1.3 Agency Licensing (Class A/AA), Managers, Bodyguard Services & the Class "G" Firearm License

Agency Licensing (Class A/AA), Managers, Bodyguard Services & the Class "G" Firearm License

Quick Reference: An individual license lets you do investigative work; a Class "A" agency license lets a business sell it. Each agency needs a physical Florida location (s. 493.6106(2)), a designated licensed manager (s. 493.6201(3)), and a separate Class "AA" license for each branch. Armed work requires a Class "G" statewide firearm license under s. 493.6115.

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1. Class "A" Private Investigative Agency & Class "AA" Branch Offices

Under s. 493.6201(1), F.S., any person, firm, company, partnership, or corporation that engages in business as a private investigative agency must hold a Class "A" license, and a Class "A" license is valid for only one location.

• Class "AA" - each branch office of a Class "A" agency must hold a Class "AA" license (s. 493.6201(2)).
• Class "AB" - where the same entity holds both a Class "A" and a Class "B" (security agency) license, each additional or branch office holds a Class "AB" license instead.
• Physical location (s. 493.6106(2)) - each agency must have a minimum of one physical location in Florida from which the normal business of the agency is conducted; that is the primary office. If the physical location changes, the department must be notified within 10 days after the change, the prescribed fee submitted for each license requiring revision, and each such license returned.
• Posting (s. 493.6106(2)(b)-(c)) - the Class "A" license and any branch office or school license must be posted conspicuously at the licensed location, and the licensee must display a department-prescribed notice, in clear and unobstructed public view, stating that the business is licensed and regulated by FDACS and where to direct questions or complaints.
• Fictitious names (s. 493.6111(4)) - notwithstanding a valid Florida corporate registration, an agency may not conduct regulated activities under any fictitious name without prior written authorization from the department. The department may not authorize a name so similar to a public officer, agency, or another licensee that the public could be confused or misled, and the authorization is conditioned on filing a fictitious-name certificate under s. 865.09. A licensee may not do business under more than one name except as separately licensed. The name-change fee may not exceed $30 per license requiring revision.
• Class "C"/"CC" employment (s. 493.6201(4)) - a Class "C" or "CC" licensee must own or be an employee of a Class "A" agency, a combined Class "A" and "B" agency, or a branch office.

Insurance: the most-missed fact in the chapter

[!CAUTION] Section 493.6110, F.S., applies to Class "B" agency licenses only. It provides that a Class "B" (security) agency license may not be issued unless the applicant files a certification of insurance evidencing commercial general liability coverage with a combined single-limit policy of at least $300,000 for death, bodily injury, property damage, and personal injury, naming the department as an additional insured. Chapter 493 imposes no insurance requirement on a Class "A" private investigative agency.

Follow-on rules that ride with s. 493.6110 (and matter to any A+B combined operation):

• The agency must notify the department of any claim against the insurance and immediately upon cancellation of the policy.
• The agency license is automatically suspended on the date of cancellation unless evidence of replacement insurance is provided before the cancellation's effective date.
• Section 493.6118(1)(h) makes failure to maintain the s. 493.6110 coverage a ground for discipline, and s. 493.6113(3)(a) requires each Class "B" licensee to submit a certification of insurance at renewal.

Errors and omissions / professional liability coverage is a sound business practice for a PI agency - trespass, invasion of privacy, and defamation claims are real exposures - but it is a commercial decision, not a Chapter 493 licensure condition.

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2. The Agency Manager

Section 493.6106(2)(d), F.S., requires a minimum of one properly licensed manager to be designated for each agency and each branch office location.

Section 493.6201(3), F.S., sets who that manager may be:

The 150-mile rule (s. 493.6101(13), F.S.). "Manager" means any licensee who directs the activities of licensees at an agency or branch office. The manager must be assigned to and must primarily operate from the location for which he or she is designated. However, the manager of a private investigative agency may manage up to three offices within a 150-mile radius of the location listed on the agency's Class "A" license, provided those three consist of either (a) the Class "A" location plus up to two branch offices, or (b) up to three branch offices.

