
B.S.O. Port Everglades Satellite Office
954-765-4511 - 1901 Eller Drive, Fort Lauderdale
B.S.O. Weston Satellite Office
954-389-2010 - 17300 Royal Palm Blvd, Weston
Coral Springs Police Department
954-346-1341 - 2801 Coral Springs Drive, Coral Springs
Coconut Creek Police Department
954-956-1451 - 4800 West Copans Road, Coconut Creek
Courthouse - Downtown
County Court - 954-831-6565
Circuit Court - 953-831-7196
Davie Police Department
954-693-8220 - 1230 South Nob Hill Road, Davie
Delray Beach Police Department
561-243-7888 - 300 West Atlantic Avenue, Delray Beach
D.M.V. - Oakland Park B.D.I.
954-714-3552 - 3708 West Oakland Park Blvd, O. Park
DMV - Lake Worth B.D.I.
561-433-3636 - 6316 Lake Worth Blvd, Lake Worth
DMV - Miami B.D.I.
305-643-7639 - 2515 W. Flagler Street, Miami
F.H.P. - Florida Highway Patrol
954-831-6242 - 110 Tower 22nd Floor, Fort Lauderdale
Fort Lauderdale Police Department
954-828-5454 - 1300 West Broward Blvd, Fort Lauderdale
Hallandale Beach Police Department
954-457-1441 - 400 South Federal Highway, Hallandale Beach
Hollywood Police Department
954-967-4480 - 3250 Hollywood Blvd, Hollywood
Lauderhill Police Department
954-497-4700 - 6279 West Oakland Park Blvd, Lauderhill
Margate Police Department
954-972-7111 - 5790 Margate Blvd, Margate
Miami ( City of ) Police Department
305-575-5233 - 1351 N.W. 12th Street, Room 303, Miami
Miami Beach Police Department
305-548-5765 - 1351 N.W. 12th Street, Room 321, Miami
Miami-Dade Police Department
305-548-5788 - 1351 N.W. 12th Street, Room 310, Miami
Miccosukee Police Department
305-279-4596 - P.O. Box 440021 Tamiami Station, Miami
Miramar Police Department
954-602-4000 - 3064 North Commerce Pkwy, Miramar
Pembroke Pines Police Department
954-431-2660 - 9500 Pines Blvd, Pembroke Pines
Plantation Police Department
954-797-2190 - 451 N.W. 70th Terrace, Plantation
Seminole Police Department
954-967-8900 - 3280 North 64th Avenue, Hollywood
Sunrise Police Department
954-746-3600 - 777 Sawgrass Corporate Pkwy, Sunrise
Wilton Manors - Police Department
954-390-2150 - 524 N.E. 21st Court, Wilton Manors
Witness Fees
A Law Enforcement Court Liason can refuse to
accept a Subpoena for several Reasons (besides the
Officer being unavailable) the two most frequent reasons for having a Subpoena refused is:
1. Not giving the Statutory / mandatory 5 business days of notice.
2. Not having a Witness Fee attached to the Subpoena and or an incorrect Witness Fee.
Witness Fees are subject to change without prior notice.
Here is a List of required Witness fee's. Because witness fees vary from agency to agency and frequently change, we urge you to call and confirm the correct witness fee amount before you send us the Subpoena for service.
Aventura - $ 12.00
305-466-8989 - 19200 W Country Club Drive, Aventura
Bal Harbour - $ 10.00
305-866-5000 - 655 96th Street, Bal Harbour
Boca Raton - $ 10.00
561-338-1356 - 100 N.W. Boca Raton Blvd, Boca Raton
BSO - Deputy Locator - Main Liaison
954-831-6276
BSO - Airport - $ 6.00
954-359-1244 - 200 Terminal Drive, Fort Lauderdale
BSO - Crime Lab - $ 6.00
954-831-7320 - 201 S.E. 6th Street, Room 1799, Ft Laud
BSO - Dania Beach - $ 6.00
954-926-3282 - 100 W. Dania Beach Blvd, Dania Beach
BSO - DUI Division - $ 6.00
Closed at Noon Daily.
954-765-4404 - 633 S. Andrews Ave, # 401, Fort Lauderdale
BSO - Deerfield - $ 6.00
954-480-4300 - 300 N.E. 2nd Street, Deerfield Beach
BSO - Oakland Park - $ 6.00
954-561-6111 - 5399 N.Dixie Highway, Fort Lauderdale
BSO - Pompano - $ 6.00
954-786-2150 - 100 S.W. 3rd Street, Pompano Beach
BSO - Port Everglades - $ 6.00
954-765-4511 - 1901 Eller Drive, Fort Lauderdale
BSO - Weston - $ 6.00
954-389-2010 - 17300 Royal Palm Blvd, Weston
Coral Springs - $ 14.60
954-346-1341 - 2801 Coral Springs Drive, Coral Springs
Coconut Creek - No Fee Accepted
Closed Fridays
954-956-1451 - 4800 West Copans Road, Coconut Creek
Broward Courthouse - Downtown
County Court - 954-831-6565
Circuit Court - 953-831-7196
Davie - $ 10.00
954-693-8220 - 1230 South Nob Hill Road, Davie
Delray - $ 10.00
561-243-7888 - 300 West Atlantic Avenue, Delray Beach
DMV - Oakland Park - M-F / 8-5
954-714-3552 - 3708 West Oakland Park Blvd, O. Park
DMV - Lake Worth - M-F / 8-5
561-433-3636 - 6316 Lake Worth Blvd, Lake Worth
DMV - Miami - M-F / 8-5
Will NOT issue while you wait.
305-643-7639 - 2515 W. Flagler Street, Miami
FHP - Florida Hwy Patrol - $ 12.50
Close Daily at 12:30 p.m., Closed Fridays.
954-831-6242 - 110 Tower 22nd Floor, Fort Lauderdale
Fort Lauderdale - $ 8.00
954-828-5454 - 1300 West Broward Blvd, Fort Lauderdale
Hallandale Beach- $ 10.00
954-457-1441 - 400 South Federal Highway, Hallandale Beach
Hollywood - $ 13.90
954-967-4480 - 3250 Hollywood Blvd, Hollywood
Lauderhill - $ 9.00
954-497-4700 - 6279 West Oakland Park Blvd, Lauderhill
Margate - $ 10.00
954-972-7111 - 5790 Margate Blvd, Margate
Miami ( City of ) - $ 8.00
305-575-5233 - 1351 N.W. 12th Street, Room 303, Miami
West Palm Beach (Sheriff's Office)
Gun Club Road
FLORIDA CHAPTER 48
PROCESS AND SERVICE OF PROCESS RULES, CIVIL PROCEDURES AND REGULATIONS
48.011 Process; how directed.
48.021 Process; by whom served.
48.031 Service of process generally; service of witness subpoenas.
48.041 Service on minor.
48.042 Service on incompetent.
48.051 Service on state prisoners.
48.061 Service on partnerships and limited partnerships.
48.071 Service on agents of nonresidents doing business in the state.
48.081 Service on corporation.
48.091 Corporations; designation of registered agent and registered office.
48.101 Service on dissolved corporations.
48.111 Service on public agencies and officers.
48.121 Service on the state.
48.131 Service on alien property custodian.
48.141 Service on labor unions.
48.151 Service on statutory agents for certain persons.
48.161 Method of substituted service on nonresident.
48.171 Service on nonresident motor vehicle owners, etc.
48.181 Service on nonresident engaging in business in state.
48.183 Service of process in action for possession of premises.
48.19 Service on nonresidents operating aircraft or watercraft in the state.
48.193 Acts subjecting person to jurisdiction of courts of state.
48.194 Personal service outside state.
48.195 Service of foreign process.
48.196 Service of process in connection with actions under the Florida International Arbitration Act.
48.20 Service of process on Sunday.
48.21 Return of execution of process.
48.22 Cumulative to other laws.
48.23 Lis pendens.
48.25 Short title.
48.27 Certified process servers.
48.29 Certification of process servers.
48.31 Removal of certified process servers; false return of service.
48.011 Process; how directed.--Summons, subpoenas, and other process in civil actions run throughout the state. All process except subpoenas shall be directed to all and singular the sheriffs of the state.
History.--s. 1, ch. 4397, 1895; GS 1397; RGS 2594; CGL 4234; s. 2, ch. 29737, 1955; s. 4, ch. 67-254.
Note.--Former s. 47.08.
48.021 Process; by whom served.--
(1) All process shall be served by the sheriff of the county where the person to be served is found, except initial nonenforceable civil process, Summones,criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided for in this section or by a certified process server as provided for in ss. 48.25-48.31. Civil witness subpoenas may be served by any person authorized by rules of civil procedure.
(2)(a) The sheriff of each county may, in his or her discretion, establish an approved list of natural persons designated as special process servers. The sheriff shall add to such list the names of those natural persons who have met the requirements provided for in this section. Each natural person whose name has been added to the approved list is subject to annual recertification and reappointment by the sheriff. The sheriff shall prescribe an appropriate form for application for appointment. A reasonable fee for the processing of the application shall be charged.
(b) A person applying to become a special process server shall:
1. Be at least 18 years of age.
2. Have no mental or legal disability.
3. Be a permanent resident of the state.
4. Submit to a background investigation that includes the right to obtain and review the criminal record of the applicant.
5. Obtain and file with the application a certificate of good conduct that specifies there is no pending criminal case against the applicant and that there is no record of any felony conviction, nor a record of a misdemeanor involving moral turpitude or dishonesty, with respect to the applicant within the past 5 years.
6. Submit to an examination testing the applicant's knowledge of the laws and rules regarding the service of process. The content of the examination and the passing grade thereon, and the frequency and the location at which the examination is offered must be prescribed by the sheriff. The examination must be offered at least once annually.
7. Take an oath that the applicant will honestly, diligently, and faithfully exercise the duties of a special process server.
(c) The sheriff may prescribe additional rules and requirements directly related to subparagraphs (b)1.-7. regarding the eligibility of a person to become a special process server or to have his or her name maintained on the list of special process servers.
(d) An applicant who completes the requirements of this section must be designated as a special process server provided that the sheriff of the county has determined that the appointment of special process servers is necessary or desirable. Each special process server must be issued an identification card bearing his or her identification number, printed name, signature and photograph, and an expiration date. Each identification card must be renewable annually upon proof of good standing.
(e) The sheriff shall have the discretion to revoke an appointment at any time that he or she determines a special process server is not fully and properly discharging the duties as a special process server. The sheriff shall institute a program to determine whether the special process servers appointed as provided for in this section are faithfully discharging their duties pursuant to such appointment, and a reasonable fee may be charged for the costs of administering such program.
(3) A special process server appointed in accordance with this section shall be authorized to serve process in only the county in which the sheriff who appointed him or her resides and may charge a reasonable fee for his or her services.
(4) Any special process server shall be disinterested in any process he or she serves; and if the special process server willfully and knowingly executes a false return of service or otherwise violates the oath of office, he or she shall be guilty of a felony of the third degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in Florida.
History.--s. 16, July 22, 1845; s. 1, ch. 3721, 1887; RS 1014, 1246; GS 1401; RGS 2598; s. 1, ch. 9318, 1923; CGL 4238; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 1, ch. 76-263; s. 2, ch. 79-396; s. 1, ch. 81-266; s. 1, ch. 88-135; s. 2, ch. 91-306; s. 268, ch. 95-147; s. 16, ch. 98-34; s. 2, ch. 2009-215.
Note.--Former s. 47.12.
48.031 Service of process generally; service of witness subpoenas.--
(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.
(b) Employers, when contacted by an individual authorized to make service of process, shall permit the authorized individual to make service on employees in a private area designated by the employer.
(2)(a) Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person to be served, if the spouse requests such service, and if the spouse and person to be served are residing together in the same dwelling.
(b) Substitute service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by serving the person in charge of the business at the time of service if two or more attempts to serve the owner have been made at the place of business.
(3)(a) The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the witness's required appearance. Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court.
(b) A criminal witness subpoena may be posted by a person authorized to serve process at the witness's residence if three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed. The subpoena must be posted at least 5 days prior to the date of the witness's required appearance.
(4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness's place of employment if the agency head or highest ranking official at the witness's place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:
1. For a witness who is no longer employed by the agency at that place of employment;
2. If the witness is not scheduled to work prior to the date the witness is required to appear; or
3. If the appearance date is less than 5 days from the date of service.
The agency head or highest ranking official at the witness's place of employment may determine the days of the week and the hours that service may be made at the witness's place of employment.
(b) Service may also be made in accordance with subsection (3) provided that the person who requests the issuance of the criminal witness subpoena shall be responsible for mailing the subpoena in accordance with that subsection and for making the proper return of service to the court.
(5) A person serving process shall place, on the copy served, the date and time of service and his or her identification number and initials for all service of process.
(6) If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines that the person to be served maintains a mailbox at that location.
History.--s. 5, Nov. 23, 1828; RS 1015; GS 1402; RGS 2599; CGL 4246; s. 6, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 75-34; s. 3, ch. 79-396; s. 3, ch. 82-118; s. 1, ch. 84-339; s. 7, ch. 85-80; s. 2, ch. 87-405; s. 6, ch. 93-208; s. 269, ch. 95-147; s. 1, ch. 95-172; s. 1, ch. 98-410; s. 1, ch. 2004-273.
Note.--Former s. 47.13.
48.041 Service on minor.--
(1) Process against a minor who has never been married shall be served:
(a) By serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.
(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.
(2) In all cases heretofore adjudicated in which process was served on a minor as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor.
History.--ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270, ch. 95-147.
Note.--Former ss. 47.23-47.25.
48.042 Service on incompetent.--
(1) Process against an incompetent shall be served:
(a) By serving two copies of the process to the person who has care or custody of the incompetent or, when there is a legal guardian appointed for the incompetent, by serving the guardian as provided in s. 48.031.
(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the incompetent. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.
(2) In all cases heretofore adjudicated in which process was served on an incompetent as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the incompetent.
History.--s. 2, ch. 84-176; s. 271, ch. 95-147.
48.051 Service on state prisoners.--Process against a state prisoner shall be served on the prisoner.
History.--s. 30, ch. 3883, 1889; RS 3043; GS 4124; RGS 6243; CGL 8580; s. 1, ch. 21992, 1943; s. 1, ch. 25041, 1949; s. 44, ch. 57-121; s. 4, ch. 67-254; ss. 19, 35, ch. 69-106; s. 13, ch. 71-355.
