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36 | Review Act in accordance with s. 119.15 and shall stand repealed |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