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The Florida Senate

HB 7161 — OGSR/Concealed Weapons or Firearms

by Government Operations Subcommittee and Rep. Patronis (SB 604 by Criminal Justice Committee)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

Current law provides that personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm pursuant to s. 790.06, F.S., held by the Division of Licensing of the Department of Agriculture and Consumer Services, is confidential and exempt from s. 119.071(1), F.S., and s. 24(a), Art. I of the State Constitution.  

There is no other governmental agency that collects this particular information from applicants, and it cannot be obtained by the public from another source. The information is not protected by another exemption, nor do multiple exemptions for the same type of information exist.

An applicant for such license must submit to the department a completed application, a nonrefundable license fee, a full set of fingerprints, a photocopy of a certificate or an affidavit attesting to the applicant’s completion of a firearms course, and a full frontal view color photographof the applicant. The application must include:

  • The name, address, place and date of birth, race, and occupation of the applicant;
  • A statement that the applicant is in compliance with licensure requirements;
  • A statement that the applicant has been furnished with a copy of ch. 790, F.S., relating to weapons and firearms and is knowledgeable of its provisions;
  • A warning that the application is executed under oath with penalties for falsifying or substituting false documents; and,
  • A statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense.

The exemption applies to such information held by the division before, on, or after the effective date of the exemption. Such information may be released only:

  • With the express written consent of the applicant or licensee or his or her legally authorized representative;
  • By court order upon a showing of good cause; or
  • Upon request by a law enforcement agency in connection with the performance of lawful duties, which includes access to any automated database containing such information maintained by the Department of Agriculture and Consumer Services.

Pursuant to the Open Government Sunset Review Act, the exemption will repeal on October 2, 2011, unless reenacted by the Legislature.  This bill reenacts the public records exemption in s. 790.0601, F.S. 

If approved by the Governor, these provisions take effect October 1, 2011.
Vote:  Senate 36-2; House 98-12