Florida Carry and DOACS meet to revise investigatory procedures, easing burden on applicants past and present!
Florida Carry is very pleased to announce the revision of the Department of Agriculture and Consumer Services Licensing Division (DOACS) procedures regarding the clearing of potential disqualifying information.
In recent months, we had received an increasing number of complaints from members who had been notified by DOACS that processing on their concealed carry license applications had been suspended pending receipt of documents showing closure of, in some cases, decades old arrests. Many of these records were no longer in existence as a result of a normal procedure for the purging of inactive official records, had occurred in other states, and/or were for offenses committed as a juvenile. For those applicants, this essentially barred them from ever getting a carry license in Florida. Obviously, this was untenable.
A meeting was arranged with DOACS in which we presented our concerns with the procedure. As it turns out, DOACS originally sent letters to the jurisdictions involved, and in the absence of any response or the receipt of proper case closure, would issue the license in accordance with statute. Faced with budget issues, the department changed their procedure several years ago and placed the burden of gathering documents on the applicant. Unchallenged, this went on until it was pointed out at the meeting that statute did not authorize DOACS to delegate that responsibility. As a result, DOACS has agreed to re-assume the task of requesting those documents necessary to ensure a license will be either issued or denied, and no more applications will indefinitely held in abeyance.
The new procedure is as follows:
Upon receipt of an application, DOACS will start the statutory maximum 90 day clock to either issue or deny the application. Should any unresolved potentially disqualifying issue(s) arise, DOACS will start a new 90 day clock, and send letters to both the applicant, informing him of the delay, and to the jurisdiction(s) where the issue(s) were originated. If in 90 days clearing documents are received, the license will be immediately issued. If documents are not received, the license will be issued at the end of the second 90-day period. In no case should an application be pending for more than 180 days. Additionally, DOACS has agreed to send letters to all applicants whose applications have been pending, some for years, advising them of the new procedure, and asking if they still wish their applications to be processed.
Florida Carry continues to work on behalf of all law-abiding Floridians, protecting and expanding their right to self-defense. If you are not a dues-paying member, please consider joining us today by clicking the "Join Us" link provided. It is only through your membership that we are able to accomplish gains like this one. Thank you and stay safe!
