| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to public records; creating s. 790.0601, |
| 8 | F.S.; creating an exemption from public records |
| 9 | requirements for certain personal identifying information |
| 10 | held by the Division of Licensing of the Department of |
| 11 | Agriculture and Consumer Services; providing for |
| 12 | retroactive application of the exemption; providing for |
| 13 | disclosure of such information under specified conditions; |
| 14 | providing for review and repeal; providing a statement of |
| 15 | public necessity; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 790.0601, Florida Statutes, is created |
| 20 | to read: |
| 21 | 790.0601 Public records exemption for concealed weapons.-- |
| 22 | (1) Personal identifying information of an individual who |
| 23 | has applied for or received a license to carry a concealed |
| 24 | weapon or firearm pursuant to s. 790.06 held by the Division of |
| 25 | Licensing of the Department of Agriculture and Consumer Services |
| 26 | is confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 27 | I of the State Constitution. This exemption applies to such |
| 28 | information held by the division before, on, or after the |
| 29 | effective date of this section. |
| 30 | (2) Information made confidential and exempt by this |
| 31 | section shall be disclosed: |
| 32 | (a) With the express written consent of the applicant or |
| 33 | licensee or his or her legally authorized representative. |
| 34 | (b) By court order upon a showing of good cause. |
| 35 | (c) Upon written request by law enforcement in connection |
| 36 | with an active criminal investigation. |
| 37 | (3) This section is subject to the Open Government Sunset |
| 38 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 39 | on October 2, 2011, unless reviewed and saved from repeal |
| 40 | through reenactment by the Legislature. |
| 41 | Section 2. The Legislature finds that it is a public |
| 42 | necessity that the personal identifying information of an |
| 43 | individual who has applied for or received a license to carry a |
| 44 | concealed weapon or firearm held by the Division of Licensing of |
| 45 | the Department of Agriculture and Consumer Services be made |
| 46 | confidential and exempt from public records requirements, with |
| 47 | certain exceptions. The carrying of a concealed weapon in the |
| 48 | state by members of the general public requires an individual to |
| 49 | obtain a license from the Department of Agriculture and Consumer |
| 50 | Services. The applicant for a license to carry a concealed |
| 51 | weapon or firearm must state that he or she seeks a concealed |
| 52 | weapon or firearms license as a means of lawful self-defense. |
| 53 | The knowledge that someone has applied for or received a license |
| 54 | to carry a concealed weapon or firearm can very easily lead to |
| 55 | the conclusion that the applicant or licensee has in fact armed |
| 56 | himself or herself. This knowledge defeats the purpose behind |
| 57 | the authorization to carry a concealed weapon or firearm. If the |
| 58 | applicant or licensee had intended for the general public to |
| 59 | know he or she was carrying a weapon or firearm, he or she would |
| 60 | have applied for a regular weapon or firearms permit rather than |
| 61 | a license to carry a concealed weapon or firearm. The |
| 62 | Legislature has found in prior legislative sessions and has |
| 63 | expressed in s. 790.335(1)(a)3., Florida Statutes, that a record |
| 64 | of legally owned firearms or law-abiding firearm owners is "an |
| 65 | instrument that can be used as a means to profile innocent |
| 66 | citizens and to harass and abuse American citizens based solely |
| 67 | on their choice to own firearms and exercise their Second |
| 68 | Amendment right to keep and bear arms as guaranteed under the |
| 69 | United States Constitution." Release of personal identifying |
| 70 | information of an individual who has applied for or received a |
| 71 | license to carry a concealed weapon or firearm could be used to |
| 72 | harass an innocent person based solely on that person's |
| 73 | exercised right to carry a concealed weapon or firearm. Further, |
| 74 | such information could be used and has been used to identify |
| 75 | individuals who have obtained a license to carry a concealed |
| 76 | weapon or firearm for the purpose of making the identity of the |
| 77 | applicant or licensee publicly available via traditional media |
| 78 | and the Internet. Once again, such public disclosure contradicts |
| 79 | the purpose of carrying a concealed weapon or firearm. |
| 80 | Therefore, the Legislature finds that the personal identifying |
| 81 | information of an individual who has applied for or received a |
| 82 | license to carry a concealed weapon or firearm pursuant to |
| 83 | chapter 790, Florida Statutes, must be held confidential and |
| 84 | exempt from public records requirements. |
| 85 | Section 3. This act shall take effect July 1, 2006. |