F.S. 1983 CONTRACTING Ch. 489 (a) The contents of this act ......Ch.489 CONTRACTING F.S. 1983 tion courses or to work under the supervision of an other electrical contractor. (f) Restriction

F.S. 1983 CONTRACTING Ch. 489

(a) The contents of this act; and (b) The contents of the rules of the board and the

contents of the rules of the department which affect local government as determined by the department.

History.-ss. 11, 17, ch. 79-272; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.61 in advance of that date.

1489.527 Certificateholders qualified to par-ticipate in projects under s. 235.31.-Notwith-standing any provisions to the contrary in s. 235.31 concerning prequalification of bidders, any person holding a certificate is qualified to participate in any project contemplated by the section.



1489.531 Prohibitions; penalties.-(1) No person shall knowingly: (a) Practice electrical contracting unless the per-

son is certified or registered; (b) Use the name or title "electrical contractor" or

words to that effect when the person is not then the holder of a valid certification or registration issued pursuant to this act;

(c) Present as his own the certification or regis-tration of another;

(d) Use or attempt to use a certification or regis-tration which has been suspended, revoked, or placed on inactive status;

(e) Employ unlicensed persons to practice electri-cal contracting;

(f) Give false or forged evidence to the depart-ment, the board, or a member thereof for the purpose of obtaining a certification or registration;

(g) Use or attempt to use an electrical contrac-tor's certification or registration which has been sus-pended or revoked; or

(h) Conceal information relative to violations of this act.

(2) Any person who violates any provision of this section is guilty of a misdemeanor of the first degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084.



1489.533 Disciplinary proceedings.-(!) The following acts constitute grounds for

which the disciplinary actions in subsection (2) may be taken:

(a) Violation of any provision of s. 489.531 or chapter 455;

(b) Attempting to procure a certificate or regis-tration to practice electrical contracting by bribery or fraudulent misrepresentations;

(c) Having a certificate or registration to practice electrical contracting revoked, suspended, or other-wise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country;

(d) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which di-rectly relates to the practice of electrical contracting or the ability to practice electrical contracting;

(e) Making or filing a report or record which the licensee knows to be false, willfully failing to file a re-port or record required by state or federal law, will-fully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed electri-cal contractor;

(f) Upon proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or miscon-duct in the practice of electrical contracting;

(g) Violation of chapter 455; (h) Practicing on a revoked, suspended, or inac-

tive certificate or registration; (i) Willfully or deliberately disregarding and vio-

lating the applicable building codes or laws of the state or any municipality or county thereof;

(j) Aiding or abetting any person to evade any provision of this act;

(k) Knowingly combining or conspiring with any person by allowing one's certificate to be used by any uncertified person with intent to evade the provisions of this act. When a licensee allows his license to be used by one or more companies without having any active participation in the operations or management of said companies, such act constitutes prima facie evidence of an intent to evade the provisions of this act;

(1) Acting in the capacity of a contractor under any license issued hereunder except in the name of the licensee as set forth on the issued certificate or registration or in accordance with the personnel of the licensee as set forth in the application for the cer-tificate or registration or as later changed as provided in this act;

(m) Diverting funds or property received for prosecution or completion of a specified construction project or operation when as a result of the diversion the contractor is or will be unable to fulfill the terms of his obligation or contract;

(n) Disciplinary action by any municipality or county, which action shall be reviewed by the board before the board takes any disciplinary action of its own; or

(o) Failing in any material respect to comply with the provisions of this act.

(p) Abandonment of a project which the contrac-tor is engaged in or is under contractual obligation to perform. The failure of a contractor to perform work without just cause for 90 consecutive days shall create a presumption that the contractor has aban-doned the job.

(2) When the board finds any electrical contrac-tor guilty of any of the grounds set forth in subsec-tion (1), it may enter an order imposing one or more of the following penalties:

(a) Denial of an application for licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to ex-

ceed $1,000 for each count or separate offense. (d) Issuance of a reprimand. (e) Placement of the electrical contractor on pro-

bation for a period of time and subject to such condi-tions as the board may specify, including requiring the electrical contractor to attend continuing educa-

1351

Ch.489 CONTRACTING F.S. 1983

tion courses or to work under the supervision of an-other electrical contractor.

(f) Restriction of the authorized scope of practice by the electrical contractor.

(3) The department shall reissue the license of a disciplined electrical contractor upon certification by the board that he has complied with all of the terms and conditions set forth in the final order.

( 4) The board may restrain any violation of this act by action in a court of competent jurisdiction.

History.-ss. 14, 17, ch. 79-272; ss. 2, 3, ch. 81-318; s. 90, ch. 83-329. 'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81·318, and scheduled


'489.535 Prosecution of criminal violations. -The board shall report any criminal violation of this act to the proper prosecuting authority for prompt prosecution.

History.-ss. 15, 17, ch. 79-272; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1988, by s. 2, cb. 81-318, and scheduled


'489.537 Application of act.-(1) This act applies to any contractor performing

work for the state or any county or municipality. (2) The scope of electrical contracting shall apply

to private and public property and shall include any excavation, paving, and other related work incidental thereto and shall include the work of all specialty electrical contractors. However, such contractor shall subcontract the work of any other craft for which an examination for a certificate of competency or regis-tration or a license is required, unless such contractor holds a certificate of competency or registration or li-cense for the respective trade category as required by the appropriate local authority.

(3) Nothing in this act limits the power of a mu-nicipality or county:

(a) To regulate the quality and character of work performed by contractors through a system of per-mits, fees, and inspections which is designed to se-cure compliance with, and aid in the implementation of, state and local building laws or to enforce other

local laws for the protection of the public health and safety.

(b) To collect fees for occupational licenses and inspections for engaging in contracting or examina-tion fees from persons who are registered with the lo-cal boards pursuant to local examination require-ments.

(c) To adopt any system of permits requiring submission to and approval by the municipality or county of plans and specifications for work to be per-formed by contractors before commencement of the work.

(4) Nothing in this act shall be construed to waive any requirements of any existing local ordi-nance or resolution of a board of county commission-ers regulating the type of work required to be per-formed by specialty contractors.

(5) Any official authorized to issue building or other related permits shall ascertain that the appli-cant contractor is certified or registered and duly qualified according to any local requirements in the area where the construction is to take place before is-suing the permit. The evidence shall consist only of the exhibition to him of current evidence of proper certification or registration and local qualification.

(6) Municipalities or counties may continue to provide examinations for their territorial area if a certificate has not been issued by the board. Any disciplinary action by a municipality, county, or oth-er local unit of government against an electrical con-tractor for an act or omission relating to electrical contracting shall be reported to the board within 30 days after such final action.

(7) The right to create local boards in the future by any municipality or county is preserved.

History.-ss. 11, 17, ch. 79-272; s. 374, ch. 81-259; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled


1352

F.S. 1983 PSYCHOLOGICAL SERVICES Ch.490

CHAPTER 490

PSYCHOLOGICAL SERVICES

490.001 490.002 490.003 490.004 490.005 490.006 490.007 490.008 490.009 490.0111

490.012 490.014 490.015

Short title. Intent. Definitions. Board of Psychological Examiners. Licensure by examination. Licensure by endorsement. Renewal of license. Inactive status. Discipline. Sexual misconduct in the practice of a

profession which is licensed under this chapter.

Violations; penalties; injunction. Exemptions. Duties of the department.