Note.--Former s. 47.26.
48.061 Service on partnerships and limited partnerships.--
(1) Process against a partnership shall be served on any partner and is as valid as if served on each individual partner. If a partner is not available during regular business hours to accept service on behalf of the partnership, he or she may designate an employee to accept such service. After one attempt to serve a partner or designated employee has been made, process may be served on the person in charge of the partnership during regular business hours. After service on any partner, plaintiff may proceed to judgment and execution against that partner and the assets of the partnership. After service on a designated employee or other person in charge, plaintiff may proceed to judgment and execution against the partnership assets but not against the individual assets of any partner.
(2) Process against a domestic limited partnership may be served on any general partner or on the agent for service of process specified in its certificate of limited partnership or in its certificate as amended or restated and is as valid as if served on each individual member of the partnership. After service on a general partner or the agent, the plaintiff may proceed to judgment and execution against the limited partnership and all of the general partners individually. If a general partner cannot be found in this state and service cannot be made on an agent because of failure to maintain such an agent or because the agent cannot be found or served with the exercise of reasonable diligence, service of process may be effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181. Service of process may be made under ss. 48.071 and 48.21 on limited partnerships.
(3) Process against a foreign limited partnership may be served on any general partner found in the state or on any agent for service of process specified in its application for registration and is as valid as if served on each individual member of the partnership. If a general partner cannot be found in this state and an agent for service of process has not been appointed or, if appointed, the agent's authority has been revoked or the agent cannot be found or served with the exercise of reasonable diligence, service of process may be effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181, or process may be served as provided in ss. 48.071 and 48.21.
History.--s. 13, Nov. 23, 1828; RS 1017; GS 1404; RGS 2601; CGL 4248; s. 4, ch. 67-254; s. 74, ch. 86-263; s. 3, ch. 87-405; s. 272, ch. 95-147.
Note.--Former s. 47.15.
48.071 Service on agents of nonresidents doing business in the state.--When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on the person who is in charge of any business in which the defendant is engaged within this state at the time of service, including agents soliciting orders for goods, wares, merchandise or services. Any process so served is as valid as if served personally on the nonresident person or partnership engaging in business in this state in any action against the person or partnership arising out of such business. A copy of such process with a notice of service on the person in charge of such business shall be sent forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return day or within such further time as the court may allow.
History.--s. 1, ch. 59-280; s. 4, ch. 67-254; s. 273, ch. 95-147.
Note.--Former s. 47.161.
48.081 Service on corporation.--
(1) Process against any private corporation, domestic or foreign, may be served:
(a) On the president or vice president, or other head of the corporation;
(b) In the absence of any person described in paragraph (a), on the cashier, treasurer, secretary, or general manager;
(c) In the absence of any person described in paragraph (a) or paragraph (b), on any director; or
(d) In the absence of any person described in paragraph (a), paragraph (b), or paragraph (c), on any officer or business agent residing in the state.
(2) If a foreign corporation has none of the foregoing officers or agents in this state, service may be made on any agent transacting business for it in this state.
(3)(a) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered agent because of failure to comply with s. 48.091, service of process shall be permitted on any employee at the corporation's principal place of business or on any employee of the registered agent.
(b) If the address provided for the registered agent, officer, director, or principal place of business is a residence or private mailbox, service on the corporation may be made by serving the registered agent, officer, or director in accordance with s. 48.031.
(4) This section does not apply to service of process on insurance companies.
(5) When a corporation engages in substantial and not isolated activities within this state, or has a business office within the state and is actually engaged in the transaction of business therefrom, service upon any officer or business agent while on corporate business within this state may personally be made, pursuant to this section, and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of any transaction or operation connected with or incidental to the business being transacted within the state.
History.--s. 8, Nov. 21, 1829; s. 2, Feb. 11, 1834; s. 1, ch. 3590, 1885; RS 1019; GS 1406; s. 1, ch. 6908, 1915; s. 1, ch. 7752, 1918; RGS 2604; CGL 4251; s. 1, ch. 57-97; ss. 1, 2, 3, ch. 59-46; s. 4, ch. 67-254; s. 1, ch. 67-399; s. 6, ch. 79-396; s. 7, ch. 83-216; s. 1, ch. 84-2; s. 2, ch. 2004-273.
Note.--Former s. 47.17.
48.091 Corporations; designation of registered agent and registered office.--
(1) Every Florida corporation and every foreign corporation now qualified or hereafter qualifying to transact business in this state shall designate a registered agent and registered office in accordance with chapter 607.
(2) Every corporation shall keep the registered office open from 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays, and shall keep one or more registered agents on whom process may be served at the office during these hours. The corporation shall keep a sign posted in the office in some conspicuous place designating the name of the corporation and the name of its registered agent on whom process may be served.
History.--ss. 1, 2, 11, 13, 14, ch. 11829, 1927; CGL 4257, 4258, 4267, 4269, 4270; ss. 1, 2, ch. 20842, 1941; s. 1, ch. 29873, 1955; s. 24, ch. 57-1; s. 1, ch. 63-241; s. 1, ch. 65-32; s. 4, ch. 67-254; s. 2, ch. 67-562; ss. 10, 35, ch. 69-106; s. 3, ch. 71-114; s. 1, ch. 71-269; s. 28, ch. 71-377; s. 1, ch. 76-209.
Note.--Former ss. 47.34, 47.35, 47.42, 47.43, 47.45, 47.50.
48.101 Service on dissolved corporations.--Process against the directors of any corporation which was dissolved before July 1, 1990, as trustees of the dissolved corporation shall be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof. Process against any other dissolved corporation shall be served in accordance with s. 48.081.
History.--s. 1, ch. 19064, 1939; CGL 1940 Supp. 4251(1); s. 4, ch. 67-254; s. 3, ch. 97-230.
Note.--Former s. 47.22.
48.111 Service on public agencies and officers.--
(1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served:
(a) On the president, mayor, chair, or other head thereof; and in his or her absence;
(b) On the vice president, vice mayor, or vice chair, or in the absence of all of the above;
(c) On any member of the governing board, council, or commission.
(2) Process against any public agency, board, commission, or department not a body corporate or having a governing board or commission shall be served on the public officer being sued or the chief executive officer of the agency, board, commission, or department.
(3) In any suit in which the Department of Revenue or its successor is a party, process against the department shall be served on the executive director of the department. This procedure is to be in lieu of any other provision of general law, and shall designate said department to be the only state agency or department to be so served.
History.--ss. 1, 2, ch. 3242, 1881; RS 581, 1021, 1022; GS 774, 1408, 1409; RGS 1494, 2606, 2607; CGL 2203, 4253, 4254; s. 4, ch. 67-254; s. 1, ch. 73-73; s. 8, ch. 83-216; s. 274, ch. 95-147.
Note.--Former ss. 47.20, 47.21.
48.121 Service on the state.--When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General. The state may serve motions or pleadings within 40 days after service is made. This section is not intended to authorize the joinder of the Attorney General or a state attorney as a party in such suit or prosecution.
History.--s. 2, ch. 29724, 1955; s. 4, ch. 67-254; s. 7, ch. 2001-266.
Note.--Former s. 69.18.
48.131 Service on alien property custodian.--In every action or proceeding in any court or before any administrative board involving real, personal, or mixed property, or any interest therein, when service of process or notice is required or directed to be made upon any person, firm or corporation located, or believed to be located, within any country or territory in the possession of or under the control of any country between which and the United States a state of war exists, in addition to the giving of the notice or service of process, a copy of the notice or process shall be sent by registered or certified mail to the alien property custodian, addressed to him or her at Washington, District of Columbia; but failure to mail a copy of the notice or process to the alien property custodian does not invalidate the action or proceeding.
History.--s. 1, ch. 22074, 1943; s. 4, ch. 67-254; s. 275, ch. 95-147.
Note.--Former s. 47.51.
48.141 Service on labor unions.--Process against labor organizations shall be served on the president or other officer, business agent, manager or person in charge of the business of such labor organization.
History.--s. 4, ch. 67-254.
48.151 Service on statutory agents for certain persons.--
(1) When any law designates a public officer, board, agency, or commission as the agent for service of process on any person, firm, or corporation, service of process thereunder shall be made by leaving two copies of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing said copies to the public officer, board, agency, or commission. The public officer, board, agency, or commission so served shall file one copy in his or her or its records and promptly send the other copy, by registered or certified mail, to the person to be served as shown by his or her or its records. Proof of service on the public officer, board, agency, or commission shall be by a notice accepting the process which shall be issued by the public officer, board, agency, or commission promptly after service and filed in the court issuing the process. The notice accepting service shall state the date upon which the copy of the process was mailed by the public officer, board, agency, or commission to the person being served and the time for pleading prescribed by the rules of procedure shall run from this date. The service is valid service for all purposes on the person for whom the public officer, board, agency, or commission is statutory agent for service of process.
(2) This section does not apply to substituted service of process on nonresidents.
(3) The Chief Financial Officer or his or her assistant or deputy or another person in charge of the office is the agent for service of process on all insurers applying for authority to transact insurance in this state, all licensed nonresident insurance agents, all nonresident disability insurance agents licensed pursuant to s. 626.835, any unauthorized insurer under s. 626.906 or s. 626.937, domestic reciprocal insurers, fraternal benefit societies under chapter 632, warranty associations under chapter 634, prepaid limited health service organizations under chapter 636, and persons required to file statements under s. 628.461.
(4) The Director of the Office of Financial Regulation of the Financial Services Commission is the agent for service of process for any issuer as defined in s. 517.021, or any dealer, investment adviser, or associated person registered with that office, for any violation of any provision of chapter 517.
(5) The Secretary of State is the agent for service of process for any retailer, dealer or vendor who has failed to designate an agent for service of process as required under s. 212.151 for violations of chapter 212.
History.--s. 4, ch. 67-254; ss. 10, 12, 13, 35, ch. 69-106; s. 14, ch. 71-355; s. 29, ch. 71-377; s. 2, ch. 76-100; s. 16, ch. 79-164; s. 4, ch. 83-215; s. 1, ch. 87-316; s. 10, ch. 90-248; s. 276, ch. 95-147; s. 100, ch. 2003-261.
48.161 Method of substituted service on nonresident.--
(1) When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts by serving a public officer designated by law shall be made by leaving a copy of the process with a fee of $8.75 with the public officer or in his or her office or by mailing the copies by certified mail to the public officer with the fee. The service is sufficient service on a defendant who has appointed a public officer as his or her agent for the service of process. Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his or her attorney to the defendant, and the defendant's return receipt and the affidavit of the plaintiff or his or her attorney of compliance shall be filed on or before the return day of the process or within such time as the court allows, or the notice and copy shall be served on the defendant, if found within the state, by an officer authorized to serve legal process, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found. The officer's return showing service shall be filed on or before the return day of the process or within such time as the court allows. The fee paid by the plaintiff to the public officer shall be taxed as cost if he or she prevails in the action. The public officer shall keep a record of all process served on him or her showing the day and hour of service.
(2) If any person on whom service of process is authorized under subsection (1) dies, service may be made on his or her administrator, executor, curator, or personal representative in the same manner.
(3) This section does not apply to persons on whom service is authorized under s. 48.151.
(4) The public officer may designate some other person in his or her office to accept service.
History.--ss. 2, 4, ch. 17254, 1935; CGL 1936 Supp. 4274 (8), (10); s. 1, ch. 59-382; s. 4, ch. 67-254; s. 4, ch. 71-114; s. 1, ch. 71-308; s. 57, ch. 90-132; s. 277, ch. 95-147.
Note.--Former ss. 47.30, 47.32.
48.171 Service on nonresident motor vehicle owners, etc.--Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated, or of permitting any motor vehicle owned, or leased, or controlled by him or her to be operated with his or her knowledge, permission, acquiescence, or consent, within the state, or any resident of this state, being the licensed operator or owner of or the lessee, or otherwise entitled to control any motor vehicle under the laws of this state, who becomes a nonresident or conceals his or her whereabouts, by the acceptance or licensure and by the operation of the motor vehicle, either in person, or by or through his or her servants, agents, or employees, or by persons with his or her knowledge, acquiescence, and consent within the state constitutes the Secretary of State his or her agent for the service of process in any civil action begun in the courts of the state against such operator or owner, lessee, or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.
History.--s. 1, ch. 17254, 1935; CGL 1936 Supp. 4274(7); ss. 1, 2, ch. 25003, 1949; s. 4, ch. 67-254; s. 278, ch. 95-147.
Note.--Former s. 47.29.
48.181 Service on nonresident engaging in business in state.--
(1) The acceptance by any person or persons, individually or associated together as a copartnership or any other form or type of association, who are residents of any other state or country, and all foreign corporations, and any person who is a resident of the state and who subsequently becomes a nonresident of the state or conceals his or her whereabouts, of the privilege extended by law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in the state, or to have an office or agency in the state, constitutes an appointment by the persons and foreign corporations of the Secretary of State of the state as their agent on whom all process in any action or proceeding against them, or any of them, arising out of any transaction or operation connected with or incidental to the business or business venture may be served. The acceptance of the privilege is signification of the agreement of the persons and foreign corporations that the process against them which is so served is of the same validity as if served personally on the persons or foreign corporations.
(2) If a foreign corporation has a resident agent or officer in the state, process shall be served on the resident agent or officer.
(3) Any person, firm, or corporation which sells, consigns, or leases by any means whatsoever tangible or intangible personal property, through brokers, jobbers, wholesalers, or distributors to any person, firm, or corporation in this state is conclusively presumed to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business or business venture in this state.
History.--s. 1, ch. 6224, 1911; RGS 2602; CGL 4249; s. 1, ch. 26657, 1951; s. 1, ch. 57-747; s. 4, ch. 67-254; s. 2, ch. 84-2; s. 279, ch. 95-147.
Note.--Former s. 47.16.
48.183 Service of process in action for possession of premises.--
(1) In an action for possession of any residential premises, including those under chapters 83, 723, and 513, or nonresidential premises, if the tenant cannot be found in the county or there is no person 15 years of age or older residing at the tenant's usual place of abode in the county after at least two attempts to obtain service as provided above in this subsection, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons. The minimum time delay between the two attempts to obtain service shall be 6 hours. Nothing herein shall be construed as prohibiting service of process on a tenant as is otherwise provided on defendants in civil cases.
