HB 0687CS

CHAMBER ACTION




1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public records; creating s. 790.0601,
7F.S.; creating an exemption from public records
8requirements for certain personal identifying information
9held by the Division of Licensing of the Department of
10Agriculture and Consumer Services; providing for
11retroactive application of the exemption; providing for
12disclosure of such information under specified conditions;
13providing that a commercial entity that releases
14confidential and exempt information to an entity other
15than a law enforcement agency or a federal homeland
16security agency shall be subject to a fine; providing for
17enforcement with respect to such fines; providing for
18deposit of such fines; providing for review and repeal;
19providing a statement of public necessity; providing an
20effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 790.0601, Florida Statutes, is created
25to read:
26     790.0601  Public records exemption for concealed weapons.--
27     (1)  Personal identifying information of an individual who
28has applied for or received a license to carry a concealed
29weapon or firearm pursuant to s. 790.06 held by the Division of
30Licensing of the Department of Agriculture and Consumer Services
31is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
32I of the State Constitution. This exemption applies to such
33information held by the division before, on, or after the
34effective date of this section.
35     (2)  Information made confidential and exempt by this
36section shall be disclosed:
37     (a)  With the express written consent of the applicant or
38licensee or his or her legally authorized representative.
39     (b)  By court order upon a showing of good cause.
40     (c)  Upon request by a law enforcement agency in connection
41with the performance of lawful duties, which shall include
42access to any automated database containing such information
43maintained by the Department of Agriculture and Consumer
44Services.
45     (d)1.  To a commercial entity, provided that the
46information will only be used to support law enforcement
47agencies or federal homeland security agencies in connection
48with the performance of their lawful duties.
49     2.  Any commercial entity that violates subparagraph 1. by
50releasing information made confidential and exempt by this
51section to an entity other than a law enforcement agency or a
52federal homeland security agency shall be subject to a fine of
53$5 million, enforceable by the Department of Legal Affairs of
54the Office of the Attorney General and payable in equal amounts
55to the Law Enforcement Trust Fund within the Department of
56Agriculture and Consumer Services and the Law Enforcement Trust
57Fund within the Department of Law Enforcement.
58     (3)  This section is subject to the Open Government Sunset
59Review Act in accordance with s. 119.15 and shall stand repealed
60on October 2, 2011, unless reviewed and saved from repeal
61through reenactment by the Legislature.
62     Section 2.  The Legislature finds that it is a public
63necessity that the personal identifying information of an
64individual who has applied for or received a license to carry a
65concealed weapon or firearm held by the Division of Licensing of
66the Department of Agriculture and Consumer Services be made
67confidential and exempt from public records requirements, with
68certain exceptions. The carrying of a concealed weapon in the
69state by members of the general public requires an individual to
70obtain a license from the Department of Agriculture and Consumer
71Services. The applicant for a license to carry a concealed
72weapon or firearm must state that he or she seeks a concealed
73weapon or firearms license as a means of lawful self-defense.
74The knowledge that someone has applied for or received a license
75to carry a concealed weapon or firearm can very easily lead to
76the conclusion that the applicant or licensee has in fact armed
77himself or herself. This knowledge defeats the purpose behind
78the authorization to carry a concealed weapon or firearm. If the
79applicant or licensee had intended for the general public to
80know he or she was carrying a weapon or firearm, he or she would
81have applied for a regular weapon or firearms permit rather than
82a license to carry a concealed weapon or firearm. The
83Legislature has found in prior legislative sessions and has
84expressed in s. 790.335(1)(a)3., Florida Statutes, that a record
85of legally owned firearms or law-abiding firearm owners is "an
86instrument that can be used as a means to profile innocent
87citizens and to harass and abuse American citizens based solely
88on their choice to own firearms and exercise their Second
89Amendment right to keep and bear arms as guaranteed under the
90United States Constitution." Release of personal identifying
91information of an individual who has applied for or received a
92license to carry a concealed weapon or firearm could be used to
93harass an innocent person based solely on that person's
94exercised right to carry a concealed weapon or firearm. Further,
95such information could be used and has been used to identify
96individuals who have obtained a license to carry a concealed
97weapon or firearm for the purpose of making the identity of the
98applicant or licensee publicly available via traditional media
99and the Internet. Once again, such public disclosure contradicts
100the purpose of carrying a concealed weapon or firearm.
101Therefore, the Legislature finds that the personal identifying
102information of an individual who has applied for or received a
103license to carry a concealed weapon or firearm pursuant to
104chapter 790, Florida Statutes, must be held confidential and
105exempt from public records requirements.
106     Section 3.  This act shall take effect July 1, 2006.


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