HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1509 Private Investigative and Security Services
SPONSOR(S): Byrd
TIED BILLS: IDEN./SIM. BILLS: SB 1018
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 11 Y, 5 N Thompson Anstead
2) Criminal Justice & Public Safety Subcommittee 15 Y, 0 N Padgett Hall
3) Commerce Committee
SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS), Division of Licensing, is responsible for the
licensure and regulation of private investigation, security and recovery services, including Class “C” Private
Investigator, Class “CC” Private Investigator Intern, Class “D” Security Officer, Class “M” Private
Investigative/Security Agency Manager, Class “MA” Private Investigative Agency Manager, and Class “MB”
Security Manager licensees. In order to carry a firearm in the course of performing their duties, the licensee
must also obtain a Class “G” Statewide Firearm license.
The bill allows Class “C” Private Investigator licensees who do not have a statewide firearm license to bear a
firearm if the licensee has a license to carry concealed firearms in the state.
The bill authorizes Class “C” Private Investigator, Class “CC” Private Investigator Intern, Class “D” Security
Officer, Class “M” Private Investigative/Security Agency Manager, Class “MA” Private Investigative Agency
Manager, and Class “MB” Security Manager licensees, who do not have a Class “G” Statewide Firearm
license, to bear a firearm in the performance of their duties if they are:
A retired law enforcement officer who served at least 10 years, separated from service in good
standing, and maintains the annual firearms proficiency qualification; or
An active law enforcement officer who maintains the annual firearms proficiency qualification required
by her or his agency.
The bill authorizes Class “C” Private Investigator, Class “CC” Private Investigator Intern, Class “D” Security
Officer licensees who are 21 years of age or older to carry a concealed firearm in the performance of their
duties if they have been issued a Class “G” Statewide Firearm license, have a license to carry a concealed
firearm, or have not been issued a Class “G” Statewide Firearm license but are a retired law enforcement
officer who served at least 10 years, separated from service in good standing, and maintains the annual
firearms proficiency qualification.
The bill does not appear to have a significant fiscal impact on state or local government.
The bill has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1509c.CRM
DATE: 2/8/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Department of Agriculture and Consumer Services (DACS) supports and promotes Florida
agriculture, protects the environment, safeguards consumers, and ensures the safety and
wholesomeness of food.1 The Division of Licensing (Division) within DACS administers Florida's
concealed weapon licensing program 2 and oversees Florida's private investigative, private security, and
recovery services industries.3 The Division's regulatory oversight of those services includes licensing,
enforcing compliance standards, and ensuring public protection from unethical business practices and
unlicensed activity.4
Private Investigative and Security Services
Currently, the Division offers 22 different types of private investigative, private security, and recovery
services licenses and four different types of concealed weapon or firearm licenses. As of December 31,
2021, the Division had issued a total of 169,758 private investigative, private security, and recovery
services licenses and 2,459,530 concealed weapon permits, to qualified applicants. The following chart
provides a breakdown of the total number of each license type. 5
License License Title Total
Type
C Private Investigators 6,992
CC Private Investigator Interns 1,333
A Private Investigative 2,627
Agencies
AA Private Investigative 21
Agency Branch Offices
MA Private Investigative 81
Agency Managers
M Private 473
Investigative/Security
Agency Managers
D Security Officers 124,996
B Security Agencies 1,836
BB Security Agency Branch 181
Offices
MB Security Managers 1,395
AB Security Agency/Private 19
Investigative Agency
Branch Offices
DS Security Officer Schools 378
DI Security Officer Instructors 1,705
G Statewide Firearm Licenses 26,026
K Firearms Instructors 617
1 Department of Agriculture and Consumer Services , About, http://www.freshfromflorida.co m/About/ (last visited Feb. 8, 2022).
2 S. 790.06, F.S.
3 Ch. 493, F.S.
4 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of Agriculture
and Consumer Services Licensing, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNu mber=4101 (last visited Feb. 8,
2022).
5 The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,
https://www.fdacs.gov/Divisions -Offices/Licensing/Statistical-Reports (last visited Feb. 8, 2022).
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E Recovery Agents 743
EE Recovery Agent Interns 282
R Recovery Agencies 282
RR Recovery Agency Branch 38
Offices
MR Recovery Agency 1
Managers
RS Recovery Agent Schools 6
RI Recovery Agent Instructors 9
Subtotal Number of Private Investigative, 169,758
Private Security, and Recovery Services
Licenses
W Concealed Weapon or 2,445,471
Firearm
WJ Concealed Weapon or 809
Firearm/Circuit and County
Judges
WR Concealed Weapon or 13,244
Firearm/Retired Law
Enforcement and
Correctional Officers
WS Concealed Weapon or 6
Firearm/Consular Security
Official
Subtotal Number of Concealed Weapon 2,459,530
Licenses
Total Number of Licenses 2,629,571
Licensure
To obtain any of the 22 license types under ch. 493, F.S., an applicant must complete and submit an
application and meet certain requirements. Each individual, partner, or principal officer in a corporation
is required to file with DACS a complete application signed and verified by the individual “under oath”
as provided in s. 92.525, F.S.6
An applicant must:
Be at least 18 years old;
Be one of the following:
o A United States citizen,
o A permanent legal resident, or
o A holder of a work visa from the United States Citizenship and Immigration Service;
Have no disqualifying criminal history;
Be of good moral character;
Have no history of:
o Mental illness,
o Alcohol abuse, or
o Substance abuse; and
Submit an application with certain identifying information; 7 and
Complete 40 hours of required training and submit proof thereof to DACS. 8
Class “C” Private Investigators
Section 493.6101, F.S., defines the following:
