Can a Florida police officer also work as a private investigator or security guard, or own that kind of business?

Plain-English summary

The West Miami Police Department asked whether a sworn officer it employed could also work as a licensed private investigator or security guard, or own a private investigation or security agency, and whether that would create a conflict of interest.

A senior assistant attorney general answered with informal comments rather than a formal opinion. The office said it was aware of no statute that prohibits a sworn Florida law enforcement officer from holding that kind of outside private employment. But the conflict-of-interest piece was outside the AG's lane. Questions about conflicts of interest are governed by the Code of Ethics for Public Officers and Employees (Part III, Chapter 112, Florida Statutes), which the Florida Commission on Ethics interprets. The office suggested the department contact that commission.

The opinion did flag the relevant guardrails. Section 943.13(7) requires officers to maintain good moral character, and the Criminal Justice Standards and Training Commission rules define a failure to do so as including "misuse of official position" under section 112.313(6). The Code of Ethics also bars conflicting employment under section 112.313(7)(a) and the misuse of nonpublic information for personal gain under section 112.313(8).

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Is there a Florida law stopping a police officer from moonlighting as a security guard or PI?
A: The AG said it was aware of no such statutory prohibition for a sworn officer working as a licensed private investigator or security officer, or owning a licensed investigation or security agency. The office noted by contrast that section 561.25 does bar law enforcement officers from being employed in the alcoholic beverage business.

Q: Who decides whether the side job is a conflict of interest?
A: The Florida Commission on Ethics. Conflict-of-interest questions arise under the Code of Ethics (Part III, Chapter 112), and section 112.322(3) authorizes the commission, not the Attorney General, to issue opinions on how that code applies to a public officer or employee.

Q: What ethics rules could limit an officer's outside work?
A: The opinion pointed to section 112.313(7)(a), which bars a public employee from holding employment that creates a continuing or frequently recurring conflict with public duties, and section 112.313(8), which bars using nonpublic information gained from the position for personal gain. Misuse of official position under section 112.313(6) can also count against the good-moral-character requirement.

Q: Does a department's own policy matter?
A: Yes. The opinion noted that any departmental policy on dual employment would be relevant, and that the agency had not provided its current policies. State law set the floor; the department's own rules could add limits.

Background and statutory framework

Florida certifies law enforcement officers through the Criminal Justice Standards and Training Commission. Section 943.13(7), Florida Statutes, makes good moral character a minimum qualification, and Rule 11B-27.0011, Florida Administrative Code, spells out what that means, including that misuse of official position under section 112.313(6) is a failure to maintain it. Rule 11B-27.005(5)(c)3 prescribes suspension as the penalty for that misuse.

Conflicts of interest sit in a separate framework. The Code of Ethics for Public Officers and Employees governs them, and the Florida Commission on Ethics is the body that interprets it. That division of authority is why the AG offered only informal comments and steered the department to the ethics commission for the conflict-of-interest analysis.

Citations and references

Statutes:

• Part III, Ch. 112, Fla. Stat. (Code of Ethics)
• § 943.13, Fla. Stat. (Officer qualifications)
• § 112.313, Fla. Stat. (Standards of conduct)
• § 561.25, Fla. Stat. (Officers and the beverage business)
• Rule 11B-27.0011, Fla. Admin. Code (moral character)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/law-enforcement-officers-private-employment
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8150

Original opinion text

Chief Gary Knowles

West Miami Police Department

901 Southwest 62nd Avenue

West Miami, Florida 33144

Attn: Captain Nelson Andreu

Dear Chief Knowles:

You have asked several questions relating to the employment by your agency of sworn law enforcement officers who may also work as licensed private investigators or uniformed security guards or own these businesses. Based on the questions you have asked, I understand your concerns to be primarily potential conflicts of interest. Questions relating to conflicts of interest are within the jurisdiction of the Florida Ethics Commission which issues opinions on the provisions of Part III, Chapter 112, Florida Statutes, the Code of Ethics for Public Officers and Employees.[1] You may wish to contact the Florida Commission on Ethics to request their assistance in addressing these matters, but I offer the following informal comments to assist you.

You question whether a sworn law enforcement officer who is employed by a police department may work as a licensed private investigator or a security guard or be the owner of a licensed private investigation agency or security agency. You also ask whether that employment may create a conflict of interest, but provide no details of what aspects of this relationship may be of concern. Further, you have not provided this office with any information on current policies of your agency relating to dual employment, but any such departmental policy would be relevant.

I am aware of no statutory provision which would prohibit a sworn law enforcement officer in this state, who is employed by a police department, from working in the capacity of a licensed private investigator or security officer or the owner of a licensed private investigation or security agency.[2]

Section 943.13(7), Florida Statutes, establishes good moral character as a minimum qualification for employment or appointment of law enforcement officers. Rules of the Criminal Justice Standards and Training Commission relating to certification and employment or appointment provide that each employing agency is responsible for conducting a thorough background investigation to determine the moral character of applicants. The elements of "moral character" for purposes of certification, employment, or appointment of law enforcement officers are set forth in Rule 11B-27.0011, Florida Administrative Code. Particularly, I would note that Rule 11B-27.0011(4)(c)2., Florida Administrative Code, states that a certified officer's failure to maintain good moral character as required by section 943.13(7), Florida Statutes, includes "[m]isuse of official position, defined by Section 112.313(6), F.S."[3] Section 112.313(6), Florida Statutes, is a section of the Code of Ethics for Public Officers and Employees which is interpreted by the Florida Ethics Commission.[4] Further, I would note that the Code of Ethics contains other provisions which may relate to your questions of moral conduct and conflict of interest. As an example, section 112.313(7)(a), Florida Statutes, provides:

"(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.

(a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties."[5]

I trust that these informal comments will assist you in considering employment policy for the West Miami Police Department. Thank you for considering the Florida Attorney General's Office as a source for assistance.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

[1] See s. 112.322(3), Fla. Stat., authorizing the Florida Commission on Ethics to issue opinions relating to the applicability of the Code of Ethics to public officers, employees, and candidates for public office.

[2] Compare s. 561.25, Fla. Stat., which prohibits law enforcement officers and certain others from being employed by or engaging in an alcoholic beverage business.

[3] And see Rule 11B-27.005(5)(c)3, F.A.C., which prescribes suspension as the penalty for misuse of official position.

[4] See s. 112.322(3)(a) and (7), Fla. Stat.

[5] See also s. 112.313(8), Fla. Stat., providing:

"DISCLOSURE OR USE OF CERTAIN INFORMATION.A current or former public officer, employee of an agency, or local government attorney may not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity."