eLaws of Florida

  SECTION 493.6119. Divulging investigative information; false reports prohibited.  


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  • 1(1) 2Except 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.
    107(2) 108Nothing 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.
    156(3) 157Any 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:
    209(a) 210That the information requested was obtained by a licensed private investigator on behalf of a client; and
    227(b) 228That the client has been advised of the request and has denied permission to grant access; or
    245(c) 246That 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
    294(d) 295That the requested investigative file will be provided pursuant to a subpoena issued by the department.
    311(4) 312No 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.

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