Senate Bill sb1162

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    Florida Senate - 2006                                  SB 1162

    By Senators Haridopolos and Crist





    26-794A-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.0712, F.S.; providing an exemption from

  4         public-records requirements for information

  5         contained in records maintained by the Division

  6         of Licensing within the Department of

  7         Agriculture and Consumer Services concerning

  8         persons seeking a license to carry a concealed

  9         firearm or weapon; providing for exceptions to

10         the exemption; providing for future legislative

11         review and repeal; providing findings of public

12         necessity; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (3) is added to section

17  119.0712, Florida Statutes, to read:

18         119.0712  Executive branch agency-specific exemptions

19  from inspection or copying of public records.--

20         (3)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--

21         (a)  As used in this subsection, the term "personal

22  identifying information" means any name or number that may be

23  used, alone or in conjunction with any other information, to

24  identify a specific person, including any name, postal or

25  electronic mail address, telephone number, social security

26  number, date of birth, mother's maiden name, official

27  state-issued or United States-issued driver's license or

28  identification number, alien registration number, government

29  passport number, employer or taxpayer identification number,

30  Medicaid or food stamp account number, bank account number,

31  credit or debit card number, or personal identification number

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    Florida Senate - 2006                                  SB 1162
    26-794A-06




 1  or code assigned to the holder of a debit card by the issuer

 2  to permit authorized electronic use of such card, or any other

 3  number or information that can be used to identify the person.

 4         (b)  Any personal identifying information contained in

 5  records held by the Division of Licensing within the

 6  Department of Agriculture and Consumer Services concerning a

 7  person who has applied for or received a license to carry a

 8  concealed weapon or firearm under s. 790.06 are confidential

 9  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

10  Constitution, except as otherwise provided in this subsection.

11         (c)  Information made confidential and exempt by this

12  subsection shall be disclosed:

13         1.  With the express written consent of the applicant

14  or the applicant's legally authorized representative.

15         2.  Upon the written request of a law enforcement

16  agency in connection with an ongoing investigation.

17         3.  By court order upon a showing of good cause.

18         Section 2.  Section 119.0712(3), Florida Statutes, is

19  subject to the Open Government Sunset Review Act in accordance

20  with s. 119.15, Florida Statutes, and shall stand repealed on

21  October 2, 2011, unless reviewed and saved from repeal through

22  reenactment by the Legislature.

23         Section 3.  The Legislature finds that there is a

24  public necessity to exempt from public disclosure all personal

25  identifying information contained in records of the Division

26  of Licensing within the Department of Agriculture and Consumer

27  Services. The Legislature finds that it is good public policy

28  to provide safeguards to protect those persons who have

29  applied for or received a license to carry a concealed weapon

30  or firearm under chapter 790, Florida Statutes. The

31  Legislature further finds that the exemption for personal

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    Florida Senate - 2006                                  SB 1162
    26-794A-06




 1  identifying information is a public necessity in order to

 2  protect information that is of a sensitive personal nature.

 3  The private and confidential nature of personal identifying

 4  information means that its release contravenes a person's

 5  expectation of the right to privacy in all matters regarding

 6  his or her personal information.

 7         Section 4.  This act shall take effect October 1, 2006.

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10                          SENATE SUMMARY

11    Creates an exemption from public-records requirements for
      information in records maintained by the Division of
12    Licensing within the Department of Agriculture and
      Consumer Services filed by persons seeking a license to
13    carry a concealed firearm or weapon. Provides exceptions
      to the exemption. Provides for future legislative review
14    and repeal. Provides findings of public necessity.

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