1490.001 Short title.-This chapter may be cit-ed as the "Psychological Services Act."

History.-ss. I, 3, ch. 81-235; ss. I, 3, ch. 83-265. 'Note.-Repealed effective October I, 1988, by s. I , ch. 83-265, and scheduled


1490.002 Intent.-The Legislature finds that as society becomes increasingly complex, emotional sur-vival is equal in importance to physical survival. Therefore, in order to preserve the health, safety, and welfare of the public, the Legislature must provide privileged communication for members of the public or those acting on their behalf to encourage needed or desired psychological services to be sought out. The Legislature further finds that, since such psy-chological services assist the public primarily with emotional survival, which in turn affects physical and psychophysical survival, the practice of psychology, school psychology, clinical social work, marriage and family therapy, and mental health counseling by per-sons not qualified to practice such professions pres-ents a danger to public health, safety, and welfare. The Legislature finds that, to further secure the health, safety, and welfare of the public and also to encourage professional cooperation among all quali-fied professionals, the Legislature must assist the public in making informed choices of such qualified psychological services by establishing minimum qual-ifications for entering into and remaining in the re-spective professions.

History.-ss. I , 3, ch. 81-235; ss. I, 3, ch. 83-265. 'Note.-Repealed effective October I, 1988, by s. I, ch. 83-265, and scheduled


1490.003 Definitions.-(!) "Department" means the Department of Pro-

fessional Regulation. (2) "Board" means the Board of Psychological

Examiners. (3) "Psychologist" means a person licensed pursu-

ant to s. 490.005(1), s. 490.006, or the provision iden-tified ass. 490.013(2) ins. 1, ch. 81-235, Laws of Flor-ida.

(4) "Clinical social worker" means a person li-censed pursuant to s. 490.005(2)(a), s. 490.006, or the provision identified ass. 490.013(1) ins. 1, ch. 81-235, Laws of Florida.

(5) "Marriage and family therapist" means a per-son licensed pursuant to s. 490.005(2)(b), s. 490.006, or the provision identified as s. 490.013(1) in s. 1, ch. 81-235, Laws of Florida.

(6) "Mental health counselor" means a person li-censed pursuant to s. 490.005(2)(c), s. 490.006, or the provision identified ass. 490.013(1) ins. 1, ch. 81-235, Laws of Florida.

(7) "School psychologist" means a person licensed pursuant to s. 490.005(2)(d), s. 490.006, or the provi-sion identified as s. 490.013(1) in s. 1, ch. 81-235, Laws of Florida. A school psychologist may only ren-der or offer to render to individuals, groups, organi-zations, government agencies, or the public any of the following services:

(a) Evaluation, measurement, and assessment of intellectual ability, aptitudes, or achievement that di-rectly relates to learning or behavioral problems in an educational setting in order to determine appropriate recommendations.

(b) Psychoeducational or vocational consultation or direct psychoeducational service to schools, agen-cies, organizations, or psychological professionals, which is directly related to learning problems.

(c) Development of programs to facilitate the learning process of clients.

History.-ss. I, 3, ch. 81-235; ss. I, 3, ch. 83-265. 'Note.-Repealed effective October I, 1988, by s. I, ch. 83-265, and scheduled


1490.004 Board of Psychological Examiners.

(1) There is created within the Department of Professional Regulation a Board of Psychological Ex-aminers, composed of seven members appointed by the Governor and confirmed by the Senate.

(2) Five members of the board shall be licensed psychologists in good standing in this state, and the remaining two members shall be citizens of the state who are not and have never been licensed psycholo-gists and who are in no way connected with the prac-tice of psychology.

(3) No later than January 1, 1982, the Governor shall appoint seven members of the board as follows:

(a) Two members for terms of 2 years each. (b) Two members for terms of 3 years each. (c) Three members for terms of 4 years each. ( 4) As the terms of the initial members expire,

the Governor shall appoint successors for terms of 4 years; and such members shall serve until their suc-cessors are appointed.

(5) The board shall adopt rules to implement the provisions of this chapter.

(6) All applicable provisions of chapter 455 relat-ing to activities of regulatory boards shall apply to the board.

(7) The board shall maintain its official head-quarters in the City of Tallahassee.

History.-ss. I, 3, ch. 81-235; ss. I, 3, ch. 83-265. 'Note.-Repealed effective October I, 1988, by s. I , ch. 83-265, and scheduled


1490.005 Licensure by examination.-(!) Any person desiring to be licensed as a psy-

1353

Ch. 490 PSYCHOLOGICAL SERVICES F.S. 1983

chologist shall apply to the department to take the li-censure examination. The department shall license each applicant who the board certifies has:

(a) Completed the application form and remitted an examination fee set by the board not to exceed $250.

(b) Submitted proof satisfactory to the board that he has received a doctoral degree with a major in psychology from a university or professional school that has a program approved by the American Psy-chological Association or that he has received a doc-toral degree in psychology from a university or pro-fessional school maintaining a standard of training comparable to the standards of training of those uni-versities having programs approved by the American Psychological Association or the doctoral psychology programs of the state universities.

(c) Had at least 2 years' or 4,000 hours' full-time experience in the field of psychology in association with or under the supervision of a psychologist meet-ing the academic and experience requirements of this chapter. The experience requirement may be met by work performed on or off the premises of the super-vising psychologist if the off-premises work is not the independent, private practice rendering of psycho-logical services that does not have a psychologist as a member of the group actually rendering psychologi-cal services on the premises. No more than 1 year of predoctoral experience may be utilized in satisfying the experience required.

(d) Passed the examination. (2) Upon verification of documentation and pay-

ment of a fee not to exceed $250 as set by department rule, the department shall issue a license to an appli-cant as a:

(a) Clinical social worker who: 1. Has made application therefor and paid the

appropriate fee. 2. Has received a master's degree with a major

emphasis or specialty in direct patient or client health care services, including, but not limited to, programs of study in psychiatric social work, medical social work, social casework, psychotherapy, or group therapy, from a graduate school of social work ap-proved by the Council on Social Work Education, or has received a doctoral degree in social work with clinical emphasis from a college or university accred-ited by an accrediting agency approved by the United States Department of Education.

3. Has had at least 3 years' experience as a pro-vider of behavioral therapy, 2 years of which must be at the post-master's level and 2 years of which must be under the supervision of someone who meets the education and experience requirements for licensure as a clinical social worker under this chapter. A doc-toral internship may be applied toward the supervi-sion requirement.

4. Has passed an examination prepared by the department or the state professional organization for clinical social workers as designated by the depart-ment for this purpose.

(b) Marriage and family therapist who: 1. Has made application therefor and paid the

appropriate fee. 2. Has a minimum of a master's degree with rna-

jor emphasis in marriage and family therapy, psy-chology, clinical social work, or mental health coun-seling from a college or university accredited by an accrediting agency approved by the United States Department of Education, or has completed all of the following requirements from a college or university accredited by an accrediting agency approved by the United States Department of Education:

a. A minimum of a master's degree. b. Eighteen semester hours or 27 quarter hours of

graduate coursework in theory and practice of mar-riage and family therapy, pastoral care and counsel-ing, sex therapy, counseling theories and practice, guidance counseling, or theory of individual or small group human behavior. No more than 6 semester hours or 9 quarter hours of vocational counseling may be applied to meet this 18-semester-hour or 27-quar-ter-hour requirement. Courses in research, evalua-tion, appraisal, assessment, or testing theories and procedures; thesis work; or practicums, internships, or fieldwork may not be applied toward this require-ment.

c. A minimum of one course in evaluation, re-search, appraisal, assessment, or testing procedures. Credit for thesis work may not be applied toward this requirement.

d. A minimum of one supervised practicum, in-ternship, or field experience in a counseling setting. This requirement may be met by a supervised prac-tice experience which took place outside the academ-ic arena, but which is certified as equivalent to a sim-ilar program within an academic program of a college or university accredited by an accrediting agency ap-proved by the United States Department of Educa-tion. Such certification shall be required from an offi-cial of such college or university.

