Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1162
                        Barcode 121322
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (Saunders)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 790.0601, Florida Statutes, is
19  created to read:
20         790.0601  Public records exemption for concealed
21  weapons.--
22         (1)  Personal identifying information of an individual
23  who has applied for or received a license to carry a concealed
24  weapon or firearm pursuant to s. 790.06 held by the Division
25  of Licensing of the Department of Agriculture and Consumer
26  Services is confidential and exempt from s. 119.07(1) and s.
27  24(a), Art. I of the State Constitution. This exemption
28  applies to such information held by the division before, on,
29  or after the effective date of this section. 
30         (2)  Information made confidential and exempt by this
31  section shall be disclosed:
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    9:22 AM   03/07/06                              s1162.cm37.00a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1162 Barcode 121322 1 (a) With the express written consent of the applicant 2 or licensee or his or her legally authorized representative. 3 (b) By court order upon a showing of good cause. 4 (c) Upon written request by law enforcement in 5 connection with an active criminal investigation. 6 (3) This section is subject to the Open Government 7 Sunset Review Act in accordance with s. 119.15 and shall stand 8 repealed on October 2, 2011, unless reviewed and saved from 9 repeal through reenactment by the Legislature. 10 Section 2. The Legislature finds that it is a public 11 necessity that the personal identifying information of an 12 individual who has applied for or received a license to carry 13 a concealed weapon or firearm held by the Division of 14 Licensing of the Department of Agriculture and Consumer 15 Services be made confidential and exempt from public records 16 requirements, with certain exceptions. The carrying of a 17 concealed weapon in the state by members of the general public 18 requires an individual to obtain a license from the Department 19 of Agriculture and Consumer Services. The applicant for a 20 license to carry a concealed weapon or firearm must state that 21 he or she seeks a concealed weapon or firearms license as a 22 means of lawful self-defense. The knowledge that someone has 23 applied for or received a license to carry a concealed weapon 24 or firearm can very easily lead to the conclusion that the 25 applicant or licensee has in fact armed himself or herself. 26 This knowledge defeats the purpose behind the authorization to 27 carry a concealed weapon or firearm. If the applicant or 28 licensee had intended for the general public to know he or she 29 was carrying a weapon or firearm then he or she only would 30 have applied for a regular weapon or firearms permit. The 31 Legislature has found in prior legislative sessions and has 2 9:22 AM 03/07/06 s1162.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1162 Barcode 121322 1 expressed in s. 790.335(1)(a)3., Florida Statutes, that "a . . 2 . record . . . of legally owned firearms or law-abiding 3 firearm owners is . . . an instrument that can be used as a 4 means to profile innocent citizens and to harass and abuse 5 American citizens based solely on their choice to own firearms 6 and exercise their Second Amendment right to keep and bear 7 arms as guaranteed under the United States Constitution." 8 Release of personal identifying information of an individual 9 who has applied for or received a license to carry a concealed 10 weapon or firearm could be used to harass an innocent person 11 based solely on that person's exercised right to carry a 12 concealed weapon or firearm. Furthermore, such information 13 could be used and has been used to identify individuals who 14 have obtained a license to carry a concealed weapon or firearm 15 for the purpose of making the identity of the applicant or 16 licensee publicly available via traditional media and the 17 Internet. Once again, such release contradicts the purpose of 18 carrying a concealed weapon or firearm. As such, the 19 Legislature finds that the personal identifying information of 20 an individual who has applied for or received a license to 21 carry a concealed weapon or firearm pursuant to chapter 790, 22 Florida Statutes, must be held confidential and exempt from 23 public records requirements. 24 Section 3. This act shall take effect October 1, 2006. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 3 9:22 AM 03/07/06 s1162.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1162 Barcode 121322 1 A bill to be entitled 2 An act relating to public records; creating s. 3 790.0601, F.S.; creating an exemption from 4 public records requirements for certain 5 personal identifying information held by the 6 Division of Licensing of the Department of 7 Agriculture and Consumer Services; providing 8 for retroactive application of the exemption; 9 providing for disclosure of such information 10 under specified conditions; providing for 11 review and repeal; providing a statement of 12 public necessity; providing an effective date. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 9:22 AM 03/07/06 s1162.cm37.00a