Introduction

In Florida’s civil litigation environment, licensed private investigators are more than field operatives. They are disciplined fact-finders whose work can shape pleadings, discovery responses, and courtroom outcomes. Operating under Florida Statutes Chapter 493, investigators provide attorneys with factual clarity, visual documentation, and background intelligence that often make the difference between speculation and proof.

1. Pre-Litigation and Case Development

Before a complaint is filed, investigators help attorneys assess the facts that form the foundation of a potential claim. Early investigation often determines whether a lawsuit is viable or can be resolved without litigation.

A well-executed background investigation establishes key details about a defendant’s assets, employment, and prior claims history. This information helps counsel evaluate collectability and identify behavioral patterns. Scene documentation, including photographs, videos, and measurements, preserves conditions before they are altered or repaired. These records often become critical when later compared with expert opinions or defense evidence.

Locating and interviewing witnesses is another essential pre-litigation task. Early contact ensures that recollections remain accurate. When a favorable statement cannot be obtained, the investigator should lawfully and ethically focus on what the witness did not see or cannot verify. Defining the limits of perception narrows the evidentiary scope, reduces speculation, and prevents exaggeration. If further investigation reveals credibility concerns such as bias, conflicting accounts, or intoxication, the attorney can evaluate whether to rely on that witness.

Legal and Ethical Framework

All interviews and reports must comply with the Florida Rules of Professional Conduct, including Rule 4-3.4(b) which prohibits falsification or improper influence of testimony, and Rule 4-4.1, which requires truthfulness in statements to others. Investigators working under attorney supervision may clarify observations but must not coach, mislead, or suppress truthful information.

Reports should remain objective and factual, consistent with Rule 1.280, Florida Rules of Civil Procedure, which governs discovery of relevant, non-privileged material. Balanced reporting that includes both favorable and unfavorable findings enhances credibility and preserves admissibility.

Ethical Boundaries and Practical Guidance

Integrity defines the effectiveness of an investigation. The investigator should never suggest or discourage specific answers and must allow witnesses to respond freely. Factual limitations should be clearly stated, such as “The witness reported she was inside the residence and did not see the fall.” Environmental factors like lighting, distance, and obstructions should also be recorded to establish context.

Objectivity is essential. Reports should describe only observable facts, not opinions or assumptions. A factual, neutral tone ensures the work withstands scrutiny from opposing counsel and the court.

The pre-litigation phase is the foundation of every successful case. A disciplined investigator collects facts within ethical and procedural limits, allowing attorneys to build their strategy on verified information rather than assumption.

2. Discovery Support

During discovery, private investigators act as the attorney’s field and analytical partners, turning raw facts into actionable intelligence. Their work can confirm or challenge interrogatory responses, deposition testimony, and affidavits, bridging the gap between field observation and legal argument.

Typical discovery support includes locating defendants or witnesses through asset and skip tracing, performing background checks for impeachment material, and documenting property or injury claims. Investigators also provide comparative analysis of opposing expert findings, such as identifying inconsistencies between a plaintiff’s contractor estimate and an insurer’s or adjuster’s report, or between a treating physician’s findings and those of an independent medical examiner.

These comparisons reveal factual discrepancies or missing data that become valuable during cross-examination. Investigators can further assist by recommending deposition questions based on investigative findings, helping counsel address credibility gaps or factual inconsistencies efficiently.

Accident reconstruction is another essential contribution. By documenting impact points, distances, and physical evidence, investigators help experts accurately reconstruct loss events. Coordinated work between the attorney, expert, and investigator ensures accuracy and persuasive visual presentation.

Investigators also offer preventive value to property managers, real estate owners, and insurers through annual or semiannual photographic walkthroughs that record pre-existing conditions. These programs provide verifiable evidence that can deter or disprove fraudulent claims and are now common in risk-management practices.

All findings must remain relevant and proportional under Rule 1.280. Any expert comparison or analytical conclusion should be conducted under attorney supervision to maintain work-product privilege and avoid unauthorized practice of law.

3. Service of Process and Locating Parties

Effective service of process is critical to jurisdiction. Investigators who also hold appointments under F.S. §48.031 ensure compliance with statutory requirements. Through lawful database searches, neighborhood canvassing, and skip tracing, investigators locate defendants and witnesses who might otherwise delay proceedings.

4. Surveillance and Sub-Rosa Evidence

Surveillance, when performed properly, is one of the most persuasive forms of evidence in civil litigation. It can expose false injury claims, document property conditions, and verify the truth of daily activities.