3. Coursework which is taken at the baccalaure-ate level and is considered a part of an accredited program for which the applicant has received a mini-mum of a master's degree and which is required for completion of the master's degree program may be applied toward the educational requirements for li-censure.

4. Has had not less than 3 years' experience as a marriage and family therapist, 2 years of which must be at the post-master's level and 2 years of which must be under the supervision of someone who meets the education and experience criteria required for li-censure as a marriage and family therapist under this chapter. A doctoral internship may be applied toward the supervision requirement.

5. Has passed an examination prepared by the department or the state professional organization for marriage and family therapists as designated by the department for this purpose.

(c) Mental health counselor who: 1. Has made application therefor and paid the

appropriate fee. 2. Has received a minimum of an earned master's

degree in mental health counseling, psychology, guid-ance counseling, or rehabilitation counseling at a col-lege or university accredited by an accrediting agency approved by the United States Department of Edu-cation or has completed all of the following require-ments from a college or university accredited by an

1354

F.S. 1983 PSYCHOLOGICAL SERVICES Ch. 490

accrediting agency approved by the United States Department of Education:

a. A minimum of a master's degree. b. Eighteen semester hours or 27 quarter hours of

graduate coursework in counseling theories and prac-tice, guidance counseling, or theory of individual or small group human behavior. No more than 6 semes-ter hours or 9 quarter hours of vocational counseling may be applied to meet this 18-semester-hour or 27-quarter-hour requirement. Courses in research, evaluation, appraisal, assessment, or testing theories and procedures; thesis work; or practicums, intern-ships, or fieldwork may not be applied toward this re-quirement.

c. A minimum of one course in evaluation, re-search, appraisal, assessment, or testing procedures. Credit for thesis work may not be applied toward this requirement.

d. A minimum of one supervised practicum, in-ternship, or field experience in a counseling setting. This requirement may be met by a supervised prac-tice experience which takes place outside the aca-demic arena, but which is certified as equivalent to a similar program within an academic program of a col-lege or university accredited by an accrediting agency approved by the United States Department of Edu-cation. Such certification shall be required from an official of such college or university.

3. Coursework which is taken at the baccalaure-ate level and is considered a part of an accredited program for which the applicant has received a mini-mum of a master's degree and which is required for completion of the master's degree program may be applied toward the educational requirements for li-censure.

4. Has had a minimum of 3 years' experience in mental health counseling, 2 years of which must be at the post-master's level and 2 years of which must be under the supervision of someone who meets the edu-cation and experience requirements for licensure as a mental health counselor under this chapter. A doc-toral internship may be applied toward the supervi-sion requirement.

5. Has passed an examination prepared by the department or the state professional organization for mental health counselors as designated by the de-partment for this purpose.

(d) School psychologist who: 1. Has made application therefor and paid the

appropriate fee. 2. Has received a doctorate, specialist, or equiva-

lent degree and has completed 60 semester hours or 90 quarter hours of graduate study, primarily psycho-logical in nature, from a college or university accred-ited by an accrediting agency approved by the United States Department of Education.

3. Has had a minimum of 3 years' experience in school psychology, 2 years of which must be at the post-master's level and 2 years of which must be su-pervised experience as a school psychologist. A doc-toral internship may be applied toward the supervi-sion requirement.

4. Has passed an examination prepared by the department or the state professional organization for school psychologists as designated by the department for this purpose.

History.-ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; s. 91, ch. 83-329. 'Note.-Repealed effective October 1, 1988, by s. 1, ch. 83-265, and scheduled


'490.006 Licensure by endorsement.-(!) The department shall license a person in a

profession regulated by this chapter who, upon ap-plying to the department and remitting the appropri-ate fee, demonstrates to the department or, in the case of psychologists, to the board that he holds a valid license or certificate in another state to practice the profession for which licensure is applied, provid-ed that, when the applicant secured such license or certificate, the requirements were substantially equivalent to or more stringent than those set forth in this chapter.

(2) Such examinations and requirements of other states shall be presumed to be substantially equiva-lent to or more stringent than those in this state un-less the department or, in the case of psychologists, the board by rule finds otherwise. Such presumption shall not arise until January 1, 1982.

(3) The department shall not issue a license by endorsement to any applicant who is under investiga-tion in another state for an act which would consti-tute a violation of this chapter until such time as the investigation is complete, at which time the provi-sions of s. 490.009 shall apply.



'490.007 Renewal of license.-(1) The department or, in the case of psycholo-

gists, the board shall prescribe by rule a method for the biennial renewal of licenses at a fee set by rule, not to exceed $150.

(2) Each applicant for renewal shall present satis-factory evidence that, in the period since the license was issued, the applicant has completed continuing education requirements set by rule of the department or, in the case of psychologists, by rule of the board. Not more than 25 hours of continuing education per year shall be required.

(3) Any license that is delinquent for a period of less than 1 year shall be automatically placed on in-active status. Such license may be reactivated only when the licensee pays twice the amount of the delin-quent fee and meets the continuing education re-quirements for reactivation pursuant to the provi-sions of 2subsection (4).

History.-ss. 1, 3, ch. 81-235; s. 102, ch. 83-218; ss. 1, 3, ch. 83-265; s. 116, ch. 83-329.

'Note.-Repealed effective October 1, 1988, by s. 1, ch. 83-265, and scheduled for review pursuant to s. 11.61 in advance of that date.

'Note.-Subsection (4) of s. 490.007 was repealed by s. 116, ch. 83-329; sees. 115, ch. 83-329, which amended s. 490.008 to include language formerly in s. 490.007(4) relating to continuing education requirements.

'490.008 Inactive status.-2(1) A license which has become inactive may be

reactivated pursuant to s. 490.007 upon application to the department. The department or, in the case of psychologists, the board may prescribe by rule con-tinuing education requirements as a condition of re-activating a license. The continuing education re-quirements for reactivating a license shall not exceed 25 classroom hours for each year the license was inac-tive. Any such license which has been inactive for more than 4 years shall automatically expire if the li-censee has not made application for renewal of such license. Once a license expires, it becomes null and

1355

Ch.490 PSYCHOLOGICAL SERVICES F.S. 1983

void without any further action by the board or de-partment. One year prior to expiration of the license, the department shall give notice to the licensee.

(2) The board shall promulgate rules relating to licenses which have become inactive and for the re-newal of inactive licenses. The board shall prescribe by rule a fee not to exceed $50 for the reactivation of an inactive license and a fee not to exceed $50 for the renewal of an inactive license.

History.-ss. I, 3, ch. 81-235; ss. I, 3, ch. 83-265; s. 115, ch. 83-329. 'Note.-Repealed effective October 1, 1988, by s. 1, ch. 83-265, and scheduled

for review pursuant to s. 11.61 in advance of that date. ' Note.-Section 115, ch. 83-329, provides that any licensee whose license is

inactive on October 1, 1983, "may retain inactive status for 4 years beginning from the date of the next biennial renewal, whereupon such inactive license shall expire if no reactivation or renewal of the inactive license has occurred."

'490.009 Discipline.-(!) When the department or, in the case of psy-

chologists, the board finds that an applicant or li-censee whom it regulates under this chapter has com-mitted any of the acts set forth in subsection (2), it may issue an order imposing one or more of the fol-lowing penalties:

(a) Denial of an application for licensure, either temporarily or permanently. .

(b) Revocation of an application for licensure, ei-ther temporarily or permanently.

(c) Suspension after hearing of a license for ape-riod of up to 5 years.

(d) Immediate suspension of a license pursuant to s. 120.60(7).

(e) Imposition of an administrative fine not to ex-ceed $1,000.

