Florida CC App question.
I have a question regarding a question on the Florida CCL application. Number 4a asks:
Do you qualify for an exemption from the public records law as provided by section 119.071(4)(d), Florida statutes?
If yes, do you wish to have this information kept confidential?
I read thru the book and really don't understand what this question is asking me. Any help would be appreciated.
From what I can tell, it looks like an exemption for certain types of info, ie your address confidential/exempt from being available to the public. It appears that this is done for individuals who might have people that have it out for them such as judges, prison officials etc. Read the statue, it lists all those who are exempt and you will know whether you should say yes or no.
I've read thru it many times, I'm still not understanding it. I was hoping someone who does understand it can summarize it for me. I have a hard time understanding legalese.
I answered no. I was told by a Broward Sheriff that this was limited to special cases and can delay the process.
When filling out my app, my CCW instructor said to check 'no' unless you knew that you were exempt, and that everyone who was exempt would already know that they were exempt.
Unless you are/have been a judge, prosecuting attorney, state attorney, LEO, juvenile detention officer, probation officer, corrections officer, firefighter, social services worker dealing with problem children/families/rehab patients, court appointed guardian - basically worked for the government dealing with problem people - check "no".
When I took my class I was told it's best to check NO unless you have the PW to provide them proof you are eligible. Although anyone can answer yes, it just makes the app process take more time and you may get a request for more information from Dept of Ag
I checked "no".
Besides Florida law prohibits anyone even the LEOs from keeping a list of CCW holders.
I called FL when applying, and she told me that they added a new provision that made ALL exempt from public records, and that if I wished to be exempt, then check yes, if not, check no. But you qualify to stay out of public records, it's just a choice.
790.0601 Public records exemption for concealed weapons.--
(1) 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 held by the Division of Licensing of the Department of Agriculture and Consumer Services is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such information held by the division before, on, or after the effective date of this section.
(2) Information made confidential and exempt by this section shall be disclosed:
(a) With the express written consent of the applicant or licensee or his or her legally authorized representative.
(b) By court order upon a showing of good cause.
(c) Upon request by a law enforcement agency in connection with the performance of lawful duties, which shall include access to any automated database containing such information maintained by the Department of Agriculture and Consumer Services.
(3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeal through reenactment by the Legislature.
History.--s. 1, ch. 2006-102.