(1) The department recognizes the need in certain situations for private investigators from other states or territories to enter the State of Florida for the purpose of following-up investigative leads when engaged in investigations originating in his or her state of licensure. Accordingly, the department establishes the following criteria for reciprocity agreements with other states or territories:
    (a) The licensure requirements of the other state or territory must be substantially similar to or greater than those established in Florida Statutes Chapter 493
    (b) The other state or territory’s Commissioner of Agriculture or other appropriate authority, must agree to accept service of process for their licensees operating in Florida on a temporary basis pursuant to a reciprocity agreement.
    (2) The following requirements apply to private investigators and private investigative agencies that are licensed in states or territories that have entered into reciprocity agreements with the department, and who seek to temporarily operate in Florida in order to follow-up on leads originating in their state or territory of licensure.
    (a) Prior to conducting investigations in Florida, private investigators and private investigative agencies shall, in their state or territory of licensure:
    1. Possess a current, unencumbered license,
    2. Have engaged in licensed activities for at least one year with no disciplinary action against him or her; and,
    3. Not be under investigation in such other state or territory for an offense that would constitute a violation of Florida Statutes Chapter 493
    (b) Private investigators operating in Florida under a reciprocity agreement shall, in their home state or territory of licensure, own or be employed by, a private investigative agency.
    (c) Private investigators and private investigative agencies are allowed to conduct an investigation in Florida only if the investigation originated in their state or territory of licensure.
    (d) Investigations shall be limited to no more than 30 days. Investigations exceeding 30 days must be handled by a private investigative agency licensed in Florida.
    (e) Private investigators and private investigative agencies shall not solicit private investigative business or advertise investigative services while operating in Florida.
    (f) Out-of-state private investigators are prohibited from carrying firearms while conducting professional investigative services in Florida.
    (g) When performing private investigations in Florida, investigators and investigative agencies are subject to the provisions of Florida Statutes Chapter 493, and the rules promulgated thereunder.
Rulemaking Authority 493.6109 FS. Law Implemented Florida Statutes § 493.6109. History-New 12-11-16.