(f) Issuance of a public reprimand. (2) The following acts of a licensee or applicant

are grounds for which the disciplinary actions listed in subsection (1) may be taken:

(a) Attempting to obtain, obtaining, or renewing a license under this chapter by bribery or fraudulent misrepresentation or through an error of the board or department.

(b) Having a license to practice a comparable profession revoked, suspended, or otherwise acted against, including the denial of certification or licen-sure by another state, territory, or country.

(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which di-rectly relates to the practice of his profession or the ability to practice his profession.

(d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the repre-sentation that beneficial results from any treatment will be guaranteed.

(e) Advertising, practicing, or attempting to prac-tice under a name other than one's own.

(f) Maintaining a professional association with any person whom the applicant or licensee knows, or has reason to believe, is in violation of this chapter or of a rule of the department or, in the case of psychol-ogists, of the department or the board.

(g) Knowingly aiding, assisting, procuring, or ad-vising any nonlicensed person to hold himself out as licensed under this chapter.

(h) Failing to perform any statutory or legal obli-gation placed upon a person licensed under this chapter.

(i) Willfully making or filing a false report or re-cord; failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record. Such report or record includes only those which re-quire the signature of a person licensed under this chapter.

U) Paying or receiving a kickback, rebate, bonus, or other remuneration for receiving a patient or client or referring a patient or client to another provider of mental health care services or to a provider of health care services or goods.

(k) Committing any act upon a patient or client, other than the spouse of the actor, which would con-stitute sexual battery or which would constitute sex-ual misconduct as defined ins. 490.0111.

(1) Making misleading, deceptive, untrue, or fraudulent representations in the practice of any pro-fession licensed under this chapter.

(m) Soliciting patients or clients personally, or through an agent, through the use of fraud, intimida-tion, undue influence, or a form of overreaching or vexatious conduct.

(n) Failing to make available to a patient or cli-ent, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client.

(o) Failing to respond within 30 days to a written communication from the department concerning any investigation by the department or to make available any relevant records with respect to any investigation about the licensee's conduct or background.

(p) Being unable to practice the profession for which he is licensed under this chapter with reason-able skill and competence as a result of any mental or physical condition or by reason of illness; drunken-ness; or excessive use of drugs, narcotics, chemicals, or any other substance.

(q) Violating provisions of this chapter, or of chapter 455, or any rules adopted pursuant thereto.

(r) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community, would constitute experimentation on human subjects, with-out first obtaining full, informed, and written con-sent.

(s) Failing to meet the minimum standards of performance in professional activities when mea-sured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience.

(t) Delegating professional responsibilities to a person whom the licensee knows or has reason to know is not qualified by training or experience to perform such responsibilities.

(u) Violating a rule relating to the regulation of the profession or a lawful order of the department previously entered in a disciplinary hearing.

(v) Failure of the licensee to maintain in confi-dence a communication made by a patient or client in the context of such services, except by written per-mission or in the face of a clear and immediate prob-

1356

F.S. 1983 PSYCHOLOGICAL SERVICES Ch. 490

ability of bodily harm to the patient or client or to others.

(w) Making public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients.

History.-ss. I , 3, ch. 81-235; s. 35, ch. 83-215; ss. I , 3, ch. 83-265. 'Note.- Repealed effective October 1, 1988, by s. 1, ch. 83-265, and scheduled


1490.0111 Sexual misconduct in the practice of a profession which is licensed under this chapter.-Sexual misconduct in the practice of clin-ical social work, marriage and family therapy, mental health counseling, psychology, or school psychology is prohibited. Sexual misconduct shall be defined by rule.

History.-ss. I , 3, ch. 81-235; ss. I , 3, ch. 83-265. 'Note.-Repealed effective October I , 1988, by s. 1, ch. 83-265, and scheduled


1490.012 Violations; penalties; injunction.-(!) No person shall hold himself out by any title

or description incorporating the words, or permuta-tions of them, "psychologist," "psychology," "psycho-logical," "school psychologist," "psychotherapy," "clinical social work," "licensed social worker," "psy-chiatric social worker," "mental counseling," "mar-riage therapist," "marriage counselor," "marriage con-sultant," "family therapist," "family counselor," "fam-ily consultant," "mental health counselor," "sex thera-pist," or "sex counselor," unless such person is li-censed under this chapter or is exempt from the pro-visions of this chapter. No person licensed pursuant to this chapter shall hold himself out by any title or description which indicates licensure other than that which has been granted to him.

(2) Any person who violates any provision of this section is guilty of a misdemeanor of the first degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084.

(3) The department may institute appropriate proceedings to enjoin violation of subsection (1) .

History.-ss. 1, 3, ch. 81 -235; ss. 1, 3, ch. 83-265. 'Note.-Repealed effective October 1, 1988, by s. 1, ch. 83-265, and scheduled


1490.014 Exemptions.-(1) No provision of this chapter shall be con-

strued to limit the practice of medicine, osteopathy, nursing, or other recognized business or profession, or to prevent qualified members of other professions from doing work of a nature consistent with their training, so long as they do not hold themselves out to the public as possessing a license issued pursuant to this chapter.

(2) No person shall be required to be licensed un-der this chapter who:

(a) Is a salaried employee of a government agen-cy; developmental services program, mental health, alcohol, or drug abuse facility operating pursuant to chapter 393, chapter 394, chapter 396, or chapter 397; accredited academic institution; or research institu-

tion, if such employee is performing duties for which he was hired solely within the confines of such agen-cy, facility, or institution.

(b) Is a student who is pursuing a course of study which leads to a degree in medicine or a profession regulated by this chapter who is providing services in a training setting, provided such activities or services constitute part of a supervised course of study, or is a graduate accumulating the experience required for any licensure under this chapter, provided such grad-uate or student is designated by a title such as "in-tern" or "trainee" which clearly indicates the in-training status of the student.

(c) Is certified in school psychology by the De-partment of Education and is performing psychologi-cal services as an employee of a public or private edu-cational institution. Such exemption shall not be con-strued to authorize any unlicensed practice which is not performed as a direct employee of an educational institution.

(d) Is not a resident of the state but offers ser-vices in this state, provided:

1. Such services are performed for no more than 5 days in any month and no more than 15 days in any calendar year; and

2. Such nonresident is licensed or certified by a state or territory of the United States, or by a foreign country or province, the standards of which were, at the date of his licensure or certification, equivalent to or higher than the requirements of this chapter in the opinion of the department or, in the case of psycholo-gists, in the opinion of the board.

(e) Is a rabbi, priest, minister, or clergyman of any religious denomination or sect when engaging in activities which are within the scope of the perform-ance of his regular or specialized ministerial duties and for which no separate charge is made, or when such activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination, or sect, and when the person rendering service remains account-able to the established authority thereof.

History.-ss. 1, 3, ch. 81-235; s. 36, ch. 82-179; s. 40, ch. 83-216; ss. 1, 3, ch. 83-265; s. 92, ch. 83-329.

'Note.- Repealed effective October I, 1988, by s. I, ch. 83-265, and scheduled for review pursuant to s. 11.61 in advance of that date.

1490.015 Duties of the department.-(!) All functions reserved to boards under chap-

ter 455 shall be exercised by the department with re-spect to the regulation of clinical social workers, mar-riage and family therapists, mental health counselors, and school psychologists and in a manner consistent with the exercise of its regulatory functions.

(2) The department shall adopt rules to imple-ment the provisions of this chapter.