6 S. 493.6105(2), F.S.
7 S. 493.6105, F.S.
8 S. 493.6303(4)(a), F.S.
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“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.
“Private investigative agency” means any person who, for consideration, advertises as providing
or is engaged in the business of furnishing private investigations.
To become a private investigator in Florida, a Class “C” Private Investigator license is required.9 An
applicant for the Class "C" Private Investigator license must have two years of lawfully gained,
verifiable, full-time experience to qualify for the license.10 In order to carry a firearm in the course of
performing such duties, the licensee must also obtain a Class “G” Statewide Firearm license in addition
to the Class “C” Private Investigator license.11
Class “D” Security Officers
Section 493.6101, F.S., defines the following:
“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.12
“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.
To become an unarmed security officer in Florida, a Class “D” Private Security license is required.13
“Unarmed” means that no firearm shall be carried while providing security officer services regulated by
ch. 493, F.S.14 An applicant for the Class “D” Private Security license must submit proof of successful
completion of a minimum of 40 hours of professional training provided by a security officer school or
training facility licensed by DACS.15 In order to carry a firearm in the course of performing such duties,
the licensee must also obtain a Class “G” Statewide Firearm license in addition to the Class “D” Private
Security license.16
Class “G” Statewide Firearm License
In order to carry a firearm in the course of performing his or her duty, the licensee must also obtain a
Class “G” Statewide Firearm license.17 Specifically, only Class “C” Private Investigator, Class “CC”
Private Investigator Intern, Class “D” Security Officer, Class “M” Private Investigative/Security Agency
Manager, Class “MA” Private Investigative Agency Manager, or Class “MB” Security Manager licensees
are permitted to bear a firearm and any such licensee who bears a firearm must also have a Class “G”
Statewide Firearm license.18
9 S. 493.6201(5), F.S.
10 S. 493.6203, F.S.
11 S. 493.6115(2), F.S.
12 S. 493.6101(19), F.S.
13 S. 493.6301(5), F.S. Exceptions to the licensure requirement are listed in s. 493.6102, F.S.
14 S. 493.6101(9), F.S.
15 S. 493.6303(4)(a), F.S.
16 S. 493.6115(2), F.S.
17 S. 493.6115(2), F.S.
18 S. 493.6115(2), F.S.
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An applicant for a Class “G” Statewide Firearm license must satisfy minimum training criteria for
firearms established by DACS rule,19 which includes, but is not limited to, 28 hours of range and
classroom training taught and administered by a Class “K” Firearms Instructor licensee; however, no
more than 8 hours of such training may consist of range training.20
DACS is authorized to waive the firearms training requirement if:
The applicant provides proof that he or she is currently certified as a law enforcement officer or
correctional officer pursuant to the requirements of the Criminal Justice Standards and Training
Commission or has successfully completed the training required for certification within the last
12 months.
The applicant provides proof that he or she is currently certified as a federal law enforcement
officer and has received law enforcement firearms training administered by a federal law
enforcement agency.
The applicant submits a valid firearm certificate among those specified in paragraph (6)(a). 21
Duties and Conditions
All licensed employees are prohibited from carrying or being furnished a weapon or firearm unless
required in connection with their duties. In such instances, the weapon or firearm is required to be
encased in view at all times, except for private investigators, private investigator interns, and security
officers who are 21 years of age or older and have been issued a statewide firearm license. 22
These individuals are authorized to carry a concealed firearm in any location throughout the state while
performing the following services within the scope of the license:23
Class “D” Security Officer licensees who are also Class “G” Statewide Firearm licensees and
who are performing:
o Limited, special assignment duties are authorized to carry their authorized firearm
concealed in the conduct of such duties.
o Bodyguard or executive protection services are authorized to carry their authorized
firearm concealed while in nonuniform24 as needed in the conduct of such services.25
Concealed Carry
Unless exempted, a person may not carry a concealed firearm or weapon in public without a license
issued by DACS.26 The licensing scheme requires DACS to issue a license to any applicant that meets
statutory criteria,27 which includes that the person:
Is a resident and a citizen of the United States or a permanent resident alien of the United
States, or is an eligible consular security official;
Is 21 years of age or older;
Does not suffer from a physical infirmity that prevents the safe handling of a weapon or firearm;
Is not ineligible to possess a firearm because of a felony conviction;
Has not been committed for abusing a controlled substance;
Has not been found guilty of a crime relating to a controlled