HB 687

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36Review Act in accordance with s. 119.15 and shall stand repealed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


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