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Ch. 493 INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION F.S. 1983

CHAPTER 493

INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION

PART I INVESTIGATIVE AND PATROL SERVICES (ss. 493.30-493.329)

PART II DETECTION OF DECEPTION (ss. 493.561-493.579)

PART I

INVESTIGATIVE AND PATROL SERVICES

493.30 493.301 493.302 493.303 493.304 493.305 493.306 493.307

493.308 493.309

493.31 493.311

493.312 493.313 493.314 493.315

493.316 493.317

493.318

493.319 493.32

493.321 493.322 493.323 493.324 493.325 493.326 493.329

Definitions, part I. Inapplicability of part I of this chapter. Authority to make rules. Advisory council. Classes of licenses. Application for license. License requirements. Notification to Department of State of

changes of partner, corporate officer, or licensee.

Fees. Investigation of applicants by Department

of State. Licensee's insurance. License; contents; posting; identification

card. Change of location of licensee. Renewal of license. Cancellation of license. Weapons and firearms; training require-

ments; permit. Division of Licensing Trust Fund. Prohibited acts by Class "E" and Class

"EE" licensees. Repossessor required to prepare and main-

tain inventory. Grounds for disciplinary action. Divulging information, false reports pro-

hibited; penalty. Violation; penalty. Enforcement of part I; investigation. Access to criminal justice information. Department of Legal Affairs; enforcement. Exclusion of tax. Service of process. Saving clauses.

'493.30 Definitions, part I.-As used in this act:

(1) "Private investigative agency" means and in-cludes any person, firm, company, partnership, or corporation engaged in the business of furnishing for-hire private investigations.

(2) "Watchman," "guard," or "patrol agency" means and includes any person, firm, company, part-nership, or corporation engaged in the business of furnishing for-hire watchman, guard, or patrolman services.

(3) "Private investigator" means and includes anyone who performs the services of private investi-gation, or who directly supervises others in the per-formance of such services.

(4) "Private investigation" means and includes in-vestigation 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 investigations.

(b) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any person, group of per-sons, association, organization, society, other group of persons or partnership, or corporation.

(c) The credibility of witnesses or other persons. (d) The whereabouts of missing persons. (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 in-juries 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.

(h) The conducting of studies or surveys to deter-mine methods and means of providing security for the person requesting the studies or surveys.

(i) Service of court process for consideration by persons other than employees of federal, state, coun-ty, or municipal police agencies.

(5) "Watchman," "guard," or "patrolman" means and includes persons who directly supervise others who, or who themselves, separately or collectively, guard persons or property or attempt to prevent theft or unlawful taking of goods, wares, and merchandise or attempt to prevent the misappropriation or con-cealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes, or other docu-ments, papers, and articles of value or to procure the return thereof or who perform the services of such watchman, guard, or patrolman or other person for any of these purposes.

(6) "Repossessor" means any person who, for compensation, recovers motor vehicles, as defined in s. 320.01(1), and motorboats, as defined in s. 327.02(2), as a result of default in payment for such motor vehicle.

(7) "Intern" means one who studies investigative or repossession work on a trainee status under the personal supervision and control of a Class "C" or "E" licensee.

(8) "Licensee" means and includes any person, firm, company, partnership, or corporation licensed under this chapter.

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F.S. 1983 INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION Ch.493

(9) The personal pronoun "he" implies the imper-sonal pronoun "it."

(10) "Department" means the Department of State.



'493.301 Inapplicability of part I of this chapter.-

(1) This part shall not apply to: (a) Any detective or officer employed by an agen-

cy of the United States or this state, or a county or municipality of this state, while such officer is en-gaged in the performance of his official duties or per-forming activities approved by his superiors.

(b) Any special police officer appointed by the state or by the police department of a city or county within the state while such officer is engaged in the performance of his official duties or performing activ-ities approved by his superiors.

(c) Any insurance investigator or adjuster li-censed by the state.

(d) Any person employed as an unarmed special agent, detective, repossessor, or private investigator exclusively in connection with the business of his em-ployer.

(e) Any unarmed watchman, guard, or patrolman employed exclusively to do work on the premises, and in connection with the business, of his employer, when there exists an employer-employee relation-ship.

(f) Any person, firm, company, partnership, cor-poration, bureau, or agency whose business is exclu-sively the furnishing of information concerning the business and financial standing and credit responsi-bility of persons, firms, or corporations or concerning the personal habits and financial responsibility of ap-plicants for insurance, indemnity bonds, or commer-cial credit.

(g) Any attorney or counselor at law in the regu-lar practice of his profession, but this exemption shall not serve to exempt from the requirements of licen-sure any employee or representative of an attorney or counselor at law who is not employed solely, exclu-sively, and regularly by such attorney or counselor at law.

(h) Any state or national bank or bank holding company, credit union, or small loan company oper-ating pursuant to chapters 516 and 520; any consum-er credit reporting agency regulated under 15 U.S.C. ss. 1681 et seq.; or any collection agency or to any permanent employee thereof.

(i) Any person who holds a 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.

(2) Any corporation duly authorized by the state to operate a central burglar or fire alarm protection business is exempt from the Class "B" license re-quirement and other provisions of this part relating to Class "B" licenses. However, employees of such corporations are not exempt to the extent they per-form services requiring licensure under this part.

History.-ss. 1, 7, ch. 80-268; s. 375, ch. 81-259; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'493.302 Authority to make rules.-The de-partment shall adopt rules necessary to administer this chapter. However, no rule shall be adopted that unreasonably restricts competition or the availability of private security services in the state or in a signifi-cant part of the state or that unnecessarily increases the cost of private security services without a corre-sponding or equivalent public benefit.



'493.303 Advisory council.-The department shall designate an advisory council to be composed of nine members. The advisory council shall, insofar as possible, be geographically distributed and represen-tative of the various segments of the profession. The council shall organize, elect a chairman, and thereaf-ter meet upon the call of the chairman through the department. The council shall counsel and advise with the department and make recommendations rel-ative to the operation and regulation of the industry. Such advisory council members as are appointed by the department shall serve without pay; however, state per diem and travel allowances may be claimed for attendance at officially called meetings of the council as provided by s. 112.061.


for review pursuant to s. 11.61 in advance of that date. Repealed effective Octo-ber 1, 1990, by s. 1, ch. 82-46, and scheduled for review pursuant to s. 11.611 in advance of that date.

'493.304 Classes of licenses.-(1) Any person, firm, company, partnership, or

corporation which engages in business as a private in-vestigative agency shall have a Class "A" license.

(2) Any person, firm, company, partnership, or corporation which engages in business as a watch-man, guard, or patrol agency shall have a Class "B" li-cense.

(3) Any person who performs the services of a private investigator shall have a Class "C" license.

(4) Any person who studies or performs private investigative work as an intern under the supervision of a Class "C" licensee shall have a Class "CC" license.

(5) Any person who performs the services of a watchman, guard, or patrolman shall have a Class "D" license.

(6) Any person who performs the services of are-possessor shall have a Class "E" license.

(7) Any person who studies or performs reposses-sion as an intern under the supervision of a Class "E" licensee shall have a Class "EE" license.

(8) Only Class "C" and "D" licensees are permit-ted to carry or use a firearm, and any such licensee who carries or uses a firearm must have a Class "G" license.

(9) A Class "A" or Class "B" license is valid for only one location. Each additional or branch office of a Class "A" or Class "B" licensee shall have a Class "GBB" license.



'493.305 Application for license.-(1) Each person, partner, or, in the case of a cor-

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Ch.493 INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION F.S. 1983

poration, corporate officer must qualify separately for a license under this part and shall file with the de-partment a written application accompanied by an application fee of $25, except that an applicant for a Class "G" or Class "D" license shall not be required to pay the application fee. The fee shall not be rebat-able. The written application shall be in accordance with the following provisions:

(a) If the applicant is an individual, the applica-tion shall be signed and verified by the individual.

