Florida Senate - 2014                                     SB 546
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00435A-14                                           2014546__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         790.0601, F.S.; creating an exemption from public
    4         records requirements for certain personal identifying
    5         information held by the tax collector when an
    6         individual applies for a license to carry a concealed
    7         weapon or firearm pursuant to s. 790.06, F.S.;
    8         providing for retroactive application of the
    9         exemption; providing for disclosure of such
   10         information under specified conditions; providing for
   11         review and repeal of the exemption; providing a
   12         statement of public necessity; providing a conditional
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 790.0601, Florida Statutes, is amended
   18  to read:
   19         790.0601 Public records exemption for concealed weapons.—
   20         (1) Personal identifying information of an individual who
   21  has applied for or received a license to carry a concealed
   22  weapon or firearm pursuant to s. 790.06 held by the Division of
   23  Licensing of the Department of Agriculture and Consumer Services
   24  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   25  I of the State Constitution. This exemption applies to such
   26  information held by the division before, on, or after the
   27  effective date of this section.
   28         (2)Personal identifying information of an individual who
   29  has applied for a license to carry a concealed weapon or firearm
   30  pursuant to s. 790.0625 which is held by a tax collector
   31  appointed by the Department of Agriculture and Consumer Services
   32  to receive applications and fees is confidential and exempt from
   33  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   34  This exemption applies to such information held by the tax
   35  collector before, on, or after the effective date of this
   36  section.
   37         (3)(2) Information made confidential and exempt by this
   38  section shall be disclosed:
   39         (a) With the express written consent of the applicant or
   40  licensee or his or her legally authorized representative.
   41         (b) By court order upon a showing of good cause.
   42         (c) Upon request by a law enforcement agency in connection
   43  with the performance of lawful duties, which shall include
   44  access to any automated database containing such information
   45  maintained by the Department of Agriculture and Consumer
   46  Services.
   47         (4) Subsection (2) is subject to the Open Government Sunset
   48  Review Act in accordance with s. 119.15 and shall stand repealed
   49  on October 2, 2019, unless reviewed and saved from repeal
   50  through reenactment by the Legislature.
   51         Section 2. (1) The Legislature finds that, with certain
   52  exceptions, it is a public necessity that personal identifying
   53  information of an individual who has applied for a license to
   54  carry a concealed weapon or firearm which is held by a tax
   55  collector be made confidential and exempt from public records
   56  requirements. The carrying of a concealed weapon or firearm in
   57  this state by members of the general public requires an
   58  individual to file an application containing personal
   59  identifying information. The Legislature has made the Department
   60  of Agriculture and Consumer Services the responsible agency for
   61  collecting this information and issuing the concealed weapon or
   62  firearm license. The collected information must include a
   63  statement from the applicant that he or she seeks a concealed
   64  weapon or firearm license as a means of lawful self-defense.
   65         (2) There has been substantial demand for the concealed
   66  weapon or firearm license. The availability of additional
   67  licensure locations would benefit individuals who require self
   68  protection.
   69         (3) The potential addition of licensure locations raises
   70  issues of confidentiality. The knowledge that an individual has
   71  applied for a license to carry a concealed weapon or firearm may
   72  logically lead to the conclusion that he or she is carrying a
   73  concealed weapon or firearm. This defeats the purpose of
   74  carrying a concealed weapon or firearm. The Legislature has
   75  found in past legislative sessions and has expressed in s.
   76  790.335(1)(a)3., Florida Statutes, that a record of legally
   77  owned firearms or law-abiding firearm owners is “an instrument
   78  that can be used as a means to profile innocent citizens and to
   79  harass and abuse American citizens based solely on their choice
   80  to own firearms and exercise their Second Amendment right to
   81  keep and bear arms as guaranteed under the United States
   82  Constitution.” Release of personal identifying information of an
   83  individual who has applied for a license to carry a concealed
   84  weapon or firearm could be used to harass an innocent individual
   85  based solely on his or her exercised right to carry a concealed
   86  weapon or firearm. Therefore, the Legislature finds that the
   87  personal identifying information of an individual who has
   88  applied for a license to carry a concealed weapon or firearm
   89  pursuant to chapter 790, Florida Statutes, must be held
   90  confidential and exempt from public records requirements.
   91         Section 3. This act shall take effect on the same date that
   92  SB ____ or similar legislation takes effect, if such legislation
   93  is adopted in the same legislative session or an extension
   94  thereof and becomes a law.