This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1509a.RRS
DATE: 1/27/2022
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
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. STORAGE NAME: h1509a.RRS PAGE: 2
DATE: 1/27/2022
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
Type
License Title Total
C Private Investigators 6,992
CC Private Investigator Interns 1,333
A Private Investigative
Agencies
2,627
AA Private Investigative
Agency Branch Offices
21
MA Private Investigative
Agency Managers
81
M Private
Investigative/Security
Agency Managers
473
D Security Officers 124,996
B Security Agencies 1,836
BB Security Agency Branch
Offices
181
MB Security Managers 1,395
AB Security Agency/Private
Investigative Agency
Branch Offices
19
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.com/About/ (last visited Jan. 24, 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?programNumber=4101 (last visited Jan.
23, 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 Jan. 23, 2022). STORAGE NAME: h1509a.RRS PAGE: 3
DATE: 1/27/2022
E Recovery Agents 743
EE Recovery Agent Interns 282
R Recovery Agencies 282
RR Recovery Agency Branch
Offices
38
MR Recovery Agency
Managers
1
RS Recovery Agent Schools 6
RI Recovery Agent Instructors 9
Subtotal Number of Private Investigative,
Private Security, and Recovery Services
Licenses
169,758
W Concealed Weapon or
Firearm
2,445,471
WJ Concealed Weapon or
Firearm/Circuit and County
Judges
809
WR Concealed Weapon or
Firearm/Retired Law
Enforcement and
Correctional Officers
13,244
WS Concealed Weapon or
Firearm/Consular Security
Official
6
Subtotal Number of Concealed Weapon
Licenses
2,459,530
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. STORAGE NAME: h1509a.RRS PAGE: 4
DATE: 1/27/2022
“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 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. STORAGE NAME: h1509a.RRS PAGE: 5
DATE: 1/27/2022
An applicant for a Class “G” Statewide Firearm license must satisfy minimum training criteria for
firearms established by DACS rule,
19
which training criteria 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 nonuniform
24
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 substance within a three-year
waiting period immediately preceding the application date;
Does not chronically and habitually use alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired;
19
R. 1.132, F.A.C.
20
S. 493.6105(5), F.S.
21
Id.
22
S. 493.6115(3), F.S.
23
S. 493.6115(4), F.S.
24
S. 493.6305, F.S., relating to uniforms, required wear, and exceptions allows Class “D” licensees to 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.
25
S. 493.6305(3) and (4), F.S.
26
S. 790.01, F.S.
27
S. 790.06(2), F.S. STORAGE NAME: h1509a.RRS PAGE: 6
DATE: 1/27/2022
Desires the legal means to carry a concealed weapon or firearm for lawful self-defense;
Demonstrates competency in the use of a firearm;
Has not been, or is deemed not to have been, adjudicated an incapacitated person in a
guardianship proceeding;
Has not been, or is deemed not to have been, committed to a mental institution;
Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony,
or any misdemeanor crime of domestic violence, unless three years have elapsed since
probation or any other conditions set by the court have been fulfilled, or expunction has
occurred;
Has not been issued an injunction that is currently in force and effect restraining the applicant
from committing acts of domestic violence or acts of repeat violence; and
Is not prohibited from purchasing or possessing a firearm by any other provision of law.
o For example, federal law prohibits a person convicted of misdemeanor domestic
violence from purchasing a firearm,
28
so a person convicted of misdemeanor domestic
violence is ineligible for a license to carry a concealed firearm or weapon in Florida.
Effect of the Bill
The bill allows 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 issued pursuant to s. 790.06, F.S.
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, or Class “MB” Security Manager licensees who do not have a statewide
firearm license to bear a firearm in the performance of her or his duties if they are:
A retired law enforcement officer who:
o Separated from service in good standing;
o Before such separation, served as a law enforcement officer for at least 10 years; and
o Maintains her or his annual firearms proficiency qualification pursuant to the federal Law
Enforcement Officers Safety Act, may bear a firearm in the performance of her or his
duties; 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:
o Separated from service in good standing;
o Before such separation, served as a law enforcement officer for at least 10 years; and
o Maintains her or his annual firearms proficiency qualification pursuant to the federal Law
Enforcement Officers Safety Act, may bear a firearm in the performance of her or his
duties.
