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Florida Statute 493.6115 | Lawyer Caselaw & Research
F.S. 493.6115 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 493.6115

The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 493
PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND REPOSSESSION SERVICES
View Entire Chapter
F.S. 493.6115
493.6115 Weapons and firearms.—
(1) The provisions of this section shall apply to all licensees in addition to the other provisions of this chapter.
(2) Only Class “C,” Class “CC,” Class “D,” Class “M,” Class “MA,” or Class “MB” licensees are permitted to bear a firearm and any such licensee who bears a firearm shall also have a Class “G” license.
(3) No employee shall carry or be furnished a weapon or firearm unless the carrying of a weapon or firearm is required by her or his duties, nor shall an employee carry a weapon or firearm except in connection with those duties. When carried pursuant to this subsection, the weapon or firearm shall be encased in view at all times except as provided in subsection (4).
(4) A Class “C” or Class “CC” licensee who is 21 years of age or older and has also been issued a Class “G” license may carry, in the performance of her or his duties, a concealed firearm. A Class “D” licensee who is 21 years of age or older and has also been issued a Class “G” license may carry a concealed firearm in the performance of her or his duties under the conditions specified in s. 493.6305(3) and (4). The Class “G” license must clearly indicate such authority. The authority of any such licensee to carry a concealed firearm is valid in any location throughout the state while performing services within the scope of the license.
(5) The Class “G” license shall remain in effect only during the period the applicant is employed as a Class “C,” Class “CC,” Class “D,” Class “MA,” Class “MB,” or Class “M” licensee.
(6) In addition to any other firearm approved by the department, a licensee who has been issued a Class “G” license may carry a .38 caliber revolver; or a .380 caliber or 9 millimeter semiautomatic pistol; or a .357 caliber revolver with .38 caliber ammunition only; or a .40 caliber handgun; or a .45 ACP handgun while performing duties authorized under this chapter. A licensee may not carry more than two firearms upon her or his person when performing her or his duties. A licensee may only carry a firearm of the specific type and caliber with which she or he is qualified pursuant to the firearms training referenced in subsection (8) or s. 493.6113(3)(b).
(7) Any person who provides classroom and range instruction to applicants for Class “G” licensure shall have a Class “K” license.
(8) A Class “G” applicant must satisfy the minimum training criteria as set forth in s. 493.6105(5) and as established by rule of the department.
(9) Whenever a Class “G” licensee discharges her or his firearm in the course of her or his duties, the Class “G” licensee and the agency by which she or he is employed shall, within 5 working days, submit to the department an explanation describing the nature of the incident, the necessity for using the firearm, and a copy of any report prepared by a law enforcement agency. The department may revoke or suspend the Class “G” licensee’s license and the licensed agency’s agency license if this requirement is not met.
(10) The department may promulgate rules to establish minimum standards to issue licenses for weapons other than firearms.
(11) The department may establish rules to require periodic classroom training for firearms instructors to provide updated information relative to curriculum or other training requirements provided by statute or rule.
(12) The department may issue a temporary Class “G” license, on a case-by-case basis, if:
(a) The agency or employer has certified that the applicant has been determined to be mentally and emotionally stable by either:
1. A validated written psychological test taken within the previous 12-month period.
2. An evaluation by a psychiatrist or psychologist licensed in this state or by the Federal Government made within the previous 12-month period.
3. Presentation of a DD form 214, issued within the previous 12-month period, which establishes the absence of emotional or mental instability at the time of discharge from military service.
(b) The department has reviewed the mental health and substance abuse data provided by the Department of Law Enforcement as authorized in s. 493.6108(3) and has determined the applicant is not prohibited from licensure based upon this data.
(c) The applicant has submitted a complete application for a Class “G” license, with a notation that she or he is seeking a temporary Class “G” license.
(d) The applicant has completed all Class “G” minimum training requirements as specified in this section.
(e) The applicant has received approval from the department subsequent to its conduct of a criminal history record check as authorized in s. 493.6108(1).
(13) In addition to other fees, the department may charge a fee, not to exceed $25, for processing a Class “G” license application as a temporary Class “G” license request.
(14) Upon issuance of the temporary Class “G” license, the licensee is subject to all of the requirements imposed upon Class “G” licensees.
(15) The temporary Class “G” license is valid until the Class “G” license is issued or denied. If the department denies the Class “G” license, any temporary Class “G” license issued to that individual is void, and the individual shall be removed from armed duties immediately.
(16) If the criminal history record check program referenced in s. 493.6108(1) is inoperable, the department may issue a temporary “G” license on a case-by-case basis, provided that the applicant has met all statutory requirements for the issuance of a temporary “G” license as specified in subsection (12), excepting the criminal history record check stipulated there; provided, that the department requires that the licensed employer of the applicant conduct a criminal history record check of the applicant pursuant to standards set forth in rule by the department, and provide to the department an affidavit containing such information and statements as required by the department, including a statement that the criminal history record check did not indicate the existence of any criminal history that would prohibit licensure. Failure to properly conduct such a check, or knowingly providing incorrect or misleading information or statements in the affidavit constitutes grounds for disciplinary action against the licensed agency, including revocation of license.
(17) No person is exempt from the requirements of this section by virtue of holding a concealed weapon or concealed firearm license issued pursuant to s. 790.06.
History.—ss. 2, 11, ch. 90-364; s. 7, ch. 91-248; s. 4, ch. 91-429; s. 7, ch. 94-172; s. 533, ch. 97-103; s. 5, ch. 97-248; s. 1, ch. 2005-69; s. 8, ch. 2011-205; s. 4, ch. 2014-147; s. 16, ch. 2017-85.