(b) If the applicant is a firm or partnership, a separate application shall be signed and verified by each individual composing or intending to compose, in the immediate future, such firm or partnership.

(c) If the applicant is a corporation, a separate application shall be signed and verified by each offi-cer, not including assistant secretaries or assistant treasurers, thereof.

(d) The application shall contain the following information concerning the individual signing the same:

1. His full name and the title of the position held with the applicant;

2. His age and date and place of birth; 3. His present residence address and his resi-

dence addresses within the 5 years immediately pre-ceding the submission of the application;

4. His occupations held presently and within the 5 years immediately preceding the submission of the application;

5. A statement that he is 18 years of age or older; 6. The address of the principal place in which the

business is to be conducted; 7. The address of all branch offices within the

state; 8. The name under which the business is to be

conducted; 9. The names and addresses of all partners or of-

ficers and directors, as the case may be; 10. A full set of fingerprints and a photograph of

the signatory taken within the 2 years immediately preceding the submission of the application;

11. A statement of the experience of the signatory which he believes would qualify him, his firm, or his corporation for a license under this chapter;

12. A statement of any or all convictions, which should include any withholding of adjudication of guilt, of the signatory; and

13. Such further facts as may be required by the department to show that the person signing the ap-plication is of good moral character and qualified by experience and training to satisfy the requirements of this part.

(2) An applicant for a Class "D" license may be employed by an agency as an unarmed watchman, unarmed guard, or unarmed patrolman before such application is approved. "Unarmed" means that no firearm shall be carried or used during official duty, regardless of whether the applicant has any other au-thority to carry a firearm. If the department denies a Class "D" license, the employment of such person shall be terminated immediately. Each person, firm, company, partnership, or corporation shall, upon the employment or termination of employment of a watchman, guard, or patrolman, report such employ-ment or termination immediately to the department.



'493.306 License requirements.-(!) Each individual licensed by the department

shall: (a) Be at least 18 years of age. (b) Be of good moral character. (2)(a) As used in this chapter, "good moral char-

acter" means a personal history of honesty, fairness, and respect for the rights of others and for the laws of this state and nation.

(b) The department may refuse to license an ap-plicant for lack of good moral character only if:

1. There is a substantial connection between the lack of good moral character of the applicant and the business for which the license is sought.

2. The finding by the department of lack of good moral character is supported by clear and convincing evidence.

(c) When the applicant is found to be unqualified for licensure for lack of good moral character, the de-partment shall furnish the applicant a statement containing the findings of the department, a com-plete record of the evidence upon which the determi-nation was based, and a notice of the rights of the ap-plicant to a rehearing and appeal.

(3) Each agency or branch office must designate a minimum of one person to act as manager, actively directing the activities of the Class "C," Class "D," and Class "E" employees. The person or persons des-ignated as manager shall have at least 2 years' experi-ence, or equivalent training, performing the type of service permitted under the agency license applied for.

(4) In addition to the above requirements, an ap-plicant for a Class "C" license must have 2 years' ex-perience 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 course work and seminars related to private investigation, except that no more than 1 year may be used from this category; or

(c) Work as a Class "CC"-licensed intern. (5) In addition to any other requirements, an ap-

plicant for a Class "E" license must have 1 year of work experience performing repossessing, 1 year as a Class "EE" repossessor intern, or a combination of 1 year of work experience and internship.

(6) In addition to any other requirements, an ap-plicant for a Class "G" license must:

(a) Satisfy minimum training criteria for firearms established by rule of the department, which shall consist of not less than 8 or more than 10 hours of range and classroom training; and

(b) Demonstrate fitness to carry a firearm based upon a complete background investigation by the de-partment of the individual's police record and gener-al character.



'493.307 Notification to Department of State of changes of partner, corporate officer, or li-censee.-After filing the application, unless the de-partment declines to issue the license or revokes it af-ter issuance, a private investigative agency, or a

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F.S. 1983 INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION Ch. 493

watchman, guard, or patrolman agency, shall notify the department within 10 days of the withdrawal, re-moval, replacement, or addition of any or all part-ners, officers, or licensees of the corporate agency and, upon receipt of application forms from the de-partment, shall cause the forms to be completed by the new partner or officer; and the forms shall be filed with the department and an application fee of $25 paid. The agency's good standing under this part shall be contingent upon the department's approval of any new partner or officer.

History.-ss. 1, 7, ch. 80-268; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


1493.308 Fees.-(1) The department, by rule, shall establish bien-

nial fees, which shall not exceed the following: (a) Class "A" license-private investigative agen-

cy: $300. (b) Class "B" license-watchman, guard, or pa-

trolman agency: $300. (c) Class "C" license-private investigator: $50. A

natural person who has a Class "A" license does not have to pay the Class "C" license fee.

(d) Class "D" license-watchman, guard, or pa-trolman: $30. A natural person who has a Class "B" li-cense does not have to pay the Class "D" license fee.

(e) Class "E" license-repossessor: $50. (f) Class "GBB" license-branch office: $75. (g) Class "G" license-statewide gun permit: $75.

Issuance of this permit shall not authorize the pos-session of a concealed weapon.

(2) The department, by rule, may establish a fee for the replacement of a Class "D" or Class "G" lami-nated card, which fee shall not exceed $15.

(3) The fees set forth in this section shall be paid by certified check or money order or, at the discre-tion of the department, by company check at the time the license is issued, except that the applicant for a Class "D" or Class "G" license shall pay the li-cense fee at the time the application is made. If a li-cense is revoked, the license fee shall not be returned to the licensee.



1493.309 Investigation of applicants by De-partment of State.-

(1) Except as provided in subsection (3), prior to the issuance of a license under this part, the depart-ment shall make an individual investigation of the applicant for a license. The investigation shall in-clude:

(a) A thorough background investigation of the individual's good moral character.

(b) An examination of fingerprint records and police records.

(c) Such other investigation of the individual as the department may deem necessary.

(2) In the case of a Class "G" license applicant, the department shall make an investigation of the general mental and physical fitness of the applicant to carry a weapon or firearm in addition to the inves-tigation required by subsection (1).

(3) In the case of a Class "D" license applicant, the department shall make an examination of finger-print records and police records and such additional investigation as it shall deem necessary.

History.-as. I , 7, ch. 80-268; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I , 1990, by s. 2, ch. 81-318, and scheduled


1493.31 Licensee's insurance.-No agency li-cense shall be issued unless the applicant first files with the department a certificate of insurance evi-dencing comprehensive general liability coverage for death, bodily injury, and personal injury. The certifi-cate shall provide the state as an additional insured for purposes of all notices of modification or cancella-tion of such insurance. Coverage shall also include false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character, and violation of the right of privacy in the amount of $100,000 per person and $300,000 per occurrence and property damage in the amount of $100,000 per oc-currence. The agency license shall be automatically suspended upon the date of cancellation unless evi-dence of insurance is provided prior to the effective date of cancellation. Coverage shall insure for the lia-bility of all agency employees licensed by the depart-ment. The agency shall notify the department of any claim against such insurance arising from any claim of false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character, or violation of the right of privacy.

History.-ss. I, 7, ch. 80-268; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I, 1990, by s. 2, ch. 81-318, and scheduled


1493.311 License; contents; posting; identifi-cation card.-

(1) All licenses issued pursuant to this part shall be in a form prescribed by the department. The li-cense shall specify the name under which the appli-cant is to operate, the address of the principal place of business, the expiration date, the full names and titles of the persons who submitted application forms, the number of the license, and any other infor-mation the department deems necessary. All licenses, except Class "CC" and Class "EE" licenses, issued by the department shall be renewed biennially. The de-partment shall determine by rule the expiration date of each class of license. The department may prorate license fees.