Reporting changes in agency personnel (s. 493.6112, F.S.)

• Within 5 working days of the withdrawal, removal, replacement, or addition of any partner or officer, the agency must notify the department and file complete applications for those individuals. The agency's good standing depends on the department's approval of the new partner or officer.
• Within 15 calendar days of the employment or termination of employment of a licensee, the agency must report it electronically in the manner prescribed by the department - and, for a termination, report the reason.

There is no separate statutory grace period for replacing a departed manager; the agency simply must have a properly licensed designated manager, and the personnel change itself is reported under s. 493.6112.

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3. Bodyguard Services: the s. 493.6301(5) Carve-Out

Bodyguard work is normally security-officer work requiring a Class "D" license. Two provisions create the exception that the examination scope expressly includes:

• Section 493.6301(5), F.S. - "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."
• Section 493.6201(8), F.S. - states the same rule from the Part II side.

Two limits worth remembering: bodyguard work performed under this carve-out is not creditable toward the Class "C" experience requirement (s. 493.6203(4)), and performing it armed still requires a Class "G" license.

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4. The Class "G" Statewide Firearm License (s. 493.6115, F.S.)

Approved firearms (s. 493.6115(6), F.S.)

In addition to any other firearm approved by the department, a Class "G" licensee may carry:

Two additional statutory limits: a licensee may not carry more than two firearms on his or her person when performing duties, and may carry only a firearm of the specific type and caliber with which he or she is qualified under the s. 493.6115(8) training or the s. 493.6113(3)(b) requalification.

Annual requalification (s. 493.6113(3)(b), F.S.)

• The Class "G" licensee must submit proof of 4 hours of firearms requalification training taught by a Class "K" licensee during each year of the license period.
• Requalification is required for each type and caliber of firearm carried. At the Class "K" instructor's discretion, a licensee may qualify for up to two calibers in one 4-hour class if a separate course of fire is completed for each caliber.
• Miss year one and the license is automatically suspended. To reinstate, the licensee must complete the full initial range and classroom hours and submit proof.
• Miss year two and the licensee must complete the full initial hours before the license may be renewed.
• The department may waive firearms training for a currently certified state or federal law enforcement or correctional officer who has requalified annually for the previous 2 years, for a licensee submitting a valid s. 493.6105(6)(a) firearm certificate with proof of requalification, or for a licensee who has completed annual training under the federal Law Enforcement Officers Safety Act (18 U.S.C. ss. 926B-926C).
• Section 493.6118(1)(u), F.S., makes failing to timely complete requalification a ground for discipline.

Discharge reporting (s. 493.6115(9), F.S.)

Whenever a Class "G" licensee discharges a firearm in the course of duty, both the licensee and the employing agency must, within 5 working days, submit to the department an explanation describing:

1. the nature of the incident;
2. the necessity for using the firearm; and
3. a copy of any report prepared by a law enforcement agency.

FDACS collects this on the Firearms Incident Report, Form FDACS-16001. The department may revoke or suspend both the licensee's Class "G" license and the agency's license if the requirement is not met.

[!WARNING]

Exam traps in this section

• Insurance: the $300,000 combined single limit is a Class "B" requirement under s. 493.6110. There is no Chapter 493 insurance mandate for a Class "A" PI agency, and no "$100,000" figure appears anywhere in the chapter.
• Manager substitution: a Class "C" or Class "M" licensee may serve as the manager of a Class "A" agency without an MA license.
• 150 miles / three offices is the manager's outer limit - not 100 miles and not unlimited.
• Concealed carry is permissive, not mandatory, and requires the licensee to be 21 or older with a Class "G"; otherwise the firearm must be encased in view.
• Caliber list: .38 revolver, .380 or 9mm semiauto, .357 revolver with .38 ammunition only, .40 handgun, .45 ACP handgun - maximum two firearms on the person.
• 5 working days for a duty discharge report (Form FDACS-16001); 4 hours of requalification every year of the 2-year Class "G" term.