(2) If a landlord causes or anticipates causing a defendant to be served with a summons and complaint solely by attaching them to some conspicuous place on the property described in the complaint or summons, the landlord shall provide the clerk of the court with an additional copy of the complaint and a prestamped envelope addressed to the defendant at the premises involved in the proceeding. The clerk of the court shall immediately mail the copy of the summons and complaint by first-class mail, note the fact of mailing in the docket, and file a certificate in the court file of the fact and date of mailing. Service shall be effective on the date of posting or mailing, whichever occurs later, and at least 5 days must elapse from the date of service before a judgment for final removal of the defendant may be entered.
History.--s. 4, ch. 73-330; s. 1, ch. 75-34; s. 1, ch. 83-39; s. 2, ch. 84-339; s. 4, ch. 87-405; s. 1, ch. 88-379; s. 3, ch. 94-170; s. 2, ch. 98-410; s. 1, ch. 2003-263.
48.19 Service on nonresidents operating aircraft or watercraft in the state.--The operation, navigation, or maintenance by a nonresident of an aircraft or a boat, ship, barge, or other watercraft in the state, either in person or through others, and the acceptance thereby by the nonresident of the protection of the laws of this state for the aircraft or watercraft, or the operation, navigation, or maintenance by a nonresident of an aircraft or a boat, ship, barge, or other watercraft in the state, either in person or through others, other than under the laws of the state, or any person who is a resident of the state and who subsequently becomes a nonresident or conceals his or her whereabouts, constitutes an appointment by the nonresident of the Secretary of State as the agent of the nonresident or concealed person on whom all process may be served in any action or proceeding against the nonresident or concealed person growing out of any accident or collision in which the nonresident or concealed person may be involved while, either in person or through others, operating, navigating, or maintaining an aircraft or a boat, ship, barge, or other watercraft in the state. The acceptance by operation, navigation, or maintenance in the state of the aircraft or watercraft is signification of the nonresident's or concealed person's agreement that process against him or her so served shall be of the same effect as if served on him or her personally.
History.--s. 1, ch. 59-148; s. 1, ch. 65-118; s. 4, ch. 67-254; s. 2, ch. 70-90; s. 280, ch. 95-147.
Note.--Former s. 47.162.
48.193 Acts subjecting person to jurisdiction of courts of state.--
(1) Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following acts:
(a) Operating, conducting, engaging in, or carrying on a business or business venture in this state or having an office or agency in this state.
(b) Committing a tortious act within this state.
(c) Owning, using, possessing, or holding a mortgage or other lien on any real property within this state.
(d) Contracting to insure any person, property, or risk located within this state at the time of contracting.
(e) With respect to a proceeding for alimony, child support, or division of property in connection with an action to dissolve a marriage or with respect to an independent action for support of dependents, maintaining a matrimonial domicile in this state at the time of the commencement of this action or, if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not. This paragraph does not change the residency requirement for filing an action for dissolution of marriage.
(f) Causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state, if, at or about the time of the injury, either:
1. The defendant was engaged in solicitation or service activities within this state; or
2. Products, materials, or things processed, serviced, or manufactured by the defendant anywhere were used or consumed within this state in the ordinary course of commerce, trade, or use.
(g) Breaching a contract in this state by failing to perform acts required by the contract to be performed in this state.
(h) With respect to a proceeding for paternity, engaging in the act of sexual intercourse within this state with respect to which a child may have been conceived.
(2) A defendant who is engaged in substantial and not isolated activity within this state, whether such activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.
(3) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194. The service shall have the same effect as if it had been personally served within this state.
(4) If a defendant in his or her pleadings demands affirmative relief on causes of action unrelated to the transaction forming the basis of the plaintiff's claim, the defendant shall thereafter in that action be subject to the jurisdiction of the court for any cause of action, regardless of its basis, which the plaintiff may by amendment assert against the defendant.
(5) Nothing contained in this section limits or affects the right to serve any process in any other manner now or hereinafter provided by law.
History.--s. 1, ch. 73-179; s. 3, ch. 84-2; s. 3, ch. 88-176; s. 3, ch. 93-250; s. 281, ch. 95-147.
48.194 Personal service outside state.--
(1) Except as otherwise provided herein, service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served. No order of court is required. An affidavit of the officer shall be filed, stating the time, manner, and place of service. The court may consider the affidavit, or any other competent evidence, in determining whether service has been properly made. Service of process on persons outside the United States may be required to conform to the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
(2) Where in rem or quasi in rem relief is sought in a foreclosure proceeding as defined by s. 702.09, service of process on a person outside of this state where the address of the person to be served is known may be made by registered mail as follows:
(a) The party's attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.
(b) The envelope shall be placed in the mail as registered mail.
(c) Service under this subsection shall be considered obtained upon the signing of the return receipt by the person allowed to be served by law.
(3) If the registered mail which is sent as provided for in subsection (2) is returned with an endorsement or stamp showing "refused," the party's attorney or the party, if the party is not represented by an attorney, may serve original process by first-class mail. The failure to claim registered mail is not refusal of service within the meaning of this subsection. Service of process pursuant to this subsection shall be perfected as follows:
(a) The party's attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.
(b) The envelope shall be mailed by first-class mail with the return address of the party's attorney or the party, if the party is not represented by an attorney, on the envelope.
(c) Service under this subsection shall be considered obtained upon the mailing of the envelope.
(4) If service of process is obtained under subsection (2), the party's attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process; the fact that the process was mailed registered mail return receipt requested; who signed the return receipt, if known, and the basis for that knowledge; and the relationship between the person who signed the receipt and the person to be served, if known, and the basis for that knowledge. The return receipt from the registered mail shall be attached to the affidavit. If service of process is perfected under subsection (3), the party's attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process that was mailed by registered mail; the fact that the process was mailed registered mail and was returned with the endorsement or stamp "refused"; the date, if known, the process was "refused"; the date on which the process was mailed by first-class mail; the name and address on the envelope containing the process that was mailed by first-class mail; and the fact that the process was mailed by first-class mail with a return address of the party or the party's attorney on the envelope. The return envelope from the attempt to mail process by registered mail and the return envelope, if any, from the attempt to mail the envelope by first-class mail shall be attached to the affidavit.
History.--s. 1, ch. 73-179; s. 4, ch. 93-250; s. 7, ch. 97-278.
48.195 Service of foreign process.--
(1) The service of process issued by a court of a state other than Florida may be made by the sheriffs of this state in the same manner as service of process issued by Florida courts. The provisions of this section shall not be interpreted to permit a sheriff to take any action against personal property, real property, or persons.
(2) An officer serving such foreign process shall be deemed as acting in the performance of his or her duties for the purposes of ss. 30.01, 30.02, 843.01, and 843.02, but shall not be held liable as provided in s. 839.19 for failure to execute any process delivered to him or her for service.
(3) The sheriffs shall be entitled to charge fees for the service of foreign process, and the fees shall be the same as fees for the service of comparable process for the Florida courts. When the service of foreign process requires duties to be performed in excess of those required by Florida courts, the sheriff may perform the additional duties and may collect reasonable additional compensation for the additional duties performed.
History.--s. 7, ch. 79-396; s. 36, ch. 81-259; s. 11, ch. 91-45; s. 282, ch. 95-147.
48.196 Service of process in connection with actions under the Florida International Arbitration Act.--
(1) Any process in connection with the commencement of an action before the courts of this state under chapter 684, the Florida International Arbitration Act, shall be served:
(a) In the case of a natural person, by service upon:
1. That person;
2. Any agent for service of process appointed in, or pursuant to, any applicable agreement or by operation of any law of this state; or
3. Any person authorized by the law of the jurisdiction where process is being served to accept service for that person.
(b) In the case of any person other than a natural person, by service upon:
1. Any agent for service of process appointed in, or pursuant to, any applicable agreement or by operation of any law of this state;
2. Any person authorized by the law of the jurisdiction where process is being served to accept service for that person; or
3. Any person, whether natural or otherwise and wherever located, who by operation of law or internal action is an officer, business agent, director, general partner, or managing agent or director of the person being served; or
4. Any partner, joint venturer, member or controlling shareholder, wherever located, of the person being served, if the person being served does not by law or internal action have any officer, business agent, director, general partner, or managing agent or director.
(2) The process served under subsection (1) shall include a copy of the application to the court together with all attachments thereto and shall be served in the following manner:
(a) In any manner agreed upon, whether service occurs within or without this state;
(b) If service is within this state:
1. In the manner provided in ss. 48.021 and 48.031, or
2. If applicable under their terms, in the manner provided in ss. 48.161, 48.183, 48.23, or chapter 49; or
(c) If service is outside this state:
1. By personal service by any person authorized to serve process in the jurisdiction where service is being made or by any person appointed to do so by any competent court in that jurisdiction;
2. In any other manner prescribed by the laws of the jurisdiction where service is being made for service in an action before a local court of competent jurisdiction;
3. In the manner provided in any applicable treaty to which the United States is a party;
4. In the manner prescribed by order of the court;
5. By any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the person being served; or
6. If applicable, in the manner provided in chapter 49.
(3) No order of the court is required for service of process outside this state. The person serving process shall make proof of service to the court by affidavit or as prescribed by the law of the jurisdiction where process is being served or as prescribed in an order of the court. Such proof shall be made prior to expiration of the time within which the person served must respond. If service is by mail, the proof of service shall state the date and place of mailing and shall include a receipt signed by the addressee or other evidence of delivery satisfactory to the court.
History.--s. 2, ch. 86-266.
48.20 Service of process on Sunday.--Service or execution on Sunday of any writ, process, warrant, order, or judgment is void and the person serving or executing, or causing it to be served or executed, is liable to the party aggrieved for damages for so doing as if he or she had done it without any process, writ, warrant, order, or judgment. If affidavit is made by the person requesting service or execution that he or she has good reason to believe that any person liable to have any such writ, process, warrant, order, or judgment served on him or her intends to escape from this state under protection of Sunday, any officer furnished with an order authorizing service or execution by the trial court judge may serve or execute such writ, process, warrant, order, or judgment on Sunday, and it is as valid as if it had been done on any other day.
History.--s. 44, Nov. 23, 1828; RS 1025; GS 1413; RGS 2611; CGL 4275; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 283, ch. 95-147; s. 5, ch. 2004-11.
Note.--Former s. 47.46.
48.21 Return of execution of process.--Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served and, if the person is served in a representative capacity, the position occupied by the person. A failure to state the foregoing facts invalidates the service, but the return is amendable to state the truth at any time on application to the court from which the process issued. On amendment, service is as effective as if the return had originally stated the omitted facts. A failure to state all the facts in the return shall subject the person effecting service to a fine not exceeding $10, in the court's discretion.
History.--s. 18, Nov. 23, 1828; RS 1026; GS 1414; RGS 2612; CGL 4276; s. 4, ch. 67-254; s. 4, ch. 94-170; s. 1356, ch. 95-147; s. 3, ch. 2004-273.
Note.--Former s. 47.47.
48.22 Cumulative to other laws.--All provisions of this chapter are cumulative to other provisions of law or rules of court about service of process, and all other provisions about service of process are cumulative to this chapter.
History.--s. 9, ch. 11829, 1927; CGL 4265; s. 7, ch. 22858, 1945; s. 4, ch. 67-254.
Note.--Former ss. 47.33, 47.44.
48.23 Lis pendens.--
(1)(a) An action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby only if a notice of lis pendens is recorded in the official records of the county where the property is located and such notice has not expired pursuant to subsection (2) or been withdrawn or discharged.
(b)1. An action that is filed for specific performance or that is not based on a duly recorded instrument has no effect, except as between the parties to the proceeding, on the title to, or on any lien upon, the real or personal property unless a notice of lis pendens has been recorded and has not expired or been withdrawn or discharged.
2. Any person acquiring for value an interest in the real or personal property during the pendency of an action described in subparagraph 1., other than a party to the proceeding or the legal successor by operation of law, or personal representative, heir, or devisee of a deceased party to the proceeding, shall take such interest exempt from all claims against the property that were filed in such action by the party who failed to record a notice of lis pendens or whose notice expired or was withdrawn or discharged, and from any judgment entered in the proceeding, notwithstanding the provisions of s. 695.01, as if such person had no actual or constructive notice of the proceeding or of the claims made therein or the documents forming the causes of action against the property in the proceeding.
(c)1. A notice of lis pendens must contain the following:
a. The names of the parties.
b. The date of the institution of the action, the date of the clerk's electronic receipt, or the case number of the action.
c. The name of the court in which it is pending.
d. A description of the property involved or to be affected.
e. A statement of the relief sought as to the property.
2. In the case of any notice of lis pendens filed on the same date as the pleading upon which the notice is based, the clerk's notation of the date of receipt on the notice shall satisfy the requirement that the notice contain the date of the institution of the action.
(d) Except for the interest of persons in possession or easements of use, the recording of such notice of lis pendens, provided that during the pendency of the proceeding it has not expired pursuant to subsection (2) or been withdrawn or discharged, constitutes a bar to the enforcement against the property described in the notice of all interests and liens, including, but not limited to, federal tax liens and levies, unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien intervenes in such proceedings within 30 days after the recording of the notice. If the holder of any such unrecorded interest or lien does not intervene in the proceedings and if such proceedings are prosecuted to a judicial sale of the property described in the notice, the property shall be forever discharged from all such unrecorded interests and liens. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien.
(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property involved, except when the court extends the time of expiration on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires.
(3) When the pending pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 or when the action no longer affects the subject property, the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.
(4) This section applies to all actions now or hereafter pending in any state or federal courts in this state, but the period of time specified in subsection (2) does not include the period of pendency of any action in an appellate court.
History.--RS 1220; GS 1649; RGS 2853; ss. 1-3, ch. 12081, 1927; CGL 4550; s. 1, ch. 24336, 1947; s. 4, ch. 67-254; s. 1, ch. 67-567; s. 1, ch. 85-308; s. 19, ch. 90-109; s. 5, ch. 93-250; s. 1, ch. 2009-39.
Note.--Former s. 47.49.
48.25 Short title.--Sections 48.25-48.31 may be cited as the "Florida Certified Process Server Act."
History.--s. 2, ch. 88-135.