(2) The agency license shall at all times be posted in a conspicuous place in the principal place of busi-ness of the licensee in this state. Each agency shall display, in a place that is in clear and unobstructed public view, a notice stating that the business operat-ed at this location is licensed and regulated by the Department of State and that any questions or com-plaints should be directed to the department. The notice shall be in a form specified by the department, and the department shall adopt rules to ensure that the notice is displayed in a place where a client of the agency would be most likely to see it.

(3)(a) The department shall upon application and payment of fee issue a separate license for each branch office mentioned in the application. The li-cense shall be in a form designed by the department, but it shall at least specify the name under which the

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Ch.493 INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION F.S. 1983

licensee operates, the license number, and the ad-dress of the location to which the license applies.

(b) No license shall be valid to protect any busi-ness transacted at any place other than that desig-nated in the license unless consent is first obtained from the department.

(c) The license shall not be valid to protect any li-censee who engages in the business under any name other than that specified in the license. A license is-sued under this part shall not be assignable, and no licensee may conduct a business under a fictitious name without prior written authorization of the de-partment to do so. The department may not autho-rize the use of a name which is so similar to that of a public officer or agency, or of that used by another li-censee, 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 doing business under a fictitious name under s. 865.09. No licensee shall be permitted to conduct business under more than one name except as licensed. A licensee desiring to change its licensed name at any time ex-cept upon renewal of license shall notify the depart-ment and pay a fee not to exceed $30 for each author-ized change of name; upon returning the license to the department, the newly authorized name shall then be entered upon the license and the license shall be returned to the licensee.

(4) It shall be the duty of every agency licensee to furnish all of its people, partners, corporate officers, and managers, as the case may be, and all licensed employees, an identification card. The card shall be in a form and design as may be approved by the De-partment of State, but it shall specify at least the name of the holder of the card and the name and number of the licensee and shall be signed by a repre-sentative of the licensee and by the holder of the card. The card shall be in the possession of each per-son, partner, corporate officer, manager, or licensed employee while on duty. Upon suspension or revoca-tion of a license or upon termination of a business as-sociation with the licensee, it shall be the duty of e_ach person, partner, corporate officer, manager, or licensed employee to return the card to the agency li-censee.

(5) Each person to whom a license and card have been issued shall be responsible for the safekeeping thereof and shall not loan, or let or allow any other person to use or display, the license or card.



1493.312 Change of location of licensee.-In the event the licensee desires to change the location of any place of business indicated in his application on file with the department, he shall notify the de-partment. The department shall send to him suitable forms designed by the department, the purpose of which shall be to record in the office of the depart-ment the fact that there has been a change, by way of substitution, of the licensee's place or places of busi-ness. Upon completion of the form, the licensee shall return it to the department, together with a fee of $10 for each changed location. The department shall

the~eupon send to the licensee a certificate of regis-tration of each changed location. The certificate shall be in a form designed by the department, but it shall at least specify the name under which the licensee operates, its license number, and the address of the lo?ation to which the certificate of registration ap-plies. The holder of a Class "D" or Class "G" license shall not be required to pay the $10 fee for each change of location.

History.-ss. 1, 7, ch. 80-268; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1990, by s. 2, ch. 81-318 and scheduled

for review pursuant to s. 11.61 in advance of that date. '

1493.313 Renewal of license.-(1) A license granted under the provisions of this

part may be renewed by the department. (2) No less than 90 days prior to the expiration

date of the license, the department shall mail to each licensee a written notice of the expiration and a re-newal form prescribed by the department.

(3) A licensee shall renew his license prior to its expiration by filing with the department, at least 45 days prior to the expiration, the renewal form accom-panied by:

(a) Payment of the fee prescribed in s. 493.308. (b) Proof of the comprehensive general liability

insurance coverage required in s. 493.31, when appli-cable. . (4) A licensee who fails to file a renewal applica-

tion at least 45 days prior to its expiration may renew his license by fulfilling the requirements of para-graphs (3)(a) and (b) and paying a late fee equal to the amount of the license fee.

(5) No license shall be renewed 6 months or more after its expiration date unless the applicant submits a new application and the respective fees. Such an applicant may be subject to a background investiga-tion.

(6) No person, firm, company, partnership, or corporation shall carry on any business regulated by this part during any period which may exist between the date of expiration and the date of renewal of a li-cense.

(7) Before a Class "G" license is renewed, the li-censee shall be required to complete not less than 6 or more than 10 hours of range training and fulfill such other health and training requirements which the department shall adopt by rule.

History.-ss. 1, 7, ch. 80-268; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1990, by s. 2, cb. 81-318 and scheduled


1 493.314 Cancellation of license.-In the event the licensee desires to cancel the license he shall notify the department, and the departrr:ent shall supply him with proper forms as designed by the department to effectuate the cancellation of the license. Upon cancellation of the license, the licensee shall, within 10 days, return the license so canceled to the department.

History.-ss. 1, 7, ch. 80-268; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1,1990, by s. 2, ch. 81-318 and scheduled


1493.315 Weapons and firearms; training re-quirements; permit.-

(1) The provisions of this section shall apply to

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F.S. 1983 INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION Ch.493

all licensees in addition to the other provisions of this part.

(2) No employee shall carry or be furnished a weapon or firearm unless the carrying of a weapon or firearm is required by his duties, nor shall an employ-ee carry a weapon or firearm except in connection with those duties. When carried pursuant to this sub-section, the weapon or firearm shall be encased in view at all times unless the employee complies with ss. 790.05 and 790.06 as they pertain to concealed weapons or firearms.

(3) Nothing in this act shall abrogate the provi-sions of s. 790.25(3)(n). The statewide permit shall remain in effect only during the period the applicant is employed as a guard. It shall be the responsibility of the employer immediately to notify the depart-ment of the employee's termination of employment, at which time the department shall revoke the per-mit.

(4) The department may issue a temporary 45-day Class "G" license, which may be renewed once.

(5) A licensee who has been issued a Class "G" statewide permit pursuant to this section is exempt from the requirements of ss. 790.05 and 790.06 while performing the duties he is licensed to perform under this act, provided he does not carry a concealed weapon or firearm.

(6) The only firearm a Class "G" licensee may car-ry is a standard police .38 caliber revolver with stan-dard ammunition, unless otherwise approved by the department.

(7) The department, by rule, may establish stan-dards and issue certificates to licensees for weapons other than firearms.



'493.316 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 pursu-ant 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.


for review pursuant to s. 11.61 in advance of that date. cf.-ss. 215.20, 215.22 Service charge deduction for cost of general government

paid from General Revenue Fund.

'493.317 Prohibited acts by Class "E" and Class "EE" licensees.-In addition to other re-quirements imposed by this part or by rule of the de-partment, repossessor licensees and repossessor in-terns are prohibited from:

(1) RECOVERING VEHICLES SOLD UNDER CONDITIONAL SALES AGREEMENT OR CHAT-TEL MORTGAGE WITHOUT AUTHORIZA-TION.-Recovering personal property, including personal property registered under the motor vehicle

code, which 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 of the property or from the mortgagee when the personal property is subject to the terms of a chattel mortgage.

(2) SOLICITING RECOVERY OF A VEHICLE OR OTHER PERSONAL PROPERTY AFTER IT HAS BEEN LOCATED.-Soliciting from the legal owner the recovery of specific personal property after such property has been seen or located on public or private property.

(3) CHARGING UNINCURRED EX-PENSES.-Charging for expenses not actually in-curred in connection with the recovery, transporta-tion, and storage of personal property.

(4) USING PROPERTY FOR PERSONAL BENEFIT.-Using property which has been recov-ered for the personal benefit of a licensee or officer, director, partner, manager, or employee of a licensee.

