Here's Henry's letter to DOACS. It's telling that DOACS responded with a senior attorney who didn't want to swing at any of these softballs.
Here is the letter I am sending to DACS tomorrow. Approved by the Forum Administrator. The format might be a bit out of whack in this post but looks ok on paper.--------------------------------------------------------------------------------------------------------------------------------
April 23, 2009
Office of the General Counsel
Dept. of Agriculture and Consumer Services
Tallahassee, FL 32399-0800
RE: Interpretation of Dept. Regulations pertaining to Chapter 120, permitting standards and time frames
Dear Mr. Tritschler:
I am requesting an interpretation of the Chapter 120, Administrative Procedures Act as it pertains to permitting time frames and specifically default permits. I worked for the FL Dept. of Environmental Protection (DEP) for 18 years in which time I not only processed permits but supervised and managed permitting and compliance throughout my tenure with the Agency. As I am sure you are aware Chapter 120 pertains to all permits and licenses issued by the State of Florida regardless of which agency is authorized to issue such license or permit.
I am specifically interested in the permitting procedures as they pertain to Chapter 120 for “Concealed Weapons and Firearms License” (CWFL) processed by the Dept. of Agriculture and Consumer Services (DACS). I am a member of an online forum that caters to holders of Florida CWFL and anyone wanting to acquire a CWFL or interested in such. Our membership is nationwide and not necessarily limited to Florida residents. This forum is called the Florida Concealed Carry (FCC) and can be found on line at www.floridaconcealedcarry.com. I am preparing this letter with their approval and they have read and edited to maintain consistency with the forum rules, guidelines and philosophy.
A thread has been posted on the FCC website which expresses concerns from members about an individual who claims to have received a CWFL by default from DACS and is encouraging members of FCC and other forums of similar topic to exercise their right under Chapter 120 to a default CWFL. This individual claims to have notified DACS in writing that he is exercising his right to a default permit and is carrying without having a CWFL physically in his possession. You can see this thread and comments here http://floridaconcealedcarry.com/For...ead.php?t=2725
The forum Administrator and Moderators are diligent in giving their members the most correct information possible. FCC is not just a “club” we are a forum that makes it its mission to provide a means for our members to obtain information and participate in discussions to educate and support other members with problems, questions or in need of information. The last thing we want is for our members to be misinformed and find themselves in violation of the law in any way. We understand how serious the right to carry concealed is. We encourage all our members to act responsibly and in accordance with all State and Federal regulations.
I have tried to explain the process of obtaining a permit by default to the members in the thread. However, even though I am certain that the criteria for defaulting under Chapter 120 is the same no matter which permitting Agency is involved, we all feel that the members would be better served if we acquire an interpretation from DACS directly. For this reason I will ask specific questions that hopefully will lead us to the correct answers.
• Is the CWFL exempt from Chapter 120?
• Does the Agency have specific regulations pertaining to permits and permitting process in authorized Florida Administrative Codes (FAC) for DACS?
• Does the Agency have 30 days to request additional information in order to complete the application?
• Will the application remain incomplete until all information requested is received and the application noted as complete?
• Does the CWFL have to be issued 90 days from date of receipt of a complete application or date in which additional information is received making the application complete?
• Does Chapter 120 require written notification to the Agency that they are in default of the CWFL?
• Is the applicant allowed to carry a concealed weapon after notifying the agency without having received confirmation of the default by the Agency and without a CWFL physically in his possession?
• Will DACS issue a CWFL by default if the application package is not complete or missing information?
• Will DACS issue a CWFL by default if the applicant is not qualified to obtain a CWFL and the Agency would have denied issuance of the CWFL in the first place?
• Can you please explain the procedure to obtain a CWFL by default from DACS?
It is my hope that you and your staff will take the time to address this request and provide our members with authoritative and legally sound information. We are aware that budget and staffing constraints are putting a tremendous strain on permit processing for the Agency. It is in everyone’s interest to have a well educated regulated community that will follow the regulations and procedures for obtaining their permits and not be mislead by misinformation obtained though websites and online forums. The last thing the Agency needs at this time is an avalanche of requests for default CWFL without basis and Florida residents illegally carrying concealed because of erroneous information they received in a forum.
If you have any questions or need additional information please feel free to email me at firstname.lastname@example.org or call my cell phone (850) XXX-XXXX.
On behalf of Florida Conceal Carry