The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 493
PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND REPOSSESSION SERVICES

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F.S. 493.6119

493.6119 Divulging investigative information; false reports prohibited.—

(1) Except as otherwise provided by this chapter or other law, no licensee, or any employee of a licensee or licensed agency shall divulge or release to anyone other than her or his client or employer the contents of an investigative file acquired in the course of licensed investigative activity. However, the prohibition of this section shall not apply when the client for whom the information was acquired, or the client’s lawful representative, has alleged a violation of this chapter by the licensee, licensed agency, or any employee, or when the prior written consent of the client to divulge or release such information has been obtained.

(2) Nothing in this section shall be construed to deny access to any business or operational records, except as specified in subsection (1), by an authorized representative of the department engaged in an official investigation, inspection, or inquiry pursuant to the regulatory duty and investigative authority of this chapter.

(3) Any licensee or employee of a licensee or licensed agency who, in reliance on subsection (1), denies access to an investigative file to an authorized representative of the department shall state such denial in writing within 2 working days of the request for access. Such statement of denial shall include the following:

(a) That the information requested was obtained by a licensed private investigator on behalf of a client; and

(b) That the client has been advised of the request and has denied permission to grant access; or

(c) That the present whereabouts of the client is unknown or attempts to contact the client have been unsuccessful but, in the opinion of the person denying access, review of the investigative file under conditions specified by the department would be contrary to the interests of the client; or

(d) That the requested investigative file will be provided pursuant to a subpoena issued by the department.

(4) No licensee or any employer or employee of a licensee or licensed agency shall willfully make a false statement or report to her or his client or employer or an authorized representative of the department concerning information acquired in the course of activities regulated by this chapter.

History.—ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 535, ch. 97-103.

F.S. 493.6119 on Google Scholar

F.S. 493.6119 on Casetext

Amendments to 493.6119

Arrestable Offenses / Crimes under Fla. Stat. 493.6119

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 493.6119.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UBIQUITI NETWORKS, INC. v. KOZUMI USA CORP., 981 F. Supp. 2d 1207 (N.D. Fla. 2013)

. . . Camil moved to quash, invoking Florida Statutes § 493.6119: “Except as otherwise provided by this chapter . . . He says the investigator’s privilege in § 493.6119(1) “is subject to only three enumerated exceptions . . . Stat. § 493.6119(1) (emphasis added). . . .

UBIQUITI NETWORKS, INC. v. KOZUMI USA CORP., 295 F.R.D. 517 (N.D. Fla. 2013)

. . . . § 493.6119 (2012) (section 493.6119) and because the requests subject Camil to an undue burden. . . . The Court also rejects Camil’s argument that section 493.6119(1) should be construed to create a private . . . The Division did not opine that section 493.6119 creates a private investigator-client privilege. . . . Relevancy and Reasonableness of the Subpoenas Camil asserts that section 493.6119(1) creates a blanket . . . Judge McDonald concluded that section 493.6119 granted the private investigator a valid privilege; that . . .