The term “sub-rosa”, meaning under the rose, refers to lawful covert observation conducted without the subject’s knowledge. Modern sub-rosa work emphasizes documentation rather than intrusion. Properly executed, it provides objective visual proof that can influence settlement or trial.

Under Chapter 493, investigators must observe strict boundaries. Surveillance must be conducted from public vantage points and never through trespass or intrusion. Entering private property or using optical enhancement to observe enclosed spaces violates F.S. §810.09 and may render evidence inadmissible under F.S. §90.403.

F.S. §934.425 prohibits GPS tracking without the vehicle owner’s or lessee’s consent, classifying violations as third-degree felonies. Likewise, F.S. §934.03(1)(a) makes Florida a two-party consent state for audio recording. Unauthorized recording is illegal and grounds for license suspension under F.S. §493.6118(1)(j).

Trash retrieval, commonly called a “trash pull,” is lawful only when refuse has been placed for public collection, as recognized in California v. Greenwood (486 U.S. 35 (1988)) and State v. Rigsby (885 So. 2d 871 (Fla. 2004)). Retrieving trash from enclosed or fenced areas constitutes trespass under §810.09.

For admissibility, surveillance evidence must be gathered by a licensed investigator under §493.6120(1), documented with accurate time and location data, and maintained through an unbroken chain of custody. Violations may result in discipline by the Florida Department of Agriculture and Consumer Services (FDACS).

The most effective investigators value precision over secrecy. Lawful and accurate documentation is what makes surveillance persuasive in court.

5. Evidence Documentation and Chain of Custody

Once evidence is gathered, maintaining its integrity becomes the investigator’s most important duty. Each link in the chain of custody must be clearly recorded and verified.

In property-damage cases, pre-repair photographs can later confirm that storm, not age, caused a loss. In negligence actions, video of unsafe conditions may support expert testimony on foreseeability. Florida’s Evidence Code, F.S. §90.901–§90.956, requires proper authentication of all exhibits. Timestamps, metadata, detailed logs, and sworn affidavits strengthen admissibility.

A properly documented chain of custody also protects against claims of spoliation under F.S. §90.953. Every transfer of evidence, whether to an attorney, expert, or court, should be logged, signed, and stored securely.

6. Ethical and Legal Considerations

Florida’s licensing structure ensures accountability in the investigative field. Individuals who perform investigations must hold a Class C license, while only a Class A agency may contract directly with clients. A Class C investigator who solicits or contracts independently violates §493.6118(1)(d) and risks administrative or criminal penalties.

Attorneys and clients should verify that both the investigator and the agency are properly licensed and insured. Class A agencies are required to maintain liability and errors-and-omissions coverage under §493.6110, providing a safeguard for clients.

Investigators handle sensitive information and must comply with F.S. §501.171, which governs data protection and breach notification. Reports and digital evidence should be encrypted and retained according to legal and client directives.

Work performed under attorney direction is protected by the work-product doctrine, but that protection is lost if materials are shared outside the legal team. Maintaining confidentiality and professionalism preserves privilege and credibility.

7. The Strategic Advantage

When integrated early into litigation strategy, investigators provide insights that written discovery cannot achieve. A brief video or photograph can reveal the truth more effectively than pages of testimony.

A claimant who alleges permanent disability might be documented performing strenuous activity, leading to early settlement once evidence is disclosed. In property-damage cases, photographic records can establish the timing and cause of loss, undercutting defenses of pre-existing conditions.

Attorneys who collaborate with investigators from the start benefit from targeted fieldwork that supports case theory, preserves evidence, and produces persuasive exhibits for mediation or trial.

Conclusion

Florida’s litigation system values diligence, accuracy, and ethical compliance. Integrating licensed investigators from the outset provides attorneys with credible, admissible facts that strengthen every phase of the case.

Each photograph, interview, and report gathered under F.S. §493, Rule 1.280, and the Florida Rules of Professional Conduct (4-3.4(b) and 4-4.1) contributes to the integrity of the judicial process. Whether documenting property conditions, conducting surveillance, or verifying witness testimony, investigators turn uncertainty into verifiable fact.

The professional investigator serves as both guardian and conduit of truth. By gathering evidence carefully, preserving it properly, and presenting it accurately, the investigator supports the attorney’s pursuit of justice and upholds the ethical standards that define Florida’s investigative profession.

© 2025 Bedan Investigations & Litigation Support
Florida Licensed Private Investigative Agency | Fl. License A3500265

By Semyon Berezhansky, Private Investigator | Fl. License C3500448
Managing Member, Bedan Investigations & Litigation Support

www.BedanGroup.com/Investigation