HB 687

1	A bill to be entitled
2	An act relating to public records; amending s. 119.0712,
3	F.S.; providing an exemption from public records
4	requirements for personal identifying information, names,
5	addresses, birth dates, social security numbers, phone
6	numbers, and license numbers contained in records
7	maintained by the Division of Licensing of the Department
8	of Agriculture and Consumer Services of individuals who
9	have applied for or received a license to carry a
10	concealed weapon or firearm; providing for disclosure of
11	such information under specified conditions; providing for
12	review and repeal; providing a statement of public
13	necessity; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (3) is added to section 119.0712,
18	Florida Statutes, to read:
19	119.0712  Executive branch agency-specific exemptions from
20	inspection or copying of public records.--
21	(3)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--All
22	personal identifying information, names, addresses, birth dates,
23	social security numbers, phone numbers, and license numbers
24	contained in records maintained by the Division of Licensing of
25	the Department of Agriculture and Consumer Services of
26	individuals who have applied for or received a license to carry
27	a concealed weapon or firearm pursuant to s. 790.06 are exempt
28	from s. 119.07(1) and s. 24(a), Art. I of the State
29	Constitution, except as otherwise provided in this subsection.
30	Information made confidential and exempt by this subsection
31	shall be disclosed:
32	(a)  With the express written consent of the individual
33	applicant, licensee, or the individual's legally authorized
34	representative.
35	(b)  By court order upon a showing of good cause.
36	(c)  Upon request by law enforcement in the performance of
37	their lawful duties.
38
39	This subsection is subject to the Open Government Sunset Review
40	Act in accordance with s. 119.15 and shall stand repealed on
41	October 2, 2011, unless reviewed and saved from repeal through
42	reenactment by the Legislature.
43	Section 2.  The Legislature finds that the exemption from
44	public records requirements provided by this act for all
45	personal identifying information and license numbers contained
46	in records maintained by the Division of Licensing of the
47	Department of Agriculture and Consumer Services of individuals
48	who have applied for or received a license to carry a concealed
49	weapon or firearm pursuant to chapter 790, Florida Statutes, is
50	a public necessity because this information can be used and has
51	been used to identify individuals who have obtained a license to
52	carry a concealed weapon or firearm for the purpose of then
53	making the identity of such applicants and licenseholders
54	publicly available via traditional media and on the Internet.
55	The carrying of a concealed weapon in the state by members of
56	the general public requires an individual to obtain a license
57	from the Department of Agriculture and Consumer Services. The
58	applicant for a license to carry a concealed weapon or firearm
59	must state that he or she desires a legal means to carry a
60	concealed weapon or firearm for lawful self-defense. The
61	knowledge that someone has a license to carry a concealed weapon
62	or firearm can very easily lead to the conclusion that the
63	licenseholder has in fact armed himself or herself. As the
64	Legislature has found in prior legislative sessions and has
65	expressed in s. 790.335(1)(a)2., Florida Statutes, "a list,
66	record, or registry of legally owned firearms or law-abiding
67	firearm owners is not a law enforcement tool and can become an
68	instrument for profiling, harassing, or abusing law-abiding
69	citizens based on their choice to own a firearm and exercise
70	their Second Amendment right to keep and bear arms as guaranteed
71	under the United States Constitution. Further, such a list,
72	record, or registry has the potential to fall into the wrong
73	hands and become a shopping list for thieves." The Legislature
74	also finds in s. 790.335(1)(a)3., Florida Statutes, that "a
75	list, record, or registry of legally owned firearms or law-
76	abiding firearm owners is not a tool for fighting terrorism, but
77	rather is an instrument that can be used as a means to profile
78	innocent citizens and to harass and abuse American citizens
79	based solely on their choice to own firearms and exercise their
80	Second Amendment right to keep and bear arms as guaranteed under
81	the United States Constitution." The Legislature has in the past
82	stated that it is the intent of the Legislature to protect the
83	privacy rights of law-abiding firearm owners as well as to
84	protect the right of individuals to keep and bear arms as
85	guaranteed under both the Second Amendment to the United States
86	Constitution and s. 8, Art. I of the State Constitution. Because
87	no compilation of this information exists outside the Division
88	of Licensing of the Department of Agriculture and Consumer
89	Services, such a compilation would be of significant value to a
90	person who might desire to profile, harass, steal from, harm, or
91	abuse those who have a license to carry a concealed weapon or
92	firearm. Consequently, the Legislature finds that personal
93	identifying information and license numbers contained in records
94	maintained by the Division of Licensing of the Department of
95	Agriculture and Consumer Services of individuals who have
96	applied for or received a license to carry a concealed weapon or
97	firearm pursuant to chapter 790, Florida Statutes, must be held
98	confidential and exempt from public records requirements.
99	Section 3.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.