(5) SELLING PROPERTY OTHER THAN AT PUBLIC AUCTION OR UNDER WRITTEN AU-THORIZATION.-Selling personal property recov-ered under the provisions of this part while acting as a repossessor or finance adjuster, except at public auction or with written authorization from the legal owner or the mortgagee thereof.

(6) FAILING TO NOTIFY POLICE OR SHER-IFF'S DEPARTMENT.-Failing to notify the police or sheriffs department of the jurisdiction in which the personal property is recovered within 24 hours.



'493.318 Repossessor required to prepare and maintain inventory.-If personal effects or other property not covered by a security agreement are contained in or on personal property at the time it is recovered, a complete and accurate inventory shall be made of such personal effects or other per-sonal property. The date and time the inventory is made shall be indicated, and it shall be signed by the person or persons who recovered the personal proper-ty on behalf of the secured party. The inventory shall be filed and maintained for a period of 4 years in the permanent records of the licensee and shall be made available, upon demand, to representatives of the de-partment during normal business hours. Falsification or alteration of an inventory or failure to maintain an inventory for the required period shall be grounds for suspension or revocation of a license.



'493.319 Grounds for disciplinary action.-(1) The following constitute grounds for which

disciplinary action specified in subsection (2) may be taken:

(a) Fraud or willful misrepresentation in apply-ing for or obtaining a license;

(b) Use of any fictitious or assumed name by ali-censee unless he has department approval and quali-fies under s. 865.09;

(c) Having been found guilty of the commission

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of a crime which directly relates to the business for which the license is held, regardless of adjudication;

(d) A false statement by the licensee that any person is or has been in his employ;

(e) A finding that the licensee or any of his or its employees is guilty of willful betrayal of a profession-al secret;

(f) Proof that the licensee is guilty of fraud or de-ceit, or of negligence, incompetency, or misconduct, in the practice of his business for which the license is held;

(g) Conducting business without a license or with a revoked or suspended license;

(h) Failure of the licensee to maintain in full force and effect the general liability insurance cover-age, if required, referred to in s. 493.31;

(i) Impersonating, or permitting or aiding and abetting an employee to impersonate, a law enforce-ment officer or an employee of this state, the United States, or any political subdivision thereof;

U) Commission of assault, battery, or kidnapping or use of force or violence on any person except in self-defense or in the defense of a client;

(k) Knowingly violating, or advising, encourag-ing, or assisting the violation of, any court order or injunction in the course of business as a licensee;

(l) Acting as a runner or a capper for any attor-ney;

(m) Falsification or alteration of an inventory of recovered personal property required by s. 493.318;

(n) Transferring or attempting to transfer a li-cense issued pursuant to this chapter;

(o) Failure or refusal to cooperate with the de-partment's investigation of any suspected violation of this part;

(p) Violating any provision of 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 licensure. (b) Revoke or suspend a license. (c) Impose an administrative fine not to exceed

$1,000 for every count or separate offense. (d) Issue a reprimand. (e) Place the licensee on probation for a period of

time and subject to such conditions as the depart-ment may specify.

(3) Upon revocation or suspension of a license, the licensee shall forthwith return the license which was suspended.



1493.32 Divulging information, false reports prohibited; penalty.-Except as otherwise provided by law, no licensee or any employee of a licensee shall divulge or release to any person, other than to his principal or his employer, any information acquired as a result of any investigation, surveillance, or other act performed by the licensee or employee in the course of his employment. However, the provisions of this section shall not apply to an employer who is also the holder of a license issued pursuant to this part and who has the prior written consent of the client or principal to divulge or release any information falling within the terms of this section; further, the provi-

sions of this section will not apply to the taking of testimony or the receiving of evidence in any judicial proceeding. Any person violating this section or any employee who shall willfully make a false report to his employer concerning his employment or work is guilty of a misdemeanor of the second degree, pun-ishable as provided in s. 775.082, s. 775.083, or s. 775.084.



1493.321 Violation; penalty.-Any person who violates any provision of this part is guilty of a misde-meanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.



1493.322 Enforcement of part I; investiga-tion.-

(1) The department shall have the power to en-force the provisions of this part, irrespective of the place or location in which the violation occurred, and, upon the complaint of any person or on its own ini-tiative, to cause to be investigated any suspected vio-lation thereof or to cause to be investigated the busi-ness and business methods of any licensee or appli-cant or employee thereof.

(2) In any investigation undertaken by the de-partment, each licensee or applicant or employee thereof shall, upon request of the department, sub-mit information concerning his business practices or methods. In the exercise of its enforcement responsi-bility and in the conduct of any investigation relating to a suspected violation of this part, 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. Fail-ure or refusal of any person properly subpoenaed to be examined or to answer any question about his qualifications or the business methods or business practices under investigation shall be grounds for suspension or revocation of his license, or for refusal to issue such license, as the case may be. The testimo-ny of witnesses in any such proceeding shall be under oath before the department or its agents.



1493.323 Access to criminal justice informa-tion.-ln order to carry out the duties of the depart-ment prescribed in this part, designated employees of the Division of Licensing of the Department of State may obtain access to the information in criminal jus-tice information systems and to criminal justice in-formation 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.



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F.S. 1983 INVESTIGATIVE AND PATROL SERVICES; DECEPTION DETECTION Ch. 493

1493.324 Department of Legal Affairs; en-forcement.-The Department of Legal Affairs shall be attorney for the Department of State in the enforce-ment of this 'part and i shall ' conduct any investiga-tions incident to its legal responsibility.



1493.325 Exclusion of tax.-Payment of the li-cense fee provided for hereunder authorizes the li-censee to practice his profession anywhere in this state without obtaining any additional license, per-mit, registration, or identification card, except as re-quired by s. 493.315, any municipal or county ordi-nance or resolution to the contrary notwithstanding. However, a Class "A" or a Class "B" licensee shall be required to obtain a city and county occupational li-cense in each city and county where the licensee maintains a physical office.


for review pursuant to s. 11 .61 in advance of that date.

1493.326 Service of process.-Any Class "C" licensee shall be deemed a special process server un-der the provisions of s. 48.021 in any individual pro-ceeding when appointed by a circuit or county judge without the necessity of appointment by the sheriff.



1493.329 Saving clauses.-(1) No judicial or administrative proceeding

pending on July 1, 1980, shall be abated as a result of the repeal and reenactment of this chapter.

(2) All licenses valid on the effective date of chapter 80-268, Laws of Florida, shall remain in full force and effect. Henceforth, all licenses shall be ap-plied for and renewed in accordance with this act.

History.-s. 6, ch. 80-268; s. 2, ch. 81-318. 'Note.-Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


493.561 493.562 493.563

493.564 493.565 493.566 493.567 493.568 493.569 493.57 493.571 493.572

493.573 493.574 493.575 493.576 493.577

493.579

PART II

DETECTION OF DECEPTION

Definitions, part II. Exclusion from applicability. Rules of Department of State; applicabili-

ty. Advisory council. Application for license. License requirements. Reciprocity. Licensee's insurance. Polygraph intern license. Fees. Approval of schools. Investigation of applicant by Department

of State. License; contents and posting. Renewal of licenses. Disciplinary proceedings. Violation; penalty. Construction of part II; admissibility of ev-

idence. Saving clauses.

1493.561 Definitions, part 11.-The following terms shall, unless the context otherwise indicates, have the following meanings:

(1) "Detection of deception examiner" means and includes any person who uses any device or instru-ment which records as

Documents

F.S. 1983 CONTRACTING Ch. 489 (a) The contents of this act ......Ch.489 CONTRACTING F.S. 1983 tion courses or to work under the supervision of an other electrical contractor. (f) Restriction