PI Study Flashcards

1
Q

Private investigation is obtaining information about:

A

Crime against the US or state, but must operate under written authority of government official

Identity, whereabouts, etc. of people or groups

Credibility witnesses

Whereabouts of missing persons or owners of property

Location, recovery of lost or stolen property

Causes and origin of fires, accidents, injuries, etc.

Securing evidence for civil or criminal cases

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2
Q

Class C license

A

Private Investigator: must have or work for Class A, AA, or AB unless he is an in-house investigator. No subcontracting.

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3
Q

Class CC License

A

PI intern, must be sponsored by Class C. M, MA must have Class CC

Class C must work for class A agency/branch office

May not subcontract

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4
Q

Class A

A

PI Agency

Only one location

Cannot subcontract with Class C or CC

May subcontract with another Class A

5 working days: change of ownership or officers

10 working days: change physical location

Changes not reported violate Chapter 493

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5
Q

Class AA

A

Each branch office of Class A must have class AA license

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6
Q

In-house investigators

A

No license required. Unarmed.

Investigations for employer only.

Employer cannot provide investigative services for a fee.

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7
Q

Class AA

A

Branch Office. Each office of Class A must have AA license

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8
Q

Class M or MA

A

Agency managers

Class C may be manager

No subcontracting

Class M or MA must work for Class A

The owner of a Class A who has a Class C can designate himself manager and doesn’t need a Class MA

Each branch must have a manager

Manager may have three offices within 150 mile radius

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9
Q

How long are licenses valid?

A

C, M - 2 years

A, K - 3 years

Class C, M, MA must carry license when working

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10
Q

Class CC training

A

Not expected to have experience

40 hours of professional training

If Class CC expires or revoked for more than one year, must retake training and 2 exams

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11
Q

Class C training/ experience

A

2 years training and/or experience

Only 1 year college can be used

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12
Q

Class G

A

Firearms

.38, .380, 9mm, .357 w/ .38 ammo, .40, .45

No more than 2 guns

Must be qualified on specific gun

Concealed weapon permit doesn’t authorize PI to carry

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13
Q

Carrying concealed weapons

A

Class C, CC, M, MA must be 21 yrs old w/ Class G

Must be required by duties AND approved by employer (Agency)

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14
Q

Ammunition

A

Only standard (factory) ammunition

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15
Q

Shotguns, semiautomatic rifles

A

12 gauge pump

Rule 5N-1.131, FAC

Must be required by contract and government facility or critical infrastructure

12-gauge remains in vehicle for armored car, transporting prisoners, or bodyguard Services.

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16
Q

Firearms training

A

28 hours within 12 months preceding the date the application is submitted

Trainer must have Class K firearms instructor license

Class G must have 4 hours range training each year

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17
Q

Discharge a firearm

A

Notify Division of Licensing within 5 working days

Includes accidental discharge

18
Q

Use of Force:

Defense of People/ Property

A

PI not police. No power to arrest.

Deadly force or threat except defending another person from eminent death, great bodily harm, or forcible felony

No deadly force to protect property or prevent loss

Non-deadly only to defend against someone else using unlawful force

19
Q

Defending property

A

Non-deadly force only for trespassing, criminal interference with real property other than a dwelling. Or personal property PI has legal duty to protect

20
Q

Sponsorship of interns

A

Class C, M, MA may sponsor up to six Class CC interns

Intern may not operate independently

Sponsor may not require interns to perform activities that do not enhance qualification for license

Internship cannot start until application is submitted, and sponsor gives notice of intent

Sponsor must certify completion within 15 days

Sponsor most give biannual (every 2 years) progress reports for each intern.

21
Q

ID cards

A

ID cards for all LICENSED employees

Name & license number of both of employee and agency

Signed by employee and agency representative

Cannot use official state seal

Cannot use the terms “State of Florida“ “Department of Agriculture“ or “Division of Licensing“

Must be carried on the job

22
Q

Applying for a license

A

18 years old, US citizen/legal resident, US work authorization, no criminal history, good moral character, no mental illness, drug use, or alcoholism unless completed rehabilitation program

Applicant must provide name, DOB, SSN, photo, fingerprints, personal injury waiver, other related documents, appropriate fees

Notify within 10 days of change of residence or mailing address

23
Q

Fee waivers for veterans spouses and surviving spouses

A

24 months after being discharged

Spouses and surviving spouses can claim a waiver of an initial application fee

Renewal fees waived for active duty, spouse or active duty within two years preceding the license expiration date.

All appropriate documentation required 

24
Q

Cancellation or inactivation of license

A

Notify in writing and return license within 10 days of date of cancellation

With written request and license can be inactive for up to three years. I automatically canceled after three years.

No late fees while in inactive status

25
Q

Agency advertisements

A

Must include agency license number in any advertisement except when advertising for employment

26
Q

Prohibited acts

A

Not providing investigative report and itemized bill to client

A plea of nolo contendere or guilty within 3 years

Felony conviction within 10 years

Misrepresentation, fraud, betrayal of professional secret, etc.

Only use amber colored flashing lights

Use of force or violence, except lawful protection of self or another person

? Soliciting business for an attorney in return for compensation

27
Q

Badges

A

Can, but should not be used

Must be distinguishable from sheriffs badge at distance of 20 feet

Only agency ID card and class C or CC needed for identification.

28
Q

Unlawful symbols of authority

A

Nothing affiliated with government or law-enforcement

May not use words such as patrolman, agent, deputy, public defender, bailiff, etc… that could suggest affiliation with law-enforcement or government.

29
Q

FDACS

A

Florida Department of Agriculture and Consumer Services

Regulates and enforces laws in the PI industry

Authority to subpoena, take sworn depositions, cease-and-desist orders, and seek injunctive relief

30
Q

Disciplinary actions/penalties for violations of Chapter 493

A

Deny application for license

Issue a reprimand

Impose a fine up to $1000 per offense

Put on probation, suspend, or revoke a license

31
Q

Engaging in activity without a license; first and second offense

Note: no penalty, if within 90 days of expired license

A

1st: first-degree misdemeanor. (S. 775.082 or 775.083)

2nd: third-degree felony and up to $10,000 fine

32
Q

Impersonating someone who should have a license

Forcing someone to assist the impersonator

A

Third-degree felony

33
Q

Impersonating license holder while committing a felony

A

Felony of second-degree

1st degree if resulting in death or serious injury

34
Q

Watch TV

A

Im Fernsehen sehen

35
Q

All other Chapter 493 violations

A

1st degree misdemeanor

Not eligible for license for five years

36
Q

Violates cease, and desist order

A

1st degree misdemeanor

Up to $5,000

37
Q

Violations of owner, partner, manager of a licensed agency or DS RS school who knew or should have known

A

License suspended 3 years and no employment or financial interest during suspension

38
Q

Possess or issue, fraudulent training, certificate or other official document

A

3rd degree felony

39
Q

Phone number and address of Class C, CC, E, EE

A

Confidential except to law-enforcement

If the residence address and phone appear to be the same as the business, the information shall be public record

40
Q

Divulging investigative info

A

Only to client unless written consent, or it violates Ch 493

41
Q

Denying access to Dept Agriculture/ Consumer Services during official investigation

A

Denial in writing 2 working days from request to access.

Must include:
1. Info requested obtained by PI on behalf of client
2. Client denied permission to grant access.
3. You have no contact with client and do not know where he is. Divulge info would be not in client’s interest.
4. Info will be provided with a subpoena

42
Q

If a licensee is arrested for any offense

A

Must report to employer within 3 days

Dep Agriculture/ Consumer Services must report to employer that offense could prevent licensee from holding license