440.26 Private detectives, investigators and security personnel; licenses and permits.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)License or permit required.

(a)No person may do any of the following unless he or she has a license or permit issued under this section:

1. Advertise, solicit or engage in the business of operating a private detective agency.

2. Act as a private detective, investigator, special investigator or private security person.

3. Act as a supplier of private security personnel.

4. Solicit business or perform any other type of service or investigation as a private detective or private security person.

11. Receive any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 4.

(b)The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.

(1m)Definition. In this section, “private security person” or “private security personnel” means any private police, guard, or any person who stands watch for security purposes.

(2)Types of licenses; application; approval.

(a)Types of licenses. The department may do any of the following:

1. Issue a private detective agency license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par.

(c). The department may not issue a license under this subdivision unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of a private detective is issued a private detective license under this section.

2. Issue a private detective license to an individual who meets the qualifications specified under par.

(c)if the individual is an owner, co-owner or employee of a private detective agency required to be licensed under this section.

(b)Applications. The department shall prescribe forms for original and renewal applications. A partnership or limited liability company application shall be executed by all members of the partnership or limited liability company. A corporate application shall be executed by the secretary and the president or vice president and, in addition, in the case of a foreign corporation, by the registered agent.

(c)Approval.

1. Subject to subds. 2. and 3. , the department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence.

2. An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned for that felony is not eligible for a license under this section.

3. The department may not issue a license under this section to an individual unless the individual is over 18 years of age.

4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.

5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub.

(a)1. to 5.

(3)Issuance of licenses; fees. Upon receipt and examination of an application executed under sub.

(2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the initial credential fee determined by the department under s. 440.03

(a). No license shall be issued for a longer period than 2 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the applicable fees specified in s. 440.08 or determined by the department under s. 440.03

(a). The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.

(3m)Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902

(b)and shall allow all of the following:

(a)A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23

(g)2. to 5. and

(b)1. to 3. applies.

(am)A person who is certified as a tactical emergency medical services professional under s. 165.85

(3)to carry a concealed firearm.

(b)A qualified out-of-state law enforcement officer, as defined in s. 941.23

(g), to carry a concealed firearm if s. 941.23

(b)1. to 3. applies.

(c)A former officer, as defined in s. 941.23

(c), to carry a concealed firearm if s. 941.23

(d)A licensee, as defined in s. 175.60

(d), or an out-of-state licensee, as defined in s. 175.60

(g), to carry a concealed weapon as permitted under s. 175.60 .

(4)Bonds or liability policies required. No license may be issued under this section until a bond or liability policy, approved by the department, in the amount of $100,000 if the applicant for the license is a private detective agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department. The person shall maintain the bond or liability policy during the period that the license is in effect.

(4m)Reporting violations of law.

(a)Definition. In this subsection, “violation” means a violation of any state or local law that is punishable by a forfeiture.

(b)Reporting requirement. A person who holds a license or permit issued under this section and who is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, shall notify the department in writing of the date, place and nature of the conviction or finding within 48 hours after the entry of the judgment of conviction or the judgment finding that the person committed the violation. Notice may be made by mail and may be proven by showing proof of the date of mailing the notice.

(5)Exemptions.

(a)The requirement that a person acting as a private detective, investigator or special investigator be licensed under this section does not apply to attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attorneys whose work as private detective, investigator or special investigator is limited to such attorney or firm or to persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section.

(b)The license requirements of this section do not apply to any person employed directly or indirectly by the state or by a municipality, as defined in s. 345.05

(c), or to any employee of a railroad company under s. 192.47 , or to any employee of a commercial establishment, while the person is acting within the scope of his or her employment and whether or not he or she is on the employer’s premises.

(c)An employee of any agency that is licensed as a private detective agency under this section and that is doing business in this state as a supplier of uniformed private security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities is exempt from the license requirements of this section while engaged in such employment, if all of the following apply:

1. The employee obtains a private security permit under sub.

(5m).

2. The private detective agency furnishes an up-to-date written record of its employees to the department. The record shall include the name, residence address, date of birth and a physical description of each employee together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of each employee.

3. The private detective agency notifies the department in writing within 5 days of any change in the information under subd. 2. regarding its employees, including the termination of employment of any person.

(5m)Private security permit.

(a)The department shall issue a private security permit to an individual if all of the following apply:

1. The individual submits an application for a private security permit to the department on a form provided by the department.

2. The individual has not been convicted in this state or elsewhere of a felony, unless he or she has been pardoned for that felony.

3. The individual provides evidence satisfactory to the department that he or she is an employee of a private detective agency described in sub.

(c).

4. The individual pays to the department the initial credential fee determined by the department under s. 440.03

(a).

(am)The department may refuse to issue a private security permit to a person who has been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss. 111.321 , 111.322 , and 111.335 .

(b)The renewal dates for permits issued under this subsection are specified under s. 440.08

(a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03

(a).

(c)A private security permit issued under this subsection authorizes the holder of the permit to engage in private security activities described in sub.

(c)for an employer described in sub.

(c)anywhere in this state.

(d)The department shall maintain a record pertaining to each applicant for a permit under this subsection and each holder of a permit issued under this subsection. The record shall include all information received by the department that is relevant to the approval or denial of the application, the issuance of the permit and any limitations, suspensions or revocations of the permit.

(5r)Temporary private security permit.

(a)The department shall issue a temporary private security permit to an individual at the request of the individual if all of the following apply:

1. The individual has completed an application and provided information required under sub.

(a).

2. The department is not yet able to grant or deny the individual’s application because a background check of the individual is not complete.

1. Except as provided in subd. 2. , an individual who has been issued a temporary private security permit under par.

(a)may act as a private security person in the same manner as an individual issued a private security permit under sub.

(5m).