FL Non-Resident Questions

[Shepherd777]

Hello All -

I read the instructions many times, but I cannot understand Florida question 4.
"Do you qualify for the exemption from the public records law as provided by Section 119.071(4)(d), Florida Statues?

Is this for law officers only? I am not an LEO. Do I put Yes or No?

Also, the directions on the USACarry FL page say: "3. Get certified copies of court documents relating to any criminal charges against you"

Is this only for people with criminal records, or both for them and folks like me without a criminal record?

Thanks.

[Jim_Macklin]

Hello All -

I read the instructions many times, but I cannot understand Florida question 4.
"Do you qualify for the exemption from the public records law as provided by Section 119.071(4)(d), Florida Statues?

Is this for law officers only? I am not an LEO. Do I put Yes or No?

Also, the directions on the USACarry FL page say: "3. Get certified copies of court documents relating to any criminal charges against you"

Is this only for people with criminal records, or both for them and folks like me without a criminal record?

Thanks.

I am not an attorney, but here is what I read in plain English.
"(d)1. A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. For purposes of capital collateral litigation as set forth in s. 27.7001, the Attorney General's office is entitled to claim this exemption for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence."

Both of these apply to reports such as pretrial or sentencing evaluations, etc.

You answer NO to both questions if you have no criminal record, expungments or such.
If you are not under indictment or facing trial or arrest, there are no documents. If you were getting a divorce, that is a civil matter and they only ask about criminal. Hope this helps.

[Shepherd777]

That's plain English to you???

You must be fluent in gibberish, or have studied law in a previous life.

Thanks for your help.

[Jim_Macklin]

That's plain English to you???

You must be fluent in gibberish, or have studied law in a previous life.

Thanks for your help.

Yep, English, beginning about 60 years ago. Law, about 50 years ago.

The trick is to read back and forth, from the setup sentence to the next condition each part is clear.

Anyway, your answers are NO to both FL questions.

[Dewhitewolf]

That question pertains to the fact that all licenses (including FL concealed firearm licenses) are subject to public records. There was an exemption for active or retired LEO's, judges, and other public officials who worked in Florida. Therefore, it does not apply to you, so check "no." Checking "yes" may delay your license from getting issued.

A few years ago, a newspaper was actively publishing the names of people who applied for FL concealed licenses; the result was that some cases of stalkers were able to find out where their victims were currently living, and knew that they were armed (though this did not stop some stalkers from attacking, it only gave them an advance warning).

Since then, the Florida legislature banned the publishing of concealed carry licensees; instead, from what I have been told, anyone wishing to know if you have a concealed license must inquire in person to the Dept of Agriculture and Consumer Affairs (the agency that issues the licenses). They must also request your name specifically, not just ask for who has or has applied for a concealed license. So, your information is now generally safe from public dispersement.