1.2 Eligibility, Application & Fees, the Class "CC" Internship & Class "C" Experience

Eligibility, Application & Fees, the Class "CC" Internship & Class "C" Experience

Quick Reference: Individual eligibility comes from s. 493.6106, F.S.; criminal-history bars come from s. 493.6118(4), F.S.; the application, fees, and background investigation come from ss. 493.6105, 493.6107, 493.6108 and 493.6202, F.S.; and the Class "C" experience and Class "CC" training requirements come from s. 493.6203, F.S. Two years of qualifying experience is the Class "C" standard, and no more than one of those years may be satisfied with college coursework or law-enforcement training.

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1. Baseline Individual Eligibility (s. 493.6106(1), F.S.)

Every individual licensed under Chapter 493 - Class C, CC, D, DI, E, EE, G, K, M, MA, MB, MR, or RI - must:

1. Be at least 18 years of age.
2. Be of good moral character. Section 493.6101(7) defines this as "a personal history of honesty, fairness, and respect for the rights and property of others and for the laws of this state and nation."
3. Meet the mental-capacity standard. Not have been adjudicated incapacitated under s. 744.331 unless capacity has been judicially restored; not have been involuntarily placed in a treatment facility for the mentally ill under chapter 394 unless competency has been judicially restored; and not have been diagnosed with an incapacitating mental illness unless a Florida-licensed psychologist or psychiatrist certifies the applicant does not currently suffer from it.
4. Meet the alcohol standard. Not be a chronic and habitual user of alcoholic beverages to the point of impaired normal faculties; not have been committed under chapter 397; not have been found a habitual offender under s. 856.011(3); and not have two or more DUI convictions under s. 316.193 within the 3-year period immediately preceding the application - unless the applicant shows current non-impairment and completion of a rehabilitation course.
5. Meet the controlled-substance standard. Not have been committed for controlled substance abuse or found guilty of a chapter 893 controlled-substance crime within the 3-year period preceding application, subject to the same rehabilitation cure.
6. Be a citizen or permanent legal resident alien, or hold appropriate authorization from U.S. Citizenship and Immigration Services. A Class "C" or "CC" applicant who is not a citizen must submit proof of current employment authorization or permanent legal resident alien status (USCIS Form I-551 or I-766). A Class "G" or "K" applicant who is not a citizen must be a permanent legal resident alien - work authorization alone is not enough.
7. Not be prohibited from purchasing or possessing a firearm by state or federal law, if applying for Class "G" or Class "K."

Criminal history: the bars live in s. 493.6118(4), not s. 493.6106

[!WARNING] The 10-year felony bar is the number examiners test. It is not 3 years, and it is not measured from the date of conviction - it runs from final release from supervision, and it does not start until civil rights are restored.

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2. The Initial Application, Fees & Background Investigation

Section 493.6105, F.S., governs the initial application, which must be signed under oath, include a photograph and a full set of fingerprints, and disclose the applicant's Social Security number. Section 493.6108, F.S., requires FDACS to run a criminal history record check through FDLE and the FBI; FDACS advises that this process takes 1-3 months.

Class "C" fee package (Form FDACS-16018)

If you submitted fingerprints and the processing/retention fees for another Chapter 493 license within the past six months, you do not submit them again.

Documents that ride along with the Class "C" application

• Affidavit of Experience - Form FDACS-16023
• Certificate of Completion proving a passing exam score - Form 16060
• Documentation of training/experience
• Letter of Intent to Sponsor Private Investigator Intern - Form FDACS-16026 - required only if you intend to work while the application is pending
• Proof of work authorization (non-citizens), a 2x2 color photograph, fingerprints, and fees

[!TIP] You may begin work as an unarmed private investigator upon submission of a complete Class "C" application, provided a completed, notarized Form FDACS-16026 accompanies it. If the division issues a Notice of Errors or Omissions, employment must stop until the defects are cured.

Related administrative provisions: s. 493.6107, F.S. (Part I fees) and s. 493.6202, F.S. (Part II fees) cap what the department may charge; s. 493.6127, F.S., lets the department appoint county tax collectors to accept applications and renewals; and s. 493.6132, F.S., authorizes online delivery of required training courses.

Military credit (s. 493.61035, F.S.)

Section 493.61035, F.S., requires the department to credit relevant military training and education toward Chapter 493 licensure requirements. Rule 5N-1.119, F.A.C., implements it, and the Class "C" application lists that military credit as its own experience category.

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3. The Class "CC" Private Investigator Intern License

The Class "CC" license (s. 493.6201(6), F.S.) lets a trainee perform private investigative work only under the direction and control of a designated, sponsoring Class "C," "MA," or "M" licensee.

Pre-licensure training (s. 493.6203(6), F.S.)

• Complete a minimum of 40 hours of professional training in general investigative techniques and Chapter 493.
• The course must be offered by a state university, or a school, community college, college, or university under the purview of the Florida Department of Education - not a Class "DS" security school.
• The course may be delivered face-to-face, by online technology, or by home study, in accordance with Department of Education rules.
• The institution must verify the intern's identity before the examination.
• The course examination consists of 170 questions; 128 correct answers pass; no more than 50% may be true/false (Rule 5N-1.140(4)(d), F.A.C.).
• The institution issues a Certificate of Completion on Form 16062, which is submitted with the Class "CC" application.
• If a relicensure applicant's license has been invalid for more than 1 year, the training and examination must be completed again.

Operational limits on an intern

• 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 (s. 493.6201(4), F.S.).
• Interns must perform regulated duties within the boundaries of Florida during the internship (s. 493.6116(3), F.S.).
• The sponsor must provide direction and control, may not let the intern operate independently of that control, and may not assign work that does not enhance the intern's qualification for licensure.

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4. Class "C" Experience: the Four Categories (s. 493.6203(4), F.S.)

An applicant for a Class "C" license must have 2 years of lawfully gained, verifiable, full-time experience or training in one, or a combination, of these categories:

Two hard limits to memorize:

1. Experience in performing bodyguard services is not creditable toward the Class "C" requirement. The statute says so expressly.
2. Internship time is computed on a full-time, 40-hour workweek basis. Overtime worked beyond 40 hours per week cannot be used to shorten the two-year requirement.

[!CAUTION] The degree myth. Florida does not treat a bachelor's or graduate degree as satisfying the entire two-year requirement. Category 2 - college coursework and law-enforcement training combined - is capped at one year, no matter how many degrees the applicant holds. The remaining year must come from category 1, 3, or 4.

For comparison, s. 493.6203(2), F.S., sets the Class "MA" manager requirement, which uses a differently worded list including a managerial/supervisory pathway; and s. 493.6203(3) requires a Class "M" applicant to qualify as both a Class "MA" manager and a Class "MB" manager under s. 493.6303(2). Do not import the MA list into the Class "C" analysis.

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5. Sponsorship of Interns (s. 493.6116, F.S.)

Discipline for sponsor failures. Section 493.6118(1)(r), F.S., makes it a ground for disciplinary action when a sponsor fails or refuses to certify the biannual written report, or to certify completion or termination of an internship, within 15 working days.

[!WARNING]

Exam traps in this section

• No one-year sponsorship seasoning rule exists. A brand-new Class "C" licensee may sponsor an intern immediately.
• Six is the ceiling on concurrent interns, and the statute provides no variance procedure to exceed it.
• Distinguish the deadlines: 5 working days (firearm discharge report, s. 493.6115(9); partner/officer changes, s. 493.6112(1)); 15 days (internship completion or termination, s. 493.6116(5)); 15 calendar days (employment or termination of a licensee reported by the agency, s. 493.6112(2)); 10 days (change of residence or mailing address, s. 493.6106(3)).
• Forms: FDACS-16026 = Letter of Intent to Sponsor; FDACS-16016 = Termination/Completion of Sponsorship; FDACS-16023 = Affidavit of Experience.
• Bodyguard work earns zero credit toward Class "C" experience, and overtime earns zero credit toward internship time.