F.S. 493.6115 on Google Scholar

F.S. 493.6115 on Casetext

Amendments to 493.6115


Arrestable Offenses / Crimes under Fla. Stat. 493.6115
Level: Degree
Misdemeanor/Felony: First/Second/Third

S493.6115 - PUBLIC ORDER CRIMES - SECURITY OFFICER CARRY FIREARM WHEN NOT REQUIR - M: F

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Abad v. G4S Secure Sols. (U.S.)

    293 So. 3d 26 (Fla. Dist. Ct. App. 2020)   Cited 1 times
    Appellants also concede that Mateen did not use weapons owned or controlled by G4S, but instead, weapons purchased by him on his private time. Appellants’ argument that by fraudulently assisting Mateen in obtaining a Class G license—which in turn was helpful in purchasing the weapons used—is legally irrelevant. A Class G license only allowed Mateen to work as an armed security guard. See § 493.6115, Fla. Stat. (2019). It was not a legal requirement for him to be able to purchase personal weapons. See Art. I, § 8, Fla. Const.; § 790.065, Fla. Stat. (2019). As G4S points out, even though one gun dealer subjectively considered the license in his decision to sell Mateen the weapons used, the license was not a legal requirement spelled out in the Florida Constitution or statutes and, thus, is irrelevant in the analysis. Mateen could have purchased the same weapons from any number of gun dealers in Florida without the license. We are not persuaded by Appellants’ attempt to minimize the impact of G4S’s argument by contending that the argument goes to proximate cause and not duty.
    PAGE 31

  2. Carswell Inv. v. Dept. of State

    705 So. 2d 999 (Fla. Dist. Ct. App. 1998)
    We reverse the final order to the extent that it found that Carswell violated Florida Statutes sections 493.6115 and 493.6118(1)(t) for carrying an unauthorized weapon in the course of regulated conduct and section 493.6118(1)(k) for knowingly violating a Georgia statute in the course of activity regulated by chapter 493. The Department concedes on appeal that appellant could not be found guilty under these statutory provisions because the facts, as found by the administrative law judge, established that the improprieties alleged did not occur in the course of appellant's private investigative services or any other activity regulated by the Department. We reverse the finding that appellant violated section 493.6118(1)(I), impersonating a law enforcement officer, since appellant, upon showing Georgia law enforcement officers his identification, which included an "official" looking badge, truthfully told them that he was a licensed private investigator in the State of Florida. Lastly, we affirm the finding that appellant failed to notify the Department of, and submit applications for, the addition of four corporate officers to his business, Carswell Investigations, Inc.…

  3. Garcia-Cantero v. Dept. of State

    615 So. 2d 804 (Fla. Dist. Ct. App. 1993)
    Section 493.6115(8), Florida Statutes (1991), controls the outcome of count II which alleges that the instructor committed an act of misconduct in certifying that forty-six students had received twenty-four hours of range and classroom training. The statute requires:
    PAGE 806

    Cases from cite.case.law:

    CARSWELL INVESTIGATIONS, B. v. DEPARTMENT OF STATE, DIVISION OF LICENSING,, 705 So. 2d 999 (Fla. Dist. Ct. App. 1998)

    . . . reverse the final order to the extent that it found that Carswell violated Florida Statutes sections 493.6115 . . .

    GARCIA- CANTERO, v. DEPARTMENT OF STATE, DIVISION OF LICENSING,, 615 So. 2d 804 (Fla. Dist. Ct. App. 1993)

    . . . Section 493.6115(8), Florida Statutes (1991), controls the outcome of count II which alleges that the . . . But section 493.6115(8), unlike the rule involved in the other point, is clear in both letter and spirit . . .