48.27 Certified process servers.--
(1) The chief judge of each judicial circuit may establish an approved list of natural persons designated as certified process servers. The chief judge may periodically add to such list the names of those natural persons who have met the requirements for certification provided for in s. 48.29. Each person whose name has been added to the approved list is subject to annual recertification and reappointment by the chief judge of a judicial circuit. The chief judge shall prescribe appropriate forms for application for inclusion on the list of certified process servers. A reasonable fee for the processing of any such application must be charged.
(2)(a) The addition of a person's name to the list authorizes him or her to serve initial nonenforceable civil process on a person found within the circuit where the process server is certified when a civil action has been filed against such person in the circuit court or in a county court in the state. Upon filing an action in circuit or county court, a person may select from the list for the circuit where the process is to be served one or more certified process servers to serve initial nonenforceable civil process.
(b) The addition of a person's name to the list authorizes him or her to serve criminal witness subpoenas and criminal summonses on a person found within the circuit where the process server is certified. The state in any proceeding or investigation by a grand jury or any party in a criminal action, prosecution, or proceeding may select from the list for the circuit where the process is to be served one or more certified process servers to serve the subpoena or summons.
(3) Nothing herein shall be interpreted to exclude a sheriff or deputy or other person appointed by the sheriff pursuant to s. 48.021 from serving process or to exclude a person from appointment by individual motion and order to serve process in any civil action in accordance with Rule 1.070(b) of the Florida Rules of Civil Procedure.
History.--s. 3, ch. 88-135; s. 5, ch. 97-96; s. 3, ch. 98-410; s. 3, ch. 2009-215.
48.29 Certification of process servers.--
(1) The circuit court administrator and the clerk of the court in each county in the circuit shall maintain the list of process servers approved by the chief judge of the circuit. Such list may, from time to time, be amended or modified to add or delete a person's name in accordance with the provisions of this section or s. 48.31.
(2) A person seeking the addition of his or her name to the approved list in any circuit shall submit an application to the chief judge of the circuit or to the chief judge's designee on a form prescribed by the court. A reasonable fee for processing the application may be charged.
(3) A person applying to become a certified process server shall:
(a) Be at least 18 years of age;
(b) Have no mental or legal disability;
(c) Be a permanent resident of the state;
(d) Submit to a background investigation, which shall include the right to obtain and review the criminal record of the applicant;
(e) Obtain and file with his or her application a certificate of good conduct, which specifies there is no pending criminal case against the applicant and that there is no record of any felony conviction, nor a record of a conviction of a misdemeanor involving moral turpitude or dishonesty, with respect to the applicant within the past 5 years;
(f) If prescribed by the chief judge of the circuit, submit to an examination testing his or her knowledge of the laws and rules regarding the service of process. The content of the examination and the passing grade thereon, and the frequency and location at which such examination shall be offered shall be prescribed by the chief judge of the circuit. The examination, if any, shall be offered at least once annually;
(g) Execute a bond in the amount of $5,000 with a surety company authorized to do business in this state for the benefit of any person wrongfully injured by any malfeasance, misfeasance, neglect of duty, or incompetence of the applicant, in connection with his or her duties as a process server. Such bond shall be renewable annually; and
(h) Take an oath of office that he or she will honestly, diligently, and faithfully exercise the duties of a certified process server.
(4) The chief judge of the circuit may, from time to time by administrative order, prescribe additional rules and requirements regarding the eligibility of a person to become a certified process server or to have his or her name maintained on the list of certified process servers.
(5)(a) An applicant who completes the requirements set forth in this section and whose name the chief judge by order enters on the list of certified process servers shall be designated as a certified process server.
(b) Each certified process server shall be issued an identification card bearing his or her identification number, printed name, signature and photograph, the seal of the circuit court, and an expiration date. Each identification card shall be renewable annually upon proof of good standing and current bond.
(6) A certified process server shall place the information provided in s. 48.031(5) on the copy served. Return of service shall be made by a certified process server on a form which has been reviewed and approved by the court.
(7)(a) A person may qualify as a certified process server and have his or her name entered on the list in more than one circuit.
(b) A process server whose name is on a list of certified process servers in more than one circuit may serve process on a person found in any such circuits.
(c) A certified process server may serve foreign process in any circuit in which his or her name has been entered on the list of certified process servers for that circuit.
(8) A certified process server may charge a fee for his or her services.
History.--s. 4, ch. 88-135; s. 284, ch. 95-147; s. 4, ch. 2004-273.
48.31 Removal of certified process servers; false return of service.--
(1) A certified process server may be removed from the list of certified process servers for any malfeasance, misfeasance, neglect of duty, or incompetence, as provided by court rule.
(2) A certified process server must be disinterested in any process he or she serves; if the certified process server willfully and knowingly executes a false return of service, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in this state.
History.--s. 5, ch. 88-135; s. 285, ch. 95-147.
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About The Private Investigative Industry in Florida
The Department of Agriculture and Consumer Services, Division of Licensing, licenses and regulates the private investigative industry in accordance with Chapter 493, Florida Statutes. Private investigators and private investigative agencies serve in positions of trust. Untrained and unlicensed persons or businesses, or persons not of good moral character, are a threat to the public safety and welfare.
The private investigative industry is regulated to ensure the interests of the public are adequately served and protected. This information has been made available to inform Florida citizens about licensing requirements.
A private investigator is any individual or agency who, for consideration, advertises as providing or performs the following activities. Individuals or agencies providing or advertising as providing these services for consideration must be licensed.
Subcontracting with the government to determine crimes or wrongs done or threatened against the United States.
Determining the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation or character of any society, person, or group of persons.
The credibility of witnesses or other persons.
The whereabouts of missing persons, owners of abandoned or escheated property, or heirs to estates.
The location witnesses or defendants involved in or associated with court proceedings.
The location or recovery of lost or stolen property.
The causes or origin of fires, libels, slanders, losses, accidents, damage, or injuries to real or personal property.
Securing evidence to be used before investigating committees or boards of award or arbitration or trial of civil or criminal cases.
Covert surveillance, following, tracking and monitoring the activities of people.
FLORIDA CHAPTER 493
PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND REPOSSESSION SERVICES, GENERAL PROVISIONS (ss. 493.6100-493.6126), PRIVATE INVESTIGATIVE SERVICES (ss. 493.6201-493.6203), PRIVATE SECURITY SERVICES (ss. 493.6301-493.6305), REPOSSESSION SERVICES (ss. 493.6401-493.6406)
GENERAL INVESTIGATION PROVISIONS
493.6100 Legislative intent.
493.6101 Definitions.
493.6102 Inapplicability of this chapter.
493.6103 Authority to make rules.
493.6104 Advisory council.
493.6105 Initial application for license.
493.6106 License requirements; posting.
493.6107 Fees.
493.6108 Investigation of applicants by Department of Agriculture and Consumer Services.
493.6109 Reciprocity.
493.6110 Licensee's insurance.
493.6111 License; contents; identification card.
493.6112 Notification to Department of Agriculture and Consumer Services of changes of partner or officer or employees.
493.6113 Renewal application for licensure.
493.6114 Cancellation or inactivation of license.
493.6115 Weapons and firearms.
493.6116 Sponsorship of interns.
493.6117 Division of Licensing Trust Fund.
493.6118 Grounds for disciplinary action.
493.6119 Divulging investigative information; false reports prohibited.
493.6120 Violations; penalty.
493.6121 Enforcement; investigation.
493.6122 Information about licensees; confidentiality.
493.6123 Publication to industry.
493.6124 Use of state seal; prohibited.
493.6125 Maintenance of information concerning administrative complaints and disciplinary actions.
493.6126 Saving clauses.
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 public will be adequately served and protected. The Legislature recognizes that untrained persons, unlicensed persons or businesses, or persons who are not of good moral character engaged in the 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 therefore deemed necessary.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 1, ch. 94-172.
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 under this chapter.
(4) The personal pronoun "he" or the personal pronoun "she" implies the impersonal pronoun "it."
(5) "Principal officer" means an individual who holds the office of president, vice president, secretary, or treasurer in a corporation.
(6) "Advertising" means the submission of bids, contracting, or making known by any public notice or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.
(7) "Good moral character" means a personal history of honesty, fairness, and respect for the rights and property of others and for the laws of this state and nation.
(8) "Conviction" means an adjudication of guilt by a federal or state court resulting from plea or trial, regardless of whether imposition of sentence was suspended.
(9) "Unarmed" means that no firearm shall be carried by the licensee while providing services regulated by this chapter.
(10) "Branch office" means each additional location of an agency where business is actively conducted which advertises as performing or is engaged in the business authorized by the license.
(11) "Sponsor" means any Class "C," Class "MA," or Class "M" licensee who supervises and maintains under his or her direction and control a Class "CC" intern; or any Class "E" or Class "MR" licensee who supervises and maintains under his or her direction and control a Class "EE" intern.
(12) "Intern" means an individual who studies as a trainee or apprentice under the direction and control of a designated sponsoring licensee.
(13) "Manager" means any licensee who directs the activities of licensees at any agency or branch office. The manager shall be assigned to and shall primarily operate from the agency or branch office location for which he or she has been designated as manager.
(14) "Firearm instructor" means any Class "K" licensee who provides classroom or range instruction to applicants for a Class "G" license.
(15) "Private investigative agency" means any person who, for consideration, advertises as providing or is engaged in the business of furnishing private investigations.
(16) "Private investigator" means any individual who, for consideration, advertises as providing 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 access and who, under the direction and control of a Class "C" licensee or a Class "MA" licensee, provides information or services that would otherwise be included in the definition of private investigation.
(17) "Private investigation" means the investigation by a person or persons for the purpose of obtaining information with reference to any of the following matters:
(a) Crime or wrongs done or threatened against the United States or any state or territory of the United States, when operating under express written authority of the governmental official responsible for authorizing such investigation.
(b) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons.
(c) The credibility of witnesses or other persons.
(d) The whereabouts of missing persons, owners of unclaimed property or escheated property, or heirs to estates.
(e) The location or recovery of lost or stolen property.
(f) The causes and origin 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 committees or boards of award or arbitration or in the trial of civil or criminal cases and the preparation therefor.
(18) "Security agency" means any person who, for consideration, advertises as providing or is engaged in the business of furnishing security services, armored car services, or transporting prisoners. This includes any person who utilizes dogs and individuals to provide security services.
(19) "Security officer" means any individual who, for consideration, advertises as providing or performs bodyguard services or otherwise guards persons or property; attempts to prevent theft or unlawful taking of goods, wares, and merchandise; or attempts to prevent the misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes, or other documents, papers, and articles of value or procurement of the return thereof. The term also includes armored car personnel and those personnel engaged in the transportation of prisoners.
(20) "Recovery agency" means any person who, for consideration, advertises as providing or is engaged in the business of performing repossessions.
(21) "Recovery agent" means any individual who, for consideration, advertises as providing or performs repossessions.
(22) "Repossession" means the recovery of a motor vehicle as defined under s. 320.01(1), a mobile home as defined in s. 320.01(2), a motorboat as defined under s. 327.02, an aircraft as defined in s. 330.27(1), a personal watercraft as defined in s. 327.02, an all-terrain vehicle as defined in s. 316.2074, farm equipment as defined under s. 686.402, or industrial equipment, by an individual who is authorized by the legal owner, lien holder, or lessor to recover, or to collect money payment in lieu of recovery of, that which has been sold or leased under a security agreement that contains a repossession clause. As used in this subsection, the term "industrial equipment" includes, but is not limited to, tractors, road rollers, cranes, forklifts, backhoes, and bulldozers. The term "industrial equipment" also includes other vehicles that are propelled by power other than muscular power and that are used in the manufacture of goods or used in the provision of services. A repossession is complete when a licensed recovery agent is in control, custody, and possession of such repossessed property.
(23) "Felony" means a criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in the state penitentiary; a crime in any other state or a crime against the United States which is designated as a felony; or an offense in any other state, territory, or country punishable by imprisonment for a term exceeding 1 year.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 10, ch. 94-241; s. 5, ch. 96-407; s. 1137, ch. 97-103; s. 1, ch. 97-248; s. 34, ch. 2001-36; s. 4, ch. 2002-295; s. 1, ch. 2005-143.
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 United States Government, while such local, state, or federal officer is engaged in her or his official duties or when performing off-duty security activities approved by her or his superiors.
(2) Any insurance investigator or adjuster licensed by a 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 an unarmed investigator in connection with the business of her or his employer, when there exists an employer-employee relationship.
(4) Any unarmed individual 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 responsibility of persons or the financial habits and financial responsibility of applicants for insurance, indemnity bonds, or commercial credit.
(6) Any attorney in the regular practice of her or his profession.
(7) Any bank or bank holding company, credit union, or small loan company operating pursuant to chapters 516 and 520; any consumer credit reporting agency regulated under 15 U.S.C. ss. 1681 et seq.; or any collection agency not engaged in repossessions 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 advice in the profession or occupation in which that person is so licensed.
(9) Any security agency or private investigative agency, and employees thereof, performing contractual security or investigative services solely 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 persons are not exempt to the extent they perform services 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, service, and facility. However, such persons are not exempt to the extent they investigate or are retained to investigate criminal or suspected criminal behavior on the part of the food service establishment employees.
(12) Any person who is a school crossing guard employed by a third party hired by a city or county and trained in accordance with s. 316.75.
(13) Any individual employed as a security officer by a church or ecclesiastical or denominational organization having an established physical place of worship in this state at which nonprofit religious services and activities are regularly conducted or by a church cemetery to provide security on the property of the organization or cemetery, and who does not carry a firearm in the course of her or his duties.
(14) Any person or firm that solely and exclusively conducts genealogical research, or otherwise traces lineage or ancestry, by primarily utilizing public records and historical information and databases.
(15) Any licensed Florida-certified public accountant who is acting within the scope of the practice of public accounting as defined in chapter 473.
History.--ss. 2, 11, ch. 90-364; s. 16, ch. 91-248; s. 4, ch. 91-429; s. 2, ch. 94-172; s. 6, ch. 96-407; s. 1138, ch. 97-103; s. 69, ch. 97-190; s. 2, ch. 97-248; s. 35, ch. 2001-36; s. 2, ch. 2005-143; s. 23, ch. 2006-312.
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 requiring licensure pursuant to this chapter or that unnecessarily increases the cost of such services without a corresponding or equivalent public benefit.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429.
