What Can a Private Investigator Legally Do in Florida?

When people think of private investigators, they often imagine Hollywood-style drama—covert surveillance, high-speed chases, or dramatic confrontations. However, in real life, private investigators must follow strict laws and licensing regulations, especially in Florida.

If you’re considering hiring a PI in the Sunshine State, it’s important to understand what they can—and cannot—do within the law.

In this article, we’ll explain the legal scope of private investigators in Florida and how they can help uncover the truth without crossing legal boundaries.

What Private Investigators Can Legally Do in Florida

Florida law permits licensed private investigators to perform a range of services, provided they stay within legal and ethical guidelines. Here’s what they’re allowed to do:

1. Conduct Surveillance

Private investigators may conduct physical or digital surveillance in public spaces. For example, they can observe individuals or property and take photographs or videos, as long as they remain in areas where there’s no reasonable expectation of privacy.

2. Gather Evidence for Legal Cases

Whether you’re dealing with a cheating spouse, a child custody battle, or a workers’ compensation claim, a PI can legally collect evidence to support your case. Often, they collaborate with attorneys to provide detailed reports, videos, or background documentation.

3. Perform Background Checks

Because they have access to specialized databases, PIs can legally run background checks on individuals or businesses. This is particularly useful for employment screening, legal disputes, or personal investigations.

4. Locate Missing Persons

Using skip-tracing methods, public records, and interviews, private investigators can track down missing persons, including runaway teens, long-lost relatives, or individuals avoiding debt collection.

5. Interview Witnesses

Interviewing people involved in a case is another legal task PIs can perform. These witness interviews are often used in legal disputes, insurance investigations, or corporate HR cases.

6. Serve Legal Documents

Although not all investigators offer this service, many are authorized to serve legal documents like subpoenas. However, they must still follow Florida’s process-serving rules and regulations.

What Private Investigators Cannot Do in Florida

While private investigators can do a lot, they still face legal limitations. Florida law places clear boundaries to protect citizens’ privacy and rights.

1. Trespass on Private Property

A PI cannot legally enter someone’s private property—home, yard, or business—without permission. Doing so is a criminal offense and could also invalidate any evidence collected.

2. Wiretap Phones or Hack Devices

In Florida, all parties must consent to phone recordings. Therefore, private investigators cannot wiretap phones, hack into devices, or illegally access email and social media accounts. Any evidence obtained this way is both illegal and inadmissible in court.

3. Impersonate Law Enforcement

PIs are not police officers. They are prohibited from arresting anyone, carrying out official duties, or falsely presenting themselves as law enforcement personnel.

4. Access Protected Information

Although PIs can gather a wide range of public information, the law bars them from accessing:

• Bank accounts (without consent or a subpoena)

• Medical records protected by HIPAA

• Sealed court documents

Attempting to access these can lead to criminal charges and disqualify them from working on your case.

Florida Licensing Requirements

In Florida, all private investigators must be licensed through the Florida Department of Agriculture and Consumer Services (FDACS). This ensures they’ve completed necessary training, passed background checks, and adhere to professional standards.

Before hiring any investigator, it’s a smart idea to verify their license through the FDACS website.

Why Hire a Licensed Private Investigator in Florida?

Hiring a licensed Florida private investigator gives you peace of mind that your case will be handled professionally and legally. Whether you need to verify suspicions, gather court-admissible evidence, or conduct background checks, a licensed PI can help you without putting your legal standing at risk.

Final Thoughts

Knowing what a private investigator can legally do in Florida helps you set realistic expectations and stay protected. Always work with a licensed, experienced professional who follows state laws and ethical guidelines.

Ready to Uncover the Truth?

At Nathans Investigations, we’re proud to offer legal, discreet, and professional private investigation services throughout Florida. Whether you’re in Miami or elsewhere in the state, we’re here to help.

Call us today at (855) 828-8280 or (786) 426-7387 for a FREE Consultation.