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Processing time after lifted suspension

5K views 13 replies 5 participants last post by  Anduril 
#1 ·
Hopefully someone will know the answer to this. I had to clear up a misreported adjudication which caused them to suspend processing of my application. The suspension was lifted and I was told my application goes back to the beginning of the queue and the 90 days starts over. Then I was told there is no time limit for the application to get processed after a lifted suspension. It’s been 4 months. Anyone know if the 90 day rule holds or they can sit on it indefinitely?
 
#2 ·
Not sure of the specific answer to your question but could be a case of the newly elected, ant-2A Commissioner of DOACS slow-rolling your application. Might be time to enlist the help of Florida Carry, including Eric Friday. If not already a member, I suggest you join but try sendsendins a PM to rvrctyranger, who can put you in touch with him. Alternatively, you can engage a good attorney experienced in Florida firearms law, specifically F.S. 790.06.
 
#3 ·
Thanks for the help. I have tried to get in touch with Florida Carry in the past with no luck and have PM rvrctyranger with no response, but I shall try again. Also sending the info to my state representative who is very 2A. I’m sure there slow walking it..8 months so far and 5 of it has been after the lift on the suspension.
 
#4 ·
I am not an attorney, but I can read English, and below is my interpretation of the law.

First the relevant statute, 790.06(6)(c):

(c) The Department of Agriculture and Consumer Services shall, within 90 days after the date of receipt of the items listed in subsection (5):
1. Issue the license; or
2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection (2) or subsection (3). If the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to chapter 120.
3. In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.​

So, according to 790.06(6)(c) DACS has 3 options total when processing an application:

1 - issue the license within 90 days
2 - deny the application within 90 days solely if the applicant is not qualified
3 - the 90 day time limitation may be suspended until receipt of final disposition or proof that any initial adverse information that appeared to be disqualifying is in fact not disqualifying

The law does not say that if there is a suspension of processing that the 90 day time limit is out the window and they have unlimited time. It says the 90 day time limit is suspended until "receipt of the final disposition or proof". If they are in receipt of such final disposition or proof, and if they have by their own admission lifted the suspension, then the clock is running again.

And it doesn't start over from zero either because that's not what "suspend" means. "Suspend" means if at day 42 they discover an apparent disqualifier the clock stops at 42 days until the issue is researched and a disposition is reached. A that point, assuming the outcome is in your favor, the application is no longer suspended and the clock starts counting again, starting at 42, which leaves them with 48 days left to do #1 or #2 (issue the license or deny the license for cause). If they find another issue they can suspend again while it is researched, but otherwise they only have 90 days total, plus the actual duration while the application is suspended.

If they do anything other than that then in my opinion they have violated the law and can be compelled in court to issue your damn permit. If they have a formal policy to the contrary then I would argue that they have a policy that violates F.S. 790.33(3) and the person or persons who made or enforced such regulation are financially liable and subject to removal from office by the governor.

Of course by the time you did any or all of that they may have simply issued the permit, but this is garbage and should not be tolerated. I'd sue them over it on the principle of the matter.
 
#5 ·
Thank you Brian for your response that’s makes perfect sense to me and is completely logical. It seems to me the change of guard in that department has something to do with it. I will follow up with them once again tomorrow and state the obvious since the suspension was lifted 5 months ago and there is nothing disqualifying.
 
#6 ·
If they insist they now have unlimited time I would ask them to provide a written copy of the policy or statute that says that. I think we all, and perhaps especially Florida Carry, might be interested if such a policy (likely violative of the law) exists.
 
#7 ·
My understanding is that the suspension (of application processing) is in effect ONLY while the potentially disqualifying arrest or charge is being researched -- and is lifted when that research confirms your eligibility. Since the suspension is lifted, the research must be in your favor and you are eligible.

I would call back and ask to speak with a supervisor.

Good luck!!! It sure seems like it shouldn't take much longer.
Here's hoping it's in todays mail.

BTW: You can't trust the online status message.
Mine kept saying "processing", or something like that, but I already had the license in-hand.
 
#9 ·
I too have been waiting after a suspended application. It took 87 days for them to suspend it after initial application turn in date (back around Nov. 2nd 2018). I called the day of and asked why, they told me it was for proof of probation completion from 2012. Got a notorized copy from the clerk of courts and faxed it within a week of the suspension (beginning of Feb. 2019), and the reason for probation was an adjudication withheld conviction which is well over the years past as listed on the official FL website (agriculture page). Verified 2 times over phone they received them, and they did (they had the exact number of pages I sent and everything on file). I've called and just get told "there is no time frame after a suspension for an approval". So here we sit - nothing in the mail ever and no answers minus "they will get to it when they get to it).
 
#11 ·
Maybe our legislature should affirmatively fix this nonsense with better language?
For example, a 90-day shot clock (pardon the pun) that is always running, and can be stopped only for as long as the outcome of a potentially disqualifying event remains uncertain.
Thereafter, the clock resumes automatically, with no loss of time accumulated.
 
#10 ·
Welcome to FCC from Palm Beach County, Czechy! :wave

Since this was your first post to FCC, now would be a really good time to also go back and post you're own Introduction thread to FCC so the members get to know you. You can do that by going to the Introduce Yourself section of The Front Office and start your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum, and will be more responsive in answering questions!

In case you weren't aware, you can stay current on pertinent Florida Statutes regarding use of force and firearms law by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher!

Finally, I would like to recommend you consider joining Florida Carry and join the effort to protect the rights of Floridians to keep and bear arms!

Again, welcome to FCC! :grin
 
#13 ·
Sorry I was just saying I was going through the same thing as him. Will say, just got mine issued. About 87 days (after the suspension started, on top of the 87 it took for them to start the suspension from day 1!). I was told there is a second 90 day limit after the suspension is in effect, and if my case says anything, it's true. So yeah, 170+ days for a CCW, but it was issued.
 
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