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 must be an active law enforcement officer, certified under the Florida Criminal Justice Standards and Training Commission, representing a statewide law enforcement agency or statewide association of law enforcement agencies. One member must be the owner or operator of a business that regularly contracts with Class "A," Class "B," or Class "R" agencies. Nine members must be geographically distributed, insofar as possible, and must be licensed pursuant to this chapter. Two members must be from the security profession, one of whom represents an agency that employs 20 security guards or fewer; two members must be from the private investigative profession, one of whom represents an agency that employs five investigators or fewer; one member shall be from the repossession profession; and the remaining four members may be drawn from any of the professions regulated under this chapter.
(2) Council members shall be appointed by the Commissioner of Agriculture for a 4-year term. In the event of an appointment to fill an unexpired term, the appointment shall be for no longer than the remainder of the unexpired term. No member may serve more than two full consecutive terms. 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 elect a 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 a majority of the membership, or at the request of the department. Notice of council meetings and the agenda shall be published in the Florida Administrative Weekly at least 14 days prior to such meeting.
(5) The council shall advise the department and make recommendations relative to the regulation of the security, investigative, and recovery industries.
(6) Council members shall serve without pay; however, state per diem and travel allowances may be claimed for attendance at officially called meetings as provided by s. 112.061.
(7) A quorum of six members shall be necessary for a meeting to convene or continue. All official action taken by the council shall be by simple majority of those members present. Members may not participate or vote by proxy. Meetings shall be recorded, and minutes 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 administrative and legal support required by the council in the conduct of its official business.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 3, ch. 94-172; s. 526, ch. 97-103; s. 5, ch. 2002-295.
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 $60, except that the applicant for a Class "D" or Class "G" license shall not be required to submit an application fee. The application fee shall not be refundable.
(a) The application submitted by any individual, partner, or corporate officer shall be approved by the department prior to that individual, partner, or corporate officer assuming his or her duties.
(b) Individuals who invest in the ownership of a licensed agency, but do not participate in, direct, or control the operations of the agency shall not be required to file an application.
(2) Each application shall be signed by the individual under oath and shall be notarized.
(3) The application 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 or alien registration number, whichever is applicable.
(e) Present residence address and his or her residence addresses within the 5 years immediately preceding the submission of the application.
(f) Occupations held presently and within the 5 years immediately preceding the submission of the application.
(g) A statement of all convictions.
(h) A statement whether he or she has ever been adjudicated incompetent under chapter 744.
(i) A statement whether he or she has ever been committed to a mental institution under chapter 394.
(j) A full set of fingerprints on a card provided by the department and a fingerprint fee to be established by rule of the department based upon costs determined by state and federal agency charges and department processing costs. An applicant who has, within the immediately preceding 6 months, submitted a fingerprint card and fee for licensing purposes under this chapter shall not be required to submit another fingerprint card or fee.
(k) A personal inquiry waiver which allows the department to conduct necessary investigations to satisfy the requirements of this chapter.
(l) Such further facts as may be required by the department to show that the individual signing the application is of good moral character and qualified by experience and training to satisfy the requirements of this chapter.
(4) In addition to the application requirements outlined in subsection (3), the applicant for a Class "C," Class "CC," Class "E," Class "EE," or Class "G" license shall submit two color photographs taken within the 6 months immediately preceding the submission of the application, which meet specifications prescribed by rule of the department. All other applicants shall submit one photograph taken within the 6 months immediately preceding the submission of the application.
(5) In addition to the application requirements outlined under subsection (3), the applicant for a Class "C," Class "E," Class "M," Class "MA," Class "MB," or Class "MR" license shall include a statement on a form provided by the department of the experience which he or she believes will qualify him or her for such license.
(6) In addition to the requirements outlined in subsection (3), an applicant for a Class "G" license shall satisfy minimum training criteria for firearms established by rule of the department, which training criteria shall include, but is not limited to, 28 hours of range and classroom training taught and administered by a Class "K" licensee; however, no more than 8 hours of such training shall consist of range training. If the applicant can show proof that he or she is an active law enforcement officer currently certified under the Criminal Justice Standards and Training Commission or has completed the training required for that certification within the last 12 months, or if the applicant submits one of the certificates specified in paragraph (7)(a), the department may waive the foregoing firearms training requirement.
(7) In addition to the requirements under subsection (3), an applicant for a Class "K" license shall:
(a) Submit one of the following certificates:
1. The Florida Criminal Justice Standards and Training Commission Firearms Instructor's Certificate.
2. The National Rifle Association Police Firearms Instructor's Certificate.
3. The National Rifle Association Security Firearms Instructor's Certificate.
4. A Firearms Instructor's Certificate from a federal, state, county, or municipal police academy in this state recognized as such by the Criminal Justice Standards and Training Commission or by the Department of Education.
(b) Pay the fee for and pass an examination administered by the department which shall be based upon, but is not necessarily limited to, a firearms instruction manual provided by the department.
(8) In addition to the application requirements for individuals, partners, or officers outlined under subsection (3), the application for an agency license shall contain the following information:
(a) The proposed name under which the agency intends to operate.
(b) The street address, mailing address, and telephone numbers of the principal location at which business is to be conducted in this state.
(c) The street address, mailing address, and telephone numbers of all branch offices within this state.
(d) The names and titles of all partners or, in the case of a corporation, the names and titles of its principal officers.
(9) Upon submission of a complete application, a Class "CC," Class "C," Class "D," Class "EE," Class "E," Class "M," Class "MA," Class "MB," or Class "MR" applicant may commence employment or appropriate duties for a licensed agency or branch office. However, the Class "C" or Class "E" applicant must work under the direction and control of a sponsoring licensee while his or her application is being processed. If the department denies application for licensure, the employment of the applicant must be terminated immediately, unless he or she performs only unregulated duties.
History.--ss. 2, 11, ch. 90-364; s. 1, ch. 91-248; s. 4, ch. 91-429; s. 1, ch. 93-49; s. 527, ch. 97-103; s. 3, ch. 97-248.
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 s. 744.331 or a similar statute in another state, unless her or his capacity has been judicially restored; not have been involuntarily placed in a treatment facility for the mentally ill under chapter 394 or a similar statute in any other state, unless her or his competency has been judicially restored; and not have been diagnosed as having an incapacitating mental illness, unless a psychologist or psychiatrist licensed in this state certifies that she or he does not currently suffer from the mental illness.
(d) Not be a chronic and habitual user of alcoholic beverages to the extent that her or his normal faculties are impaired; not have been committed under chapter 397, former chapter 396, or a similar law in any other state; not have been found to be a habitual offender under s. 856.011(3) or a similar law in any other state; and not have had two or more convictions under s. 316.193 or a similar law in any other state within the 3-year period immediately preceding the date the application was filed, unless the individual establishes that she or he is not currently impaired and has successfully completed a rehabilitation course.
(e) Not have been committed for controlled substance abuse or have been found guilty of a crime under chapter 893 or a similar law relating to controlled substances in any other state within a 3-year period immediately preceding the date the application was filed, unless the individual establishes that she or he is not currently abusing any controlled substance and has successfully completed a rehabilitation course.
(f) Be a citizen or legal resident alien of the United States or have been granted authorization to seek employment in this country by the United States Bureau of Citizenship and Immigration Services.
(2) Each agency shall have a minimum of one physical location within this state from which the normal business of the agency is conducted, and this location shall be considered the primary office for that agency in this state.
(a) If an agency desires to change the physical location of the business, as it appears on the agency license, the department must be notified within 10 days of the change, and, except upon renewal, the fee prescribed in s. 493.6107 must be submitted for each license requiring revision. Each license requiring revision must be returned with such notification.
(b) The Class "A," Class "B," or Class "R" license and any branch office or school license shall at all times be posted in a conspicuous place at the licensed physical location in this state where the business is conducted.
(c) Each Class "A," Class "B," Class "R," branch office, or school licensee shall display, in a place that is in clear and unobstructed public view, a notice on a form prescribed by the department stating that the business operating at this location is licensed and regulated by the Department of Agriculture and Consumer Services and that any questions or complaints should be directed to the department.
(d) A minimum of one properly licensed manager shall be designated for each agency and branch office location.
(3) Each Class "C," Class "CC," Class "D," Class "DI," Class "E," Class "EE," Class "G," Class "K," Class "M," Class "MA," Class "MB," Class "MR," or Class "RI" licensee shall notify the division in writing within 10 days of a change in her or his residence or mailing address.
History.--ss. 2, 11, ch. 90-364; s. 2, ch. 91-248; s. 4, ch. 91-429; s. 2, ch. 93-49; s. 4, ch. 94-172; s. 528, ch. 97-103; s. 83, ch. 2004-5; s. 1, ch. 2006-165.
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 "G" license--statewide firearm license: $150.
(c) Class "K" license--firearms instructor: $100.
(d) Fee for the examination for firearms instructor: $75.
(2) The department may establish by rule a fee for the replacement or revision of a license which fee shall not exceed $30.
(3) The fees set forth in this section must be paid by certified check or money order or, at the discretion of the department, by agency check at the time the application is approved, except that the applicant for a Class "G" or Class "M" license must pay the license fee at the time the application is made. If a license is revoked or denied or if the application is withdrawn, the license fee shall not be refunded.
(4) The department may prorate license fees.
(5) Payment of any license fee provided for under this chapter authorizes the licensee to practice his or her profession anywhere in this state without obtaining any additional license, permit, registration, or identification card, any municipal or county ordinance or resolution to the contrary notwithstanding. However, an agency may be required to obtain a city and county occupational license in each city and county where the agency maintains a physical office.
History.--ss. 2, 11, ch. 90-364; s. 3, ch. 91-248; s. 4, ch. 91-429; s. 5, ch. 94-172; s. 529, ch. 97-103.
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 license. The investigation shall include:
(a)1. An examination of fingerprint records and police records. When a criminal history analysis of any applicant under this chapter is performed by means of fingerprint card identification, the time limitations prescribed by s. 120.60(1) shall be tolled during the time the applicant's fingerprint card is under review by the Department of Law Enforcement or the United States Department of Justice, Federal Bureau of Investigation.
2. If a legible set of fingerprints, as determined by the Department of Law Enforcement or the Federal Bureau of Investigation, cannot be obtained after two attempts, the Department of Agriculture and Consumer Services may determine the applicant's eligibility based upon a criminal history record check under the applicant's name conducted by the Department of Law Enforcement and the Federal Bureau of Investigation. A set of fingerprints taken by a law enforcement agency and a written statement signed by the fingerprint technician or a licensed physician stating that there is a physical condition that precludes obtaining a legible set of fingerprints or that the fingerprints taken are the best that can be obtained is sufficient to meet this requirement.
(b) An inquiry to determine if the applicant has been adjudicated incompetent under chapter 744 or has been committed to a mental institution under chapter 394.
(c) Such other investigation of the individual as the department may deem necessary.
(2) In addition to subsection (1), the department shall make an investigation of the general physical fitness of the Class "G" applicant to bear a weapon or firearm. Determination of physical fitness shall be certified by a physician or physician assistant currently licensed pursuant to chapter 458, chapter 459, or any similar law of another state or authorized to act as a licensed physician by a federal agency or department or by an advanced registered nurse practitioner currently licensed pursuant to chapter 464. Such certification shall be submitted on a form provided by the department.
(3) The department shall also investigate the mental history and current mental and emotional fitness of any Class "G" applicant, and may deny a Class "G" license to anyone who has a history of mental illness or drug or alcohol abuse.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 3, ch. 93-49; s. 6, ch. 94-172; s. 230, ch. 96-410; s. 4, ch. 97-248; s. 6, ch. 2002-295; s. 1, ch. 2005-76.
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 to perform activities regulated under this chapter who are currently licensed to perform similar services in the other states or territories; or
(b) Allowing a person who is licensed in another state or territory to perform similar services in this state, on a temporary and limited basis, without the need for licensure in state.
(2) The rules authorized in subsection (1) may be promulgated only if:
(a) The other state or territory has requirements which are substantially similar to or greater than those established in this chapter.
(b) The applicant has engaged in licensed activities for at least 1 year in the other state or territory with no disciplinary action against him or her.
(c) The Commissioner of Agriculture or other appropriate authority of the other state or territory agrees to accept service of process for those licensees who are operating in this state on a temporary basis.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 530, ch. 97-103; s. 7, ch. 2002-295.
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 coverage. The coverage shall provide the department as an additional insured for the purpose of receiving all notices of modification or cancellation of such insurance. Coverage shall be written by an insurance company which is lawfully engaged to provide insurance coverage in Florida. Coverage shall provide for a combined single-limit policy in the amount of at least $300,000 for death, bodily injury, property damage, and personal injury. Coverage shall insure for the liability of all employees licensed by the department while acting in the course of their employment.
(1) The licensed agency shall notify the department of any claim against such insurance.
(2) The licensed agency shall notify the department immediately upon cancellation of the insurance policy, whether such cancellation was initiated by the insurance company or the insured agency.
(3) The agency license shall be automatically suspended upon the date of cancellation unless evidence of insurance is provided to the department prior to the effective date of cancellation.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-248; s. 4, ch. 91-429; s. 3, ch. 2005-143.
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 date of the license, and any other information the department deems necessary. Class "C," Class "CC," Class "D," Class "E," Class "EE," Class "M," Class "MA," Class "MB," Class "MR," and Class "G" licenses shall be in the possession of individual licensees while on duty.
(2) Licenses shall be valid for a period of 2 years, except for Class "A," Class "B," Class "AB," Class "R," and branch agency licenses, which shall be valid for a period of 3 years.
(3) The department shall, upon complete application and payment of the appropriate fees, issue a separate license to each branch office for which application is made.
(4) Notwithstanding the existence of a valid Florida corporate registration, no agency licensee may conduct activities regulated under this chapter under any fictitious name without prior written authorization from the department to use that name in the conduct of activities regulated under this chapter. The department may not authorize the use of a name which is so similar to that of a public officer or agency, or of that used by another licensee, that the public may be confused or misled thereby. The authorization for the use of a fictitious name shall require, as a condition precedent to the use of such name, the filing of a certificate of engaging in business under a fictitious name under s. 865.09. No licensee shall be permitted to conduct business under more than one name except as separately licensed nor shall the license be valid to protect any licensee who is engaged in the business under any name other than that specified in the license. An agency desiring to change its licensed name shall notify the department and, except upon renewal, pay a fee not to exceed $30 for each license requiring revision including those of all licensed employees except Class "D" or Class "G" licensees. Upon the return of such licenses to the department, revised licenses shall be provided.