The bill revises the provision that allows Class “D” Security Officer licensees who have a Class “G”
Statewide Firearm license and who are performing limited, special assignment duties, or performing
bodyguard or executive protection services, to carry their authorized firearm concealed in the conduct
of such duties. The bill replaces the criteria that they have a Class “G” Statewide Firearm license to
instead allow them to be a retired law enforcement officer who:
Separated from service in good standing;
Before such separation, served as a law enforcement officer for at least 10 years; and
28
18 U.S.C. § 922(g)(9). STORAGE NAME: h1509a.RRS PAGE: 7
DATE: 1/27/2022
Maintains her or his annual firearms proficiency qualification pursuant to the federal Law
Enforcement Officers Safety Act, may bear a firearm in the performance of her or his duties.
B. SECTION DIRECTORY:
Section 1: Amends s. 493.6115, F.S., relating to weapons and firearms.
Section 2: Amends s. 493.6305, F.S., relating to uniforms, required wear; exceptions.
Section 3: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. There may be a positive fiscal impact to DACS by creating an exception to the
eligibility requirements for certain licensees to carry firearms. This may increase the application rate
and related license fees received by DACS, but it is unknown how many applicants will qualify.
According to DACS, the projected annual revenue reductions of Class “G” Statewide Firearm
licensees allowing their license to lapse equaling $115K would be more than offset by almost
$162K of additional estimated revenue collected in the first year of enactment, from these same
Class “C/CC” licensees with Class “G” Statewide Firearm licenses, purchasing Concealed Weapon
licenses to replace the more expensive Class “G” Statewide Firearm license.
29
2. Expenditures:
Indeterminate. There may be a cost to DACS to process additional applicants for licensure.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Creating an exception to the eligibility requirements for private investigative and security industry
licensees to carry firearms will likely have a positive fiscal impact on these individuals and the
businesses they work for. According to DACS:
30
This bill would allow armed private investigators and private investigator interns to substitute
a concealed weapon license for a Class “G” statewide firearms license. This replacement of
a Class “G” license with a concealed weapon license would save armed private investigators
and private investigator interns $112.00 every two years by not renewing the required G
license. Replacement of the two-year G license with a seven-year concealed weapon license
costing $97.00 ($55.00 for the license and $42.00 for the fingerprint background check)
would equate to a $294.98 cost savings over the seven-year term of a concealed weapon
license. (Two-year G license costing $112.00 divided by 2 years equals $56.00 annual
savings per year, versus seven-year concealed weapon license costing $97.00 divided by 7
29
Id.
30
Florida Department of Agriculture and Consumer Services, Agency Analysis of 2022 HB 1509, (Jan. 24, 2022). STORAGE NAME: h1509a.RRS PAGE: 8
DATE: 1/27/2022
years equals an average annual cost of $13.86 per year. The annual cost difference of
$42.14 ($56.00 - $13.86 = $42.14) multiplied by 7 years equals $294.98.
Additional savings in training costs no longer incurred by Class “G” licensees opting to
replace the G license with a concealed weapon license would be realized in the above
scenario, based on required Class G firearms training that would no longer be incurred. Four
hours of annual firearms training are required to renew a G license, or 28 hours of training
from a Class “K” firearms instructor over the seven-year term of a concealed weapon license
would no longer be incurred.
However, according to DACS, Class “K” Firearms Instructors who provide the qualifying training for the
Class “G” Statewide Firearm license would likely experience a reduction in demand for their services
from:
31
Private investigator and intern applicants; and
The annual training required for renewing a Class “G” licensee.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Other Comments
According to DACS:
32
This bill would effectively eliminate professional training requirements for armed (Class “G”)
security officers and private investigators who would be exempted by virtue of holding a
concealed weapon license… Class “G” license training is more professional, expansive, and
rigorous whereas concealed carry training only requires a showing of competence.
There could be an increase in conflict-of-interest issues with more active law enforcement
officers that carry concealed weapon when working as private investigator or security
officer… The Florida Commission on Ethics has held that such arrangements may create a
continuing or frequently recurring conflict between a law enforcement officer’s private
interests and the performance of his public duties.
Class “G” licenses and applications would likely decline due to the bill’s option of substituting
the concealed carry license for both their professional and personal life.
31
Id.
32
Id. STORAGE NAME: h1509a.RRS PAGE: 9
DATE: 1/27/2022
In summary, the enactment of this bill would reduce enforcement jurisdiction by effectively
eliminating the traditional Class “G” training and licensure requirements for those relying
instead on the concealed weapon license for concealed weapon carrying on duty; and
potentially increase conflict-of-interest issues among active law enforcement officers who are
private investigators.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES