reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part I - General Provisions (Ss. 493.6100-493.6132) › 493.6119 - Divulging investigative information; false reports prohibited.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part I - General Provisions (Ss. 493.6100-493.6132) › 493.6122 - Information about licensees; confidentiality.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part I - General Provisions (Ss. 493.6100-493.6132) › 493.6123 - Publication to industry.

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).
(3) The department may publish all information required by this section online in lieu of using a paper format.
History.—ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 537, ch. 97-103; s. 3, ch. 2023-155.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part I - General Provisions (Ss. 493.6100-493.6132) › 493.6124 - Use of state seal; prohibited.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part I - General Provisions (Ss. 493.6100-493.6132) › 493.6125 - Maintenance of information concerning administrative complaints and disciplinary actions.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part I - General Provisions (Ss. 493.6100-493.6132) › 493.6126 - Saving clauses.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part I - General Provisions (Ss. 493.6100-493.6132) › 493.6132 - Online training courses.

493.6132 Online training courses.—
(1) An online training course for a Class “D” license must be conducted live and by a licensed school or training facility that maintains a physical location in this state.
(2) A Class “K” licensed firearms instructor conducting an online training course must maintain a physical location in this state and must conduct online classes live at a location in this state.
(3) An applicant may only be logged into the online training course from one device at a time.
(4) The online training course must include, at a minimum, all of the following:
(a) Security questions to ensure that the applicant is actively using the computer or mobile device and is following along with the online training.
(b) A minimum amount of time that each applicant must spend on each screen before moving on to the next screen.
(c) Randomized test questions.
(d) A digital record of the applicant’s attendance log along with any components required by department rule.
(5) A licensed school or training facility, or a Class “K” licensee conducting an online course, must maintain records of all training sessions, including the name and license number of the instructor who is present online with the students while the students are receiving instruction, and proof of compliance with all security protocols at the school, facility, or place of business in this state. The records required under this subsection must be made accessible to the department’s investigators upon request.
(6) A licensed school or training facility, or a Class “K” licensee conducting an online course, must provide the Division of Licensing with live access to each course for the purposes of auditing, monitoring, or inspection as deemed necessary by the division.
(7) If an applicant is absent during a portion of a live online class, a licensed school or training facility, or a Class “K” licensee conducting an online course, may deliver instruction in part using recordings, as limited by department rule.
History.—s. 2, ch. 2022-79.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part II - Private Investigative Services (Ss. 493.6201-493.6203) › 493.6201 - Classes of licenses.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part II - Private Investigative Services (Ss. 493.6201-493.6203) › 493.6202 - Fees.

493.6202 Fees.—
(1) The department shall establish by rule examination and license fees, not to 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 check or money order or, at the discretion of the department, by electronic funds transfer 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 is nonrefundable.
(4) The initial license fee for a veteran, as defined in s. 1.01, shall be waived if he or she applies for a Class “C,” Class “CC,” or Class “MA” license within 24 months after being discharged from any branch of the United States Armed Forces. An eligible veteran must include a copy of his or her DD Form 214, as issued by the United States Department of Defense, or another acceptable form of identification as specified by the Department of Veterans’ Affairs with his or her application in order to obtain a waiver.
History.—ss. 3, 11, ch. 90-364; s. 4, ch. 91-429; s. 12, ch. 94-172; s. 11, ch. 2011-205; s. 8, ch. 2016-166; s. 18, ch. 2017-85.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part III - Private Security Services (Ss. 493.6301-493.631) › 493.6301 - Classes of licenses.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part III - Private Security Services (Ss. 493.6301-493.631) › 493.6302 - Fees.

493.6302 Fees.—
(1) The department shall establish by rule license fees, not to 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 check or money order or, at the discretion of the department, by electronic funds transfer 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 is nonrefundable.
(4) The initial license fee for a veteran, as defined in s. 1.01, shall be waived if he or she applies for a Class “D,” Class “DI,” or Class “MB” license within 24 months after being discharged from any branch of the United States Armed Forces. An eligible veteran must include a copy of his or her DD Form 214, as issued by the United States Department of Defense, or another acceptable form of identification as specified by the Department of Veterans’ Affairs with his or her application in order to obtain a waiver.
History.—ss. 4, 11, ch. 90-364; s. 4, ch. 91-429; s. 14, ch. 94-172; s. 13, ch. 2011-205; s. 9, ch. 2016-166; s. 20, ch. 2017-85.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part III - Private Security Services (Ss. 493.6301-493.631) › 493.6304 - Security officer school or training facility.

493.6304 Security officer school or training facility.—
(1) Any school, training facility, or instructor who offers the training specified 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 is not refundable.
(2) The application must be signed and verified by the applicant as provided in s. 92.525 and must 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; s. 15, ch. 2011-205; s. 22, ch. 2017-85; s. 4, ch. 2023-155.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part III - Private Security Services (Ss. 493.6301-493.631) › 493.6305 - Uniforms, required wear; exceptions.

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.
(4) Class “D” licensees who are also Class “G” licensees and who are performing bodyguard or executive protection services may carry their authorized firearm concealed while in nonuniform as needed in the conduct of such services.
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; s. 5, ch. 2014-147.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part IV - Repossession Services (Ss. 493.6401-493.6406) › 493.6401 - Classes of licenses.

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 recovery agent 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” recovery agent 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; s. 16, ch. 2011-205.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part IV - Repossession Services (Ss. 493.6401-493.6406) › 493.6402 - Fees.

493.6402 Fees.—
(1) The department shall establish by rule license fees not to 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—recovery agent school or training facility: $60.
(g) Class “RI” license—recovery agent 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 check or money order, or, at the discretion of the department, by electronic funds transfer 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 is nonrefundable.
(4) The initial license fee for a veteran, as defined in s. 1.01, shall be waived if he or she applies for a Class “E,” Class “EE,” Class “MR,” or Class “RI” license within 24 months after being discharged from any branch of the United States Armed Forces. An eligible veteran must include a copy of his or her DD Form 214, as issued by the United States Department of Defense, or another acceptable form of identification as specified by the Department of Veterans’ Affairs with his or her application in order to obtain a waiver.
History.—ss. 5, 11, ch. 90-364; s. 4, ch. 91-429; s. 17, ch. 94-172; s. 17, ch. 2011-205; s. 66, ch. 2012-5; s. 10, ch. 2016-166; s. 23, ch. 2017-85.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part IV - Repossession Services (Ss. 493.6401-493.6406) › 493.6403 - License requirements.

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) An applicant for a Class “E” or a Class “EE” license must submit proof of successful completion 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; s. 24, ch. 2017-85.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part IV - Repossession Services (Ss. 493.6401-493.6406) › 493.6404 - Property inventory; vehicle license identification numbers.

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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part IV - Repossession Services (Ss. 493.6401-493.6406) › 493.6405 - Sale of motor vehicle, mobile home, motorboat, aircraft, personal watercraft, all-terrain vehicles, farm equipment, or industrial equipment by a licensee; penalty.

493.6405 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.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 493 - Private Investigative, Private Security, and Repossession Services › Part IV - Repossession Services (Ss. 493.6401-493.6406) › 493.6406 - Recovery agent school or training facility.

493.6406 Recovery agent school or training facility.—
(1) Any school, training facility, or instructor who offers the training outlined in s. 493.6403(2) for Class “E” or 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 must be signed and verified by the applicant as provided in s. 92.525 and must 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; s. 18, ch. 2011-205; s. 5, ch. 2023-155.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.0012 - Investigations; complaints; examinations.

494.0012 Investigations; complaints; examinations.—
(1) The office may conduct an investigation of any person whenever the office has reason to believe, either upon complaint or otherwise, that any violation of this chapter has been committed or is about to be committed.
(2) Any person having reason to believe that a provision of this act has been violated may file a written complaint with the office setting forth details of the alleged violation.
(3)(a) The office may, at intermittent periods, conduct examinations of any licensee or other person under the provisions of this chapter.
(b) The office shall conduct all examinations at a convenient location in this state unless the office determines that it is more effective or cost-efficient to perform an examination at the licensee’s out-of-state location. For an examination performed at the licensee’s out-of-state location, the licensee shall pay the travel expense and per diem subsistence at the rate provided by law for up to thirty 8-hour days per year for each office examiner who participates in such an examination. However, if the examination involves or reveals fraudulent conduct by the licensee, the licensee shall pay the travel expense and per diem subsistence provided by law, without limitation, for each participating examiner.
(4) To reduce the burden on persons subject to this chapter, the office may conduct a joint or concurrent examination with a state or federal regulatory agency and may furnish a copy of all examinations to an appropriate regulator if the regulator agrees to abide by the confidentiality provisions in chapter 119 and this chapter. The office may also accept an examination from an appropriate regulator.
History.—ss. 3, 50, ch. 91-245; s. 4, ch. 91-429; s. 1, ch. 92-9; s. 3, ch. 99-213; s. 515, ch. 2003-261; s. 36, ch. 2014-91.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.0013 - Injunction to restrain violations.

494.0013 Injunction to restrain violations.—
(1) The office may bring action through its own counsel in the name and on behalf of the state against any person who has violated or is about to violate any provision of this chapter or any rule of the commission or order of the office issued under this chapter to enjoin the person from continuing in or engaging in any act in furtherance of the violation.
(2) In any injunctive proceeding, the court may, on due showing by the office, issue a subpoena or subpoena duces tecum requiring the attendance of any witness and requiring the production of any books, accounts, records, or other documents and materials that appear necessary to the expeditious resolution of the application for injunction.
(3) In addition to all other means provided by law for the enforcement of any temporary restraining order, temporary injunction, or permanent injunction issued in any such court proceeding, the court has the power and jurisdiction, upon application of the office, to impound, and to appoint a receiver or administrator for, the property, assets, and business of the defendant, including, but not limited to, the books, records, documents, and papers appertaining thereto. Such receiver or administrator, when appointed and qualified, has all powers and duties as to custody, collection, administration, winding up, and liquidation of the property and business as are from time to time conferred upon him or her by the court. In any such action, the court may issue an order staying all pending suits and enjoining any further suits affecting the receiver’s or administrator’s custody or possession of the property, assets, and business, or the court, in its discretion and with the consent of the chief judge of the circuit, may require that all such suits be assigned to the circuit court judge who appoints the receiver or administrator.
History.—ss. 4, 50, ch. 91-245; s. 4, ch. 91-429; s. 541, ch. 97-103; s. 517, ch. 2003-261.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.00135 - Subpoenas.

494.00135 Subpoenas.—
(1) The office may:
(a) Issue and serve subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of all books, accounts, records, and other documents and materials relevant to an examination or investigation conducted by the office. The office, or its authorized representative, may administer oaths and affirmations to any person.
(b) Seek subpoenas or subpoenas duces tecum from any court to command the appearance of witnesses and the production of books, accounts, records, and other documents or materials at a time and place named in the subpoenas, and an authorized representative of the office may serve such subpoenas.
(2) If there is substantial noncompliance with a subpoena or subpoena duces tecum issued by the office, the office may petition the court in the county where the person subpoenaed resides or has his or her principal place of business for an order requiring the person to appear, testify, or produce such books, accounts, records, and other documents as are specified in the subpoena or subpoena duces tecum.
(a) The court may grant injunctive relief restraining the person from advertising, promoting, soliciting, entering into, offering to enter into, continuing, or completing a mortgage loan or servicing a mortgage loan.
(b) The court may grant such other relief, including, but not limited to, the restraint, by injunction or appointment of a receiver, of any transfer, pledge, assignment, or other disposition of the person’s assets or any concealment, alteration, destruction, or other disposition of books, accounts, records, or other documents and materials as the court deems appropriate, until the person has fully complied with the subpoena duces tecum and the office has completed its investigation or examination.
(c) The court may order the refund of any fees collected in a mortgage loan transaction if books and documents substantiating the transaction are not produced or cannot be produced.
(d) If it appears to the office that compliance with a subpoena or subpoena duces tecum issued is essential and otherwise unavailable to an investigation or examination, the office may apply to the court for a writ of ne exeat pursuant to s. 68.02.
(e) The office may seek a writ of attachment to obtain all books, accounts, records, and other documents and materials relevant to an examination or investigation.
(3) The office is entitled to the summary procedure provided in s. 51.011, and the court shall advance such cause on its calendar. Attorney’s fees and any other costs incurred by the office to obtain an order granting, in whole or in part, a petition for enforcement of a subpoena or subpoena duces tecum shall be taxed against the subpoenaed person, and failure to comply with such order is a contempt of court.
History.—s. 5, ch. 2009-241.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.0014 - Cease and desist orders; refund orders.

494.0014 Cease and desist orders; refund orders.—
(1) The office may issue and serve upon any person an order to cease and desist and to take corrective action if it has reason to believe the person is violating, has violated, or is about to violate any provision of this chapter, any rule or order issued under this chapter, or any written agreement between the person and the office. All procedural matters relating to issuance and enforcement of such order are governed by the Administrative Procedure Act.
(2) The office may order the refund of any fee directly or indirectly assessed and charged on a mortgage loan transaction which is unauthorized or exceeds the maximum fee specifically authorized in this chapter, or any amount collected for the payment of third-party fees which exceeds the cost of the service provided.
History.—ss. 5, 50, ch. 91-245; s. 4, ch. 91-429; s. 518, ch. 2003-261; s. 2, ch. 2007-182; s. 6, ch. 2009-241.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.0015 - Evidence; examiner’s worksheets, investigative reports, other related documents.

494.0015 Evidence; examiner’s worksheets, investigative reports, other related documents.—In any hearing in which the financial examiner acting under authority of this chapter is available for cross-examination, any official written report, worksheet, or other related paper, or a duly certified copy thereof, compiled, prepared, drafted, or otherwise made by the financial examiner, after being duly authenticated by the examiner, may be admitted as competent evidence upon the oath of the examiner that the report, worksheet, or related paper was prepared as a result of an examination of the books and records of a licensee or other person conducted pursuant to the authority of this chapter.
History.—ss. 6, 50, ch. 91-245; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.0016 - Books, accounts, and records; maintenance; examinations by the office.

494.0016 Books, accounts, and records; maintenance; examinations by the office.—
(1) Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records, and documents necessary to determine the licensee’s compliance with this chapter.
(2) The office may authorize maintenance of records at a location other than a principal place of business. The office may require books, accounts, and records to be produced and available at a reasonable and convenient location in this state.
(3) All books, accounts, records, documents, and receipts for expenses paid by the licensee on behalf of the borrower, including each closing statement signed by a borrower, shall be preserved and kept available for examination by the office for at least 3 years after the date of original entry.
(4) The commission may prescribe by rule the minimum information to be shown in the books, accounts, records, and documents of licensees so that such records will enable the office to determine the licensee’s compliance with this chapter. In addition, the commission may prescribe by rule requirements for the destruction of books, accounts, records, and documents retained by the licensee after completion of the time period specified in subsection (3).
History.—ss. 7, 50, ch. 91-245; s. 4, ch. 91-429; s. 5, ch. 99-213; s. 519, ch. 2003-261; s. 3, ch. 2006-213.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.00165 - Prohibited advertising; record requirements.

494.00165 Prohibited advertising; record requirements.—
(1) It is a violation of this chapter for any person to:
(a) Advertise that an applicant shall have unqualified access to credit without disclosing the material limitations on the availability of such credit. Material limitations include, but are not limited to, the percentage of down payment required, that a higher rate or points could be required, or that restrictions on the maximum principal amount of the loan offered could apply.
(b) Advertise a mortgage loan at an expressed interest rate unless the advertisement specifically states that the expressed rate could change or not be available at commitment or closing.
(c) Advertise mortgage loans, including rates, margins, discounts, points, fees, commissions, or other material information, including material limitations on such loans, unless the person is able to make such mortgage loans available to a reasonable number of qualified applicants.
(d) Falsely advertise or misuse names indicating a federal agency pursuant to 18 U.S.C. s. 709.
(e) Engage in unfair, deceptive, or misleading advertising regarding mortgage loans, brokering services, or lending services.
(2) Each person required to be licensed under this chapter must maintain a record of samples of each of its advertisements, including commercial scripts of each radio or television broadcast, for examination by the office for 2 years after the date of publication or broadcast.
History.—s. 6, ch. 99-213; s. 520, ch. 2003-261; s. 7, ch. 2009-241.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.00173 - Mortgage Guaranty Trust Fund; creation.

494.00173 Mortgage Guaranty Trust Fund; creation.—
(1) The Mortgage Guaranty Trust Fund is created within, and shall be administered by, the Office of Financial Regulation.
(2) Funds to be credited to the trust fund shall consist of the fee imposed pursuant to s. 494.00172 on loan originators, mortgage brokers, and mortgage lenders licensed under this chapter. Moneys in the trust fund shall be used to pay claims against loan originators, mortgage brokers, and mortgage lenders pursuant to s. 494.00172.
(3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.
History.—s. 1, ch. 2010-135; s. 2, ch. 2013-11.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 494 - Loan Originators and Mortgage Brokers › Part I - General Provisions (Ss. 494.001-494.00296) › 494.0018 - Penalties.

494.0018 Penalties.—
(1) Whoever knowingly violates any provision of s. 494.00255(1)(a), (b), or (c) or s. 494.0025(1), (2), (3), (4), or (5), except as provided in subsection (2) of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each such violation constitutes a separate offense.
(2) Any person who violates any provision of this chapter, in which the total value of money and property unlawfully obtained exceeds $50,000 and there are five or more victims, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 9, 50, ch. 91-245; s. 4, ch. 91-429; s. 10, ch. 2009-241; s. 4, ch. 2018-61.