(5) It shall be the duty of every agency to furnish all of its partners, principal corporate officers, and all licensed employees an identification card. The card shall specify at least the name and license number, if appropriate, of the holder of the card and the name and license number of the agency and shall be signed by a representative of the agency and by the holder of the card.
(a) Each individual to whom a license and identification card have been issued shall be responsible for the safekeeping thereof and shall not loan, or let or allow any other individual to use or display, the license or card.
(b) The identification card shall be in the possession of each partner, principal corporate officer, or licensed employee while on duty.
(c) Upon denial, suspension, or revocation of a license, or upon termination of a business association with the licensed agency, it shall be the duty of each partner, principal corporate officer, manager, or licensed employee to return the identification card to the issuing agency.
(6) A licensed agency must include its agency license number in any advertisement in any print medium or directory, and must include its agency license number in any written bid or offer to provide services.
History.--ss. 2, 11, ch. 90-364; s. 5, ch. 91-248; s. 4, ch. 91-429; s. 4, ch. 93-49; s. 1, ch. 98-335.
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 days of the withdrawal, removal, replacement, or addition of any or all partners or officers, notify and file with the department complete applications for such individuals. The agency's or school's good standing under this chapter shall be contingent upon the department's approval of any new partner or officer.
(2) Each agency or school shall, upon the employment or termination of employment of a licensee, report such employment or termination immediately to the department and, in the case of a termination, report the reason or reasons therefor. The report shall be on a form prescribed by the department.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 8, ch. 2002-295.
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 "R," and branch agency licenses, which shall be renewed every 3 years.
(2) No less than 90 days prior to the expiration date of the license, the department shall mail a written notice to the last known residence address for individual licensees and to the last known agency address for agencies.
(3) Each licensee shall be responsible for renewing his or her license on or before its expiration by filing with the department an application for renewal accompanied by payment of the prescribed license fee.
(a) Each Class "A," Class "B," or Class "R" licensee shall additionally submit on a form prescribed by the department a certification of insurance which evidences that the licensee maintains coverage as required under s. 493.6110.
(b) Each Class "G" licensee shall additionally submit proof that he or she has received during each year of the license period a minimum of 4 hours of firearms recertification training taught by a Class "K" licensee and has complied with such other health and training requirements which the department may adopt by rule. If proof of a minimum of 4 hours of annual firearms recertification training cannot be provided, the renewal applicant shall complete the minimum number of hours of range and classroom training required at the time of initial licensure.
(c) Each Class "DS" or Class "RS" licensee shall additionally submit the current curriculum, examination, and list of instructors.
(4) A licensee who fails to file a renewal application on or before its expiration must renew his or her license by fulfilling the applicable requirements of subsection (3) and by paying a late fee equal to the amount of the license fee.
(5) No license shall be renewed 3 months or more after its expiration date. The applicant shall submit a new, complete application and the respective fees.
(6) A renewal applicant shall not perform any activity regulated by this chapter between the date of expiration and the date of renewal of his or her license.
History.--ss. 2, 11, ch. 90-364; s. 6, ch. 91-248; s. 4, ch. 91-429; s. 43, ch. 95-144; s. 531, ch. 97-103; s. 2, ch. 98-335.
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 to the department within 10 days of the date of cancellation.
(2) The department, at the written request of the licensee, may place her or his license in inactive status. A license may remain inactive for a period of 3 years, at the end of which time, if the license has not been renewed, it shall be automatically canceled. If the license expires during the inactive period, the licensee shall be required to pay license fees and, if applicable, show proof of insurance or proof of firearms training before the license can be made active. No late fees shall apply when a license is in inactive status.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 532, ch. 97-103.
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 "D," Class "M," Class "MA," or Class "MB" licensees are permitted to bear a firearm and any such licensee who bears a firearm shall also have a Class "G" license.
(3) No employee shall carry or be furnished a weapon or firearm unless the carrying of a weapon or firearm is required by her or his duties, nor shall an employee carry a weapon or firearm except in connection with those duties. When carried pursuant to this subsection, the weapon or firearm shall be encased in view at all times except as provided in subsection (4).
(4) A Class "C" or Class "CC" licensee 21 years of age or older who has also been issued a Class "G" license may carry, in the performance of her or his duties, a concealed firearm. A Class "D" licensee 21 years of age or older who has also been issued a Class "G" license may carry a concealed firearm in the performance of her or his duties under the conditions specified in s. 493.6305(2). The Class "G" license shall clearly indicate such authority. The authority of any such licensee to carry a concealed firearm shall be valid throughout the state, in any location, while performing services within the scope of the license.
(5) The Class "G" license shall remain in effect only during the period the applicant is employed as a Class "C," Class "CC," Class "D," Class "MA," Class "MB," or Class "M" licensee.
(6) In addition to any other firearm approved by the department, a licensee who has been issued a Class "G" license may carry a .38 caliber revolver; or a .380 caliber or 9 millimeter semiautomatic pistol; or a .357 caliber revolver with .38 caliber ammunition only while performing duties authorized under this chapter. No licensee may carry more than two firearms upon her or his person when performing her or his duties. A licensee may only carry a firearm of the specific type and caliber with which she or he is qualified pursuant to the firearms training referenced in subsection (8) or s. 493.6113(3)(b).
(7) Any person who provides classroom and range instruction to applicants for Class "G" licensure shall have a Class "K" license.
(8) A Class "G" applicant must satisfy the minimum training criteria as set forth in s. 493.6105(6) and as established by rule of the department.
(9) Whenever a Class "G" licensee discharges her or his firearm in the course of her or his duties, the Class "G" licensee and the agency by which she or he is employed shall, within 5 working days, submit to the department an explanation describing the nature of the incident, the necessity for using the firearm, and a copy of any report prepared by a law enforcement agency. The department may revoke or suspend the Class "G" licensee's license and the licensed agency's agency license if this requirement is not met.
(10) The department may promulgate rules to establish minimum standards to issue licenses for weapons other than firearms.
(11) The department may establish rules to require periodic classroom training for firearms instructors to provide updated information relative to curriculum or other training requirements provided by statute or rule.
(12) The department may issue a temporary Class "G" license, on a case-by-case basis, if:
(a) The agency or employer has certified that the applicant has been determined to be mentally and emotionally stable by either:
1. A validated written psychological test taken within the previous 12-month period.
2. An evaluation by a psychiatrist or psychologist licensed in this state or by the Federal Government made within the previous 12-month period.
3. Presentation of a DD form 214, issued within the previous 12-month period, which establishes the absence of emotional or mental instability at the time of discharge from military service.
(b) The applicant has submitted a complete application for a Class "G" license, with a notation that she or he is seeking a temporary Class "G" license.
(c) The applicant has completed all Class "G" minimum training requirements as specified in this section.
(d) The applicant has received approval from the department subsequent to its conduct of a criminal history record check as authorized in s. 493.6121(6).
(13) In addition to other fees, the department may charge a fee, not to exceed $25, for processing a Class "G" license application as a temporary Class "G" license request.
(14) Upon issuance of the temporary Class "G" license, the licensee is subject to all of the requirements imposed upon Class "G" licensees.
(15) The temporary Class "G" license is valid until the Class "G" license is issued or denied. If the department denies the Class "G" license, any temporary Class "G" license issued to that individual is void, and the individual shall be removed from armed duties immediately.
(16) If the criminal history record check program referenced in s. 493.6121(6) is inoperable, the department may issue a temporary "G" license on a case-by-case basis, provided that the applicant has met all statutory requirements for the issuance of a temporary "G" license as specified in subsection (12), excepting the criminal history record check stipulated there; provided, that the department requires that the licensed employer of the applicant conduct a criminal history record check of the applicant pursuant to standards set forth in rule by the department, and provide to the department an affidavit containing such information and statements as required by the department, including a statement that the criminal history record check did not indicate the existence of any criminal history that would prohibit licensure. Failure to properly conduct such a check, or knowingly providing incorrect or misleading information or statements in the affidavit shall constitute grounds for disciplinary action against the licensed agency, including revocation of license.
(17) No person is exempt from the requirements of this section by virtue of holding a concealed weapon or concealed firearm license issued pursuant to s. 790.06.
History.--ss. 2, 11, ch. 90-364; s. 7, ch. 91-248; s. 4, ch. 91-429; s. 7, ch. 94-172; s. 533, ch. 97-103; s. 5, ch. 97-248; s. 1, ch. 2005-69.
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" or Class "MR" licensee may sponsor a Class "EE" recovery agent intern.
(2) An internship may not commence until the sponsor has submitted to the department the notice of intent to sponsor. Such notice shall be on a form provided by the department.
(3) Internship is intended to serve as a learning process. Sponsors shall assume a training status by providing direction and control of interns. Sponsors shall only sponsor interns whose place of business 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.
(4) No sponsor may sponsor more than six interns at the same time.
(5) A sponsor shall certify a biannual progress report on each intern and shall certify completion or termination of an internship to the department within 15 days after such completion or termination. The report must be made on a form provided by the department and must include at a minimum:
(a) The inclusive dates of the internship.
(b) A narrative part explaining the primary duties, types of experiences gained, and the scope of training received.
(c) An evaluation of the performance of the intern and a recommendation regarding future licensure.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 8, ch. 94-172; s. 68, ch. 95-144.
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 chapter shall be collected by the department and deposited in the trust fund. The Division of Licensing Trust Fund shall be subject to the service charge imposed pursuant to chapter 215. The Legislature shall appropriate from the fund such amounts as it deems necessary for the purpose of administering the provisions of this chapter. The unencumbered balance in the trust fund at the beginning of the year shall not exceed $100,000, and any excess shall be transferred to the General Revenue Fund unallocated.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429.
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 by this chapter, or any unlicensed person engaged in activities regulated under this chapter.
(a) Fraud or willful misrepresentation in applying for or obtaining a license.
(b) Use of any fictitious or assumed name by an agency unless the agency has department approval and qualifies under s. 865.09.
(c) Being found guilty of or entering a plea of guilty or nolo contendere to, regardless of adjudication, or being convicted of a crime that 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 circumstances surrounding his or her plea.
(d) A false statement by the licensee that any individual is or has been in his or her employ.
(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.
(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 this chapter.
(g) Conducting activities regulated under this chapter without a license or with a revoked or suspended license.
(h) Failure of the licensee to maintain in full force and effect the commercial general liability insurance coverage required by s. 493.6110.
(i) Impersonating, or permitting or aiding and abetting an employee to impersonate, a law enforcement officer or an employee of the state, the United States, or any political subdivision thereof by identifying himself or 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 or she is a law enforcement officer or that he or she has official authority, by displaying any flashing or warning vehicular lights other than amber colored, or by committing any act that is intended to falsely convey official status.
(j) 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.
(k) 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 this chapter.
(l) Soliciting business for an attorney in return for compensation.
(m) Transferring or attempting to transfer a license issued pursuant to this chapter.
(n) Employing or contracting with any unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter, or performing any act that assists, aids, or abets a person or business entity in engaging in unlicensed activity, when the licensure status was known or could have been ascertained by reasonable inquiry.
(o) Failure or refusal to cooperate with or refusal of access to an authorized representative of the department engaged in an official investigation pursuant to this chapter.
(p) Failure of any partner, principal corporate officer, or licensee to have his or her identification card in his or her possession while on duty.
(q) Failure of any licensee to have his or her license in his or her possession while on duty, as specified in s. 493.6111(1).
(r) Failure or refusal by a sponsor to certify a biannual written report on an intern or to certify completion or termination of an internship to the department within 15 working days.
(s) 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.
(t) Violating any provision of this chapter.
(u) In addition to the grounds for disciplinary action prescribed in paragraphs (a)-(t), Class "R" recovery agencies, Class "E" recovery agents, and Class "EE" recovery agent interns are prohibited from committing the following acts:
1. Recovering a motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicle, farm equipment, or industrial equipment that has been sold under a conditional sales agreement or under the terms of a chattel mortgage before authorization has been received from the legal owner or mortgagee.
2. Charging for expenses not actually incurred in connection with the recovery, transportation, storage, or disposal of repossessed property or personal property obtained in a repossession.
3. Using any repossessed property or personal property obtained in a repossession for the personal benefit of a licensee or an officer, director, partner, manager, or employee of a licensee.
4. Selling property recovered under the provisions of this chapter, except with written authorization from the legal owner or the mortgagee thereof.
5. Failing to notify the police or sheriff's department of the jurisdiction in which the repossessed property is recovered within 2 hours after recovery.
6. Failing to remit moneys collected in lieu of recovery of a motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicle, farm equipment, or industrial equipment to the client within 10 working days.
7. Failing to deliver to the client a negotiable instrument that is payable to the client, within 10 working days after receipt of such instrument.
8. Falsifying, altering, or failing to maintain any required inventory or records regarding disposal of personal property contained in or on repossessed property pursuant to s. 493.6404(1).
9. Carrying any weapon or firearm when he or she is on private property and performing duties under his or her license whether or not he or she is licensed pursuant to s. 790.06.
10. Soliciting from the legal owner the recovery of property subject to repossession after such property has been seen or located on public or private property if the amount charged or requested for such recovery is more than the amount normally charged for such a recovery.
11. Wearing, presenting, or displaying a badge in the course of performing a repossession regulated by this chapter.
(2) When the department finds any violation of subsection (1), it may do one or more of the following:
(a) Deny an application for the issuance or renewal of a license.
(b) Issue a reprimand.
(c) Impose an administrative fine not to exceed $1,000 for every count or separate offense.
(d) Place the licensee on probation for a period of time and subject to such conditions as the department may specify.
(e) Suspend or revoke a license.
(3) The department may deny an application for licensure citing lack of good moral character only if the finding by the department of lack of good moral character is supported by clear and convincing evidence. In such cases, the department shall furnish the applicant a statement containing the findings of the department, a complete record of the evidence upon which the determination was based, and a notice of the rights of the applicant to an administrative hearing and subsequent appeal.
(4) Notwithstanding the provisions of paragraph (1)(c) and subsection (2):
(a) If the applicant or licensee has been convicted of a felony, the department shall deny the application or revoke the license unless and until civil rights have been restored by the State of Florida or by a state acceptable to Florida and a period of 10 years has expired since final release from supervision.
(b) A Class "G" applicant who has been convicted of a felony shall also have had the specific right to possess, carry, or use a firearm restored by the State of Florida.
(c) If the applicant or licensee has been found guilty of, entered a plea of guilty to, or entered a plea of nolo contendere to a felony and adjudication of guilt is withheld, the department shall deny the application or revoke the license until a period of 3 years has expired since final release from supervision.
(d) A plea of nolo contendere shall create a rebuttable presumption of guilt to the underlying criminal charges, and the department shall allow the person being disciplined or denied an application for a license to present any mitigating circumstances surrounding his or her plea.
(e) The grounds for discipline or denial cited in this subsection shall be applied to any disqualifying criminal history regardless of the date of commission of the underlying criminal charge. Such provisions shall be applied retroactively and prospectively.
(5) Upon revocation or suspension of a license, the licensee shall forthwith return the license which was suspended or revoked.
(6) The agency license and the approval or license of each officer, partner, or owner of the agency are automatically suspended upon entry of a final order imposing an administrative fine against the agency, until the fine is paid, if 30 calendar days have elapsed since the entry of the final order. All owners and corporate or agency officers or partners are jointly and severally liable for agency fines. Neither the agency license or the approval or license of any officer, partner, or owner of the agency may be renewed, nor may an application be approved if the owner, licensee, or applicant is liable for an outstanding administrative fine imposed under this chapter. An individual's approval or license becomes automatically suspended if a fine imposed against the individual or his or her agency is not paid within 30 days after the date of the final order, and remains suspended until the fine is paid. Notwithstanding the provisions of this subsection, an individual's approval or license may not be suspended nor may an application be denied when the licensee or the applicant has an appeal from a final order pending in any appellate court.
(7) An applicant or licensee shall be ineligible to reapply for the same class of license for a period of 1 year following final agency action resulting in the denial or revocation of a license applied for or issued under this chapter. This time restriction shall not apply to administrative denials wherein the basis for denial was:
(a) An inadvertent error or omission on the application;
(b) The experience documented by the department was insufficient at the time of application;
(c) The department was unable to complete the criminal background investigation due to insufficient information from the Department of Law Enforcement, the Federal Bureau of Investigation, or any other applicable law enforcement agency; or
(d) Failure to submit required fees.
History.--ss. 2, 11, ch. 90-364; s. 8, ch. 91-248; s. 4, ch. 91-429; s. 5, ch. 93-49; s. 9, ch. 94-172; s. 534, ch. 97-103; s. 6, ch. 97-248; s. 4, ch. 2005-143.
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 to anyone other than her or his client or employer the contents of an investigative file acquired in the course of licensed investigative activity. However, the prohibition of this section shall not apply when the client for whom the information was acquired, or the client's lawful representative, has alleged a violation of this chapter by the licensee, licensed agency, or any employee, or when the prior written consent of the client to divulge or release such information has been obtained.
(2) Nothing in this section shall be construed to deny access to any business or operational records, except as specified in subsection (1), by an authorized representative of the department engaged in an official investigation, inspection, or inquiry pursuant to the regulatory duty and investigative authority of this chapter.
(3) Any licensee or employee of a licensee or licensed agency who, in reliance on subsection (1), denies access to an investigative file to an authorized representative of the department shall state such denial in writing within 2 working days of the request for access. Such statement of denial shall include the following:
(a) That the information requested was obtained by a licensed private investigator on behalf of a client; and
(b) That the client has been advised of the request and has denied permission to grant access; or
(c) 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
(d) That the requested investigative file will be provided pursuant to a subpoena issued by the department.
(4) No licensee or any employer or employee of a licensee or licensed agency shall willfully make a false statement or report to her or his client or employer or an authorized representative of the department concerning information acquired in the course of activities regulated by this chapter.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 535, ch. 97-103.
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 or s. 775.083.
(2) Any person who is convicted of any violation of this chapter shall not be eligible for licensure for a period of 5 years.
(3) 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 s. 775.082 or s. 775.083. In addition, the department may seek the imposition of a civil penalty not to exceed $5,000.
(4) Any person who was an owner, officer, partner, or manager of a licensed agency at the time of any activity that is the basis for revocation of the agency or branch office license and who knew or should have known of the activity, shall have his or her personal licenses or approval suspended for 3 years and may not have any financial interest in or be employed in any capacity by a licensed agency during the period of suspension.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 6, ch. 93-49; s. 536, ch. 97-103.
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, upon the complaint of any person or on its own initiative, to cause to be investigated any suspected violation thereof or to cause to be investigated the business and business methods of any licensed or unlicensed person, agency or employee thereof, or applicant for licensure under this chapter.
(2) In any investigation undertaken by the department, each licensed or unlicensed person, applicant, agency, or employee shall, upon request of the department provide records and shall truthfully respond to questions concerning activities regulated under this chapter. Such records shall be maintained in this state 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. Upon request by the department the records must be made available immediately to the department unless the department determines that an extension may be granted.
(3) The department shall have the authority to investigate any licensed or unlicensed person, firm, company, partnership, or corporation when such person, firm, company, partnership, or corporation is advertising as providing or is engaged in performing services which require licensure under this chapter or when a licensee is engaged in activities which do not comply with or are prohibited by this chapter; and the department shall have the authority to issue an order to cease and desist the further conduct of such activities, or seek an injunction, or take other appropriate action pursuant to s. 493.6118(2)(a) or (c).
(4) In the exercise of its enforcement responsibility and in the conduct of any investigation authorized by this chapter, the department shall have the power to subpoena and bring before it any person in the state, require the production of any papers it deems necessary, administer oaths, and take depositions of any persons so subpoenaed. If any person fails or refuses to comply with a proper subpoena to be examined or fails or refuses to answer any question about her or his qualifications or the business methods or business practices under investigation or refuses access to agency records in accordance with s. 493.6119, the circuit court of Leon County or of the county wherein such person resides may issue an order on the application of the department requiring such person to comply with the subpoena and to testify. Such failure or refusal shall also be grounds for revocation, suspension, or other disciplinary action. The testimony of witnesses in any such proceeding shall be under oath before the department or its agents.
(5) In order to carry out the duties of the department prescribed in this chapter, designated employees of the Division of Licensing of the Department of Agriculture and Consumer Services may obtain access to the information in criminal justice information systems and to criminal justice information as defined in s. 943.045, on such terms and conditions as are reasonably calculated to provide necessary information and protect the confidentiality of the information. Such criminal justice information submitted to the division is confidential and exempt from the provisions of s. 119.07(1).
(6) The department shall be provided access to the program that is operated by the Department of Law Enforcement, pursuant to s. 790.065, for providing criminal history record information to licensed gun dealers, manufacturers, and exporters. The department may make inquiries, and shall receive responses in the same fashion as provided under s. 790.065. The department shall be responsible for payment to the Department of Law Enforcement of the same fees as charged to others afforded access to the program.
(7) The department may institute judicial proceedings in the appropriate circuit court seeking enforcement of this chapter or any rule or order of the department.
(8) Any investigation conducted by the department pursuant to this chapter is exempt from s. 119.07(1) until:
(a) The investigation of the complaint has been concluded and determination has been made by the department as to whether probable cause exists;
(b) The case is closed prior to a determination by the department as to whether probable cause exists; or
(c) The subject of the investigation waives her or his privilege of confidentiality.
History.--ss. 2, 11, ch. 90-364; s. 17, ch. 91-248; s. 4, ch. 91-429; s. 5, ch. 92-183; s. 2, ch. 93-197; s. 10, ch. 94-172; s. 69, ch. 95-144; s. 326, ch. 96-406; s. 1139, ch. 97-103; s. 7, ch. 97-248; s. 9, ch. 2002-295; s. 2, ch. 2006-165.
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 and exempt from the provisions of s. 119.07(1), except that the 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.
History.--ss. 2, 11, ch. 90-364; s. 18, ch. 91-248; s. 4, ch. 91-429; s. 327, ch. 96-406.
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 council determines is of interest to the industry. Additionally, this newsletter shall contain the name and locality of any licensed or unlicensed person or agency against which the department has filed a final order relative to an administrative complaint and shall contain the final disposition. This newsletter shall be published not less than two or more than four times annually.
(2) The department shall develop and make available to each Class "C," Class "D," and Class "E" licensee and all interns a pamphlet detailing in plain language the legal authority, rights, and obligations of his or her class of licensure. Within the pamphlet, the department should endeavor to present situations that the licensee may be expected to commonly encounter in the course of doing business pursuant to his or her specific license, and provide to the licensee information on his or her legal options, authority, limits to authority, and obligations. The department shall supplement this with citations to statutes and legal decisions, as well as a selected bibliography that would direct the licensee to materials the study of which would enhance his or her professionalism. The department shall provide a single copy of the appropriate pamphlet without charge to each individual to whom a license is issued, but may charge for additional copies to recover its publication costs. The pamphlet shall be updated every 2 years as necessary to reflect rule or statutory changes, or court decisions. Intervening changes to the regulatory situation shall be noticed in the industry newsletter issued pursuant to subsection (1).
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 537, ch. 97-103.
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, identification card, or other means of identification used in connection with any activities regulated under this chapter.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429.
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 received and investigated.
(2) The number of complaints initiated and investigated by the department.
(3) The disposition of each complaint.
(4) The number of administrative complaints filed by the department.
(5) The disposition of all administrative complaints.
(6) A description of all disciplinary actions taken by profession.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 19, ch. 94-172; s. 49, ch. 95-196.
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 licenses valid on October 1, 1990, shall remain in full force and effect until expiration or revocation by the department. Henceforth, all licenses shall be applied for and renewed in accordance with this chapter.
History.--ss. 2, 11, ch. 90-364; s. 4, ch. 91-429.
PART II
PRIVATE INVESTIGATIVE SERVICES
493.6201 Classes of licenses.
493.6202 Fees.
493.6203 License requirements.
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" license is valid for only one location.
(2) Each branch office of a Class "A" agency shall have a Class "AA" license. Where a person, firm, company, partnership, or corporation holds both a Class "A" and Class "B" license, each additional or branch office shall have a Class "AB" license.
(3) Any individual who performs the services of a manager for a:
(a) Class "A" private investigative agency or Class "AA" branch office shall have a Class "MA" license. A Class "C" or Class "M" licensee may be designated as the manager, in which case the Class "MA" license is not required.
(b) Class "A" and "B" agency or a Class "AB" branch office shall have a Class "M" license.
(4) Class "C" or Class "CC" licensees shall own or be an employee of a Class "A" agency, a Class "A" and Class "B" agency, or a branch office. This does not include those who are exempt under s. 493.6102, but who possess a Class "C" license solely for the purpose of holding a Class "G" license.
(5) Any individual who performs the services of a private investigator shall have a Class "C" license.
(6) Any individual who performs private investigative work as an intern under the direction and control of a designated, sponsoring Class "C" licensee or a designated, sponsoring Class "MA" or Class "M" licensee must have a Class "CC" license.
(7) Only Class "M," Class "MA," Class "C," or Class "CC" licensees are permitted to bear a firearm, and any such licensee who bears a firearm shall also have a Class "G" license.
(8) A Class "C" or Class "CC" licensee may perform bodyguard services without obtaining a Class "D" license.
History.--ss. 3, 11, ch. 90-364; s. 4, ch. 91-429; s. 11, ch. 94-172; s. 70, ch. 95-144; s. 8, ch. 97-248.
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" or "AB" license--branch office: $125.
(c) Class "MA" license--private investigative agency manager: $75.
(d) Class "C" license--private investigator: $75.
(e) Class "CC" license--private investigator intern: $60.
(2) The department may establish by rule a fee for the replacement or revision of a license, which fee shall not exceed $30.
(3) The fees set forth in this section must be paid by certified check or money order or, at the discretion of the department, by agency check at the time the application is approved, except that the applicant for a Class "G," Class "C," Class "CC," Class "M," or Class "MA" license must pay the license fee at the time the application is made. If a license is revoked or denied or if the application is withdrawn, the license fee shall not be refunded.
History.--ss. 3, 11, ch. 90-364; s. 4, ch. 91-429; s. 12, ch. 94-172.
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 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.
(2) An applicant for a Class "MA" license shall have 2 years of lawfully gained, verifiable, full-time experience, or training in:
(a) Private investigative work or related fields of work that provided equivalent experience or training;
(b) Work as a Class "CC" licensed intern;
(c) Any combination of paragraphs (a) and (b);
(d) Experience described in paragraph (a) for 1 year and experience described in paragraph (e) for 1 year;
(e) No more than 1 year using:
1. College coursework related to criminal justice, criminology, or law enforcement administration; or
2. Successfully completed law enforcement-related training received from any federal, state, county, or municipal agency; or
(f) Experience described in paragraph (a) for 1 year and work in a managerial or supervisory capacity for 1 year.
(3) An applicant for a Class "M" license shall qualify for licensure as a Class "MA" manager as outlined under subsection (2) and as a Class "MB" manager as outlined under s. 493.6303(2).
(4) An applicant for a Class "C" license shall have 2 years of lawfully gained, verifiable, full-time experience, or training in one, or a combination of more than one, of the following:
(a) Private investigative work or related fields of work that provided equivalent experience or training.
(b) College coursework related to criminal justice, criminology, or law enforcement administration, or successful completion of any law enforcement-related training received from any federal, state, county, or municipal agency, except that no more than 1 year may be used from this category.
(c) Work as a Class "CC" licensed intern.
(5) Effective January 1, 2008, an applicant for a Class "MA," Class "M," or Class "C" license must pass an examination that covers the provisions of this chapter and is administered by the department or by a provider approved by the department. The applicant must pass the examination before applying for licensure and must submit proof with the license application on a form approved by rule of the department that he or she has passed the examination. The administrator of the examination shall verify the identity of each applicant taking the examination.
(a) The examination requirement in this subsection does not apply to an individual who holds a valid Class "CC," Class "C," Class "MA," or Class "M" license.
(b) Notwithstanding the exemption provided in paragraph (a), if the license of an applicant for relicensure has been invalid for more than 1 year, the applicant must take and pass the examination.
(c) The department shall establish by rule the content of the examination, the manner and procedure of its administration, and an examination fee that may not exceed $100.
(6)(a) A Class "CC" licensee shall serve an internship under the direction and control of a designated sponsor, who is a Class "C," Class "MA," or Class "M" licensee.
(b) Effective September 1, 2008, an applicant for a Class "CC" license must have completed at least 24 hours of a 40-hour course 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 certificate evidencing satisfactory completion of at least 24 hours of a 40-hour course must be submitted with the application for a Class "CC" license. The remaining 16 hours must be completed and an examination passed within 180 days. If documentation of completion of the required training is not submitted within the specified timeframe, the individual's license is automatically suspended or his or her authority to work as a Class "CC" pursuant to s. 493.6105(9) is rescinded until such time as proof of certificate of completion is provided to the department. The training course specified in this paragraph 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.
1. Upon an applicant's successful completion of each part of the approved course and passage of any required examination, the school, community college, college, or university shall issue a certificate of completion to the applicant. The certificates must be on a form established by rule of the department.
2. The department shall establish by rule the general content of the training course and the examination criteria.
3. If the license of an applicant for relicensure has been invalid for more than 1 year, the applicant must complete the required training and pass any required examination.
(7) In addition to any other requirement, an applicant for a Class "G" license shall satisfy the firearms training set forth in s. 493.6115.
History.--ss. 3, 11, ch. 90-364; s. 9, ch. 91-248; s. 4, ch. 91-429; s. 1, ch. 2007-232.
PART III
PRIVATE SECURITY SERVICES
493.6301 Classes of licenses.
493.6302 Fees.
493.6303 License requirements.
493.6304 Security officer school or training facility.
493.6305 Uniforms, required wear; exceptions.
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 is valid for only one location.
(2) Each branch office of a Class "B" agency shall have a Class "BB" license. Where a person, firm, company, partnership, or corporation holds both a Class "A" and Class "B" license, each branch office shall have a Class "AB" license.
(3) Any individual who performs the services of a manager for a:
(a) Class "B" security agency or Class "BB" branch office shall have a Class "MB" license. A Class "M" licensee, or a Class "D" licensee who has been so licensed for a minimum of 2 years, may be designated as the manager, in which case the Class "MB" license is not required.
(b) Class "A" and Class "B" agency or a Class "AB" branch office shall have a Class "M" license.
(4) A Class "D" licensee shall own or be an employee of a Class "B" security agency or branch office. This does not include those individuals who are exempt under s. 493.6102(4) but who possess a Class "D" license solely for the purpose of holding a Class "G" license.
(5) Any individual who performs the services of a security officer shall have a Class "D" license. However, a Class "C" licensee or a Class "CC" licensee may perform bodyguard services without a Class "D" license.
(6) Only Class "M," Class "MB," or Class "D" licensees are permitted to bear a firearm, and any such licensee who bears a firearm shall also have a Class "G" license.
(7) Any person who operates a security officer school or training facility must have a Class "DS" license.
(8) Any individual who teaches or instructs at a Class "DS" security officer school or training facility must have a Class "DI" license.
History.--ss. 4, 11, ch. 90-364; s. 10, ch. 91-248; s. 4, ch. 91-429; s. 13, ch. 94-172; s. 71, ch. 95-144; s. 7, ch. 96-407; s. 9, ch. 97-248.
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" license--branch office: $125.
(c) Class "MB" license--security agency manager: $75.
(d) Class "D" license--security officer: $45.
(e) Class "DS" license--security officer school or training facility: $60.
(f) Class "DI" license--security officer school or training facility instructor: $60.
(2) The department may establish by rule a fee for the replacement or revision of a license, which fee shall not exceed $30.
(3) The fees set forth in this section must be paid by certified check or money order or, at the discretion of the department, by agency check at the time the application is approved, except that the applicant for a Class "D," Class "G," Class "M," or Class "MB" license must pay the license fee at the time the application is made. If a license is revoked or denied or if the application is withdrawn, the license fee shall not be refunded.
History.--ss. 4, 11, ch. 90-364; s. 4, ch. 91-429; s. 14, ch. 94-172.
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 or branch office shall designate a minimum of one appropriately licensed individual to act as manager, directing the activities of the Class "D" employees.
(2) An applicant for a Class "MB" license shall have 2 years of lawfully gained, verifiable, full-time experience, or training in:
(a) Security work or related fields of work that provided equivalent experience or training;
(b) Experience described in paragraph (a) for 1 year and experience described in paragraph (c) for 1 year;
(c) No more than 1 year using:
1. Either college coursework related to criminal justice, criminology, or law enforcement administration; or
2. Successfully completed law enforcement-related training received from any federal, state, county, or municipal agency; or
(d) Experience described in paragraph (a) for 1 year and work in a managerial or supervisory capacity for 1 year.
(3) An applicant for a Class "M" license shall qualify for licensure as a Class "MA" manager as outlined under s. 493.6203(2) and as a Class "MB" manager as outlined under subsection (2).
(4)(a) An applicant for a Class "D" license must complete a minimum of 40 hours of professional training at a school or training facility licensed by the department. The department shall by rule establish the general content and number of hours of each subject area to be taught.
(b) An applicant may fulfill the training requirement prescribed in paragraph (a) by submitting proof of:
1. Successful completion of the total number of required hours of training before initial application for a Class "D" license; or
2. Successful completion of 24 hours of training before initial application for a Class "D" license and successful completion of the remaining 16 hours of training within 180 days after the date that the application is submitted. If documentation of completion of the required training is not submitted within the specified timeframe, the individual's license is automatically suspended until such time as proof of the required training is provided to the department.
However, any person whose license has been revoked, suspended pursuant to subparagraph 2., or expired for 1 year or longer is considered, upon reapplication for a license, an initial applicant and must submit proof of successful completion of 40 hours of professional training at a school or training facility licensed by the department as prescribed in paragraph (a) before a license will be issued. Any person whose license was issued before January 1, 2007, and whose license has been expired for less than 1 year must, upon reapplication for a license, submit documentation of completion of the total number of hours of training prescribed by law at the time her or his initial license was issued before another license will be issued. This subsection does not require an individual licensed before January 1, 2007, to complete additional training hours in order to renew an active license, beyond the required total amount of training within the timeframe prescribed by law at the time she or he was licensed.
(5) An applicant for a Class "G" license shall satisfy the firearms training outlined in s. 493.6115.
History.--ss. 4, 11, ch. 90-364; s. 11, ch. 91-248; s. 4, ch. 91-429; s. 15, ch. 94-172; s. 3, ch. 2006-165.
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 facility, or instructor, file with the department an application accompanied by an application fee in an amount to be determined by rule, not to exceed $60. The fee shall not be refundable.
(2) The application shall be signed and notarized and shall contain, at a minimum, the following information:
(a) The name and address of the school or training facility and, if the applicant is an individual, her or his name, address, and social security or alien registration number.
(b) The street address of the place at which the training is to be conducted.
(c) A copy of the training curriculum and final examination to be administered.
(3) The department shall adopt rules establishing the criteria for approval of schools, training facilities, and instructors.
History.--ss. 4, 11, ch. 90-364; s. 4, ch. 91-429; s. 538, ch. 97-103.
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 clearly identifying the employing agency. Upon resignation or termination of employment, a Class "D" licensee shall immediately return to the employer any uniform and any other equipment issued to her or him by the employer.
(2) Class "D" licensees may perform duties regulated under this chapter in nonuniform status on a limited special assignment basis, and only when duty circumstances or special requirements of the client necessitate such dress.
(3) Class "D" licensees who are also Class "G" licensees and who are performing limited, special assignment duties may carry their authorized firearm concealed in the conduct of such duties.
History.--ss. 4, 11, ch. 90-364; s. 12, ch. 91-248; s. 4, ch. 91-429; s. 10, ch. 97-248; s. 30, ch. 99-7.
PART IV
REPOSSESSION SERVICES
493.6401 Classes of licenses.
493.6402 Fees.
493.6403 License requirements.
493.6404 Property inventory; vehicle license identification numbers.
493.6405 Sale of motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment by a licensee; penalty.
493.6406 Repossession services school or training facility.
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 is valid for only one location.
(2) Each branch office of a Class "R" agency shall have a Class "RR" license.
(3) Any individual who performs the services of a manager for a Class "R" recovery agency or a Class "RR" branch office must have a Class "MR" license. A Class "E" licensee may be designated as the manager, in which case the Class "MR" license is not required.
(4) Any individual who performs the services of a recovery agent must have a Class "E" license.
(5) Any individual who performs repossession as an intern under the direction and control of a designated, sponsoring Class "E" licensee or a designated, sponsoring Class "MR" licensee shall have a Class "EE" license.
(6) Class "E" or Class "EE" licensees shall own or be an employee of a Class "R" agency or branch office.
(7) Any person who operates a repossessor school or training facility or who conducts an Internet-based training course or a correspondence training course must have a Class "RS" license.
(8) Any individual who teaches or instructs at a Class "RS" repossessor school or training facility shall have a Class "RI" license.
History.--ss. 5, 11, ch. 90-364; s. 14, ch. 91-248; s. 4, ch. 91-429; s. 7, ch. 93-49; s. 2, ch. 2007-232.
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.
(c) Class "MR" license--recovery agency manager: $75.
(d) Class "E" license--recovery agent: $75.
(e) Class "EE" license--recovery agent intern: $60.
(f) Class "RS" license--repossessor school or training facility: $60.
(g) Class "RI" license--repossessor school or training facility instructor: $60.
(2) The department may establish by rule a fee for the replacement or revision of a license, which fee shall not exceed $30.
(3) The fees set forth in this section must be paid by certified check or money order, or, at the discretion of the department, by agency check at the time the application is approved, except that the applicant for a Class "E," Class "EE," or Class "MR" license must pay the license fee at the time the application is made. If a license is revoked or denied, or if an application is withdrawn, the license fee shall not be refunded.
History.--ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 17, ch. 94-172.
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 branch office must designate a minimum of one appropriately licensed individual to act as manager, directing the activities of the Class "E" or Class "EE" employees. A Class "E" licensee may be designated to act as manager of a Class "R" agency or branch office in which case the Class "MR" license is not required.
(b) An applicant for Class "MR" license shall have at least 1 year of lawfully gained, verifiable, full-time experience as a Class "E" licensee performing repossessions of motor vehicles, mobile homes, motorboats, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment.
(c) An applicant for a Class "E" license shall have at least 1 year of lawfully gained, verifiable, full-time experience in one, or a combination of more than one, of the following:
1. Repossession of motor vehicles as defined in s. 320.01(1), mobile homes as defined in s. 320.01(2), motorboats as defined in s. 327.02, aircraft as defined in s. 330.27(1), personal watercraft as defined in s. 327.02, all-terrain vehicles as defined in s. 316.2074, farm equipment as defined under s. 686.402, or industrial equipment as defined in s. 493.6101(22).
2. Work as a Class "EE" licensed intern.
(2) Beginning October 1, 1994, an applicant for a Class "E" or a Class "EE" license must have completed a minimum of 40 hours of professional training at a school or training facility licensed by the department. The department shall by rule establish the general content for the training.
History.--ss. 5, 11, ch. 90-364; s. 15, ch. 91-248; s. 4, ch. 91-429; s. 8, ch. 93-49; s. 18, ch. 94-172; s. 11, ch. 94-241; s. 5, ch. 2005-143.
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 watercraft, all-terrain vehicle, farm equipment, or industrial equipment at the time it is recovered, a complete and accurate inventory shall be made of such personal effects or property. The date and time the inventory is made shall be indicated, and it shall be signed by the Class "E" or Class "EE" licensee who obtained the personal property. The inventory of the personal property and the records regarding any disposal of personal property shall be maintained for a period of 2 years in the permanent records of the licensed agency and shall be made available, upon demand, to an authorized representative of the department engaged in an official investigation.
(2) Within 5 working days after the date of a repossession, the Class "E" or Class "EE" licensee shall give written notification to the debtor of the whereabouts of personal effects or other property inventoried pursuant to this section. At least 45 days prior to disposing of such personal effects or other property, the Class "E" or Class "EE" licensee shall, by United States Postal Service proof of mailing or certified mail, notify the debtor of the intent to dispose of said property. Should the debtor, or her or his lawful designee, appear to retrieve the personal property, prior to the date on which the Class "E" or Class "EE" licensee is allowed to dispose of the property, the licensee shall surrender the personal property to that individual upon payment of any reasonably incurred expenses for inventory and storage. If personal property is not claimed within 45 days of the notice of intent to dispose, the licensee may dispose of the personal property at her or his discretion, except that illegal items or contraband shall be surrendered to a law enforcement agency, and the licensee shall retain a receipt or other proof of surrender as part of the inventory and disposal records she or he maintains.
(3) Vehicles used for the purpose of repossession by a Class "E" or Class "EE" licensee must be identified during repossession by the license number of the Class "R" agency only, local ordinances to the contrary notwithstanding. These vehicles are not "wreckers" as defined in s. 713.78. The license number must be displayed on both sides of the vehicle and must appear in lettering no less than 4 inches tall and in a color contrasting from that of the background.
History.--ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 9, ch. 93-49; s. 539, ch. 97-103; s. 11, ch. 97-248; s. 6, ch. 2005-143.
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 any repossessed motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment.
(2) A Class "E" or Class "EE" licensee shall send the net proceeds from the sale of such repossessed motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment to the owner or lienholder, within 20 working days after the licensee executes the documents which permit the transfer of legal ownership to the purchaser.
(3) A person who violates a provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 7, ch. 2005-143.
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 facility, or instructor, file with the department an application accompanied by an application fee in an amount to be determined by rule, not to exceed $60. The fee shall not be refundable. This training may be offered as face-to-face training, Internet-based training, or correspondence training.
(2) The application shall be signed and notarized and shall contain, at a minimum, the following information:
(a) The name and address of the school or training facility and, if the applicant is an individual, his or her name, address, and social security or alien registration number.
(b) The street address of the place at which the training is to be conducted or the street address of the Class "RS" school offering Internet-based or correspondence training.
(c) A copy of the training curriculum and final examination to be administered.
(3) The department shall adopt rules establishing the criteria for approval of schools, training facilities, and instructors.
History.--ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 540, ch. 97-103; s. 3, ch. 2007-232. The above should not be deemed legal advise nor should any information be utilized without verifying its accuracy or relevancy. We make every attempt to keep information up to date but we can not be responsible for any information provided. |
