[smoking357]

Nowhere in 120.60 or 790.06 does it state that firearms permits are exempt from the default provisions of 120.60. 120.60 explicitly grants state agencies no more than 90 days to approve or deny an application. The state should get out of the licensing business and give us Vermont carry, so we can dispense with these silly permits and the bloated and inefficient accompanying bureaucracy.

Since we don't have Vermont carry, and the State is limiting my rights, I'm going to hold them to the letter of the law. On the 91st day following the receipt of my application, I will be sending the following letter.

I can't stop you if you use it for yourself.

VIA FACSIMILE (850) 922-4936 AND U.S. MAIL

Date


Agency Clerk
Florida Department of Agriculture and Consumer Services
The Capitol
Tallahassee, FL 32399-0800

Re: Firearm Permit Application of Name


Agency Clerk:

1. This notification is made pursuant to Fla. Stat. § 120.60(1).
2. On Date, Name's application for a concealed carry firearm permit was received by the Florida Department of Agriculture and Consumer Services ("DOACS "). DOACS did not request any further information within 30 days of receipt of the application, nor did DOACS approve or deny the application within 90 days of Date, as required by Fla. Stat. § 120.60.
3. The application is thus deemed approved as of Date [90 days from receipt], and Name will immediately begin relying upon DOACS' default approval in exercising all abilities and permissions afforded by the license.



Sincerely,



Name

 

[smoking357]

4. Please update your records to reflect that this license has been approved.

 

[airhead]

Be sure to show that letter to an officer that asks if you've got a permit for that weapon you're carrying....
:rolf

***

Mine was done within 90 days of check cashed... They've just hired a bunch of new workers (I don't know if any of them are acually 'help'). I'm very happy that the have done this as it shows they intend to comply with their mandated 90 days.

It beats other states that are doing their best to stop citizens from legally carrying.

(and knowing gummit employees and restraunt workers, I would say anything to upset them til after the goods were delivered - sounds like a nice way to get your application 'lost' or 'misplaced' or simply 'randomly pulled for further investigation.'

 

[Glock23-4-Me]

Remember that the state has 90 days to approve or deny your application from the time that the application is entered in their system. Because of the tens of thousands of applications that are backlogged, this may take a while. But I am not aware of anyone who has not received their license or denial with in 90 days the application is entered in their system. The state is trying to get them done faster and has hired an additional 61 tems at a cost of around 3 million dollars to help process them. Please be patient and you will get yours.

 

[smoking357]

Remember that the state has 90 days to approve or deny your application from the time that the application is entered in their system.

This is incorrect. A state agency has 90 days from the date the application is complete. An application is presumed complete upon initial submission unless an agency makes a request within 30 days of application for supplemental or explanatory material.

 

[Rvrctyrngr]

Nowhere in 120.60 or 790.06 does it state that firearms permits are exempt from the default provisions of 120.60. 120.60 explicitly grants state agencies no more than 90 days to approve or deny an application. The state should get out of the licensing business and give us Vermont carry, so we can dispense with these silly permits and the bloated and inefficient accompanying bureaucracy.

Since we don't have Vermont carry, and the State is limiting my rights, I'm going to hold them to the letter of the law. On the 91st day following the receipt of my application, I will be sending the following letter.

I can't stop you if you use it for yourself.

VIA FACSIMILE (850) 922-4936 AND U.S. MAIL

Date


Agency Clerk
Florida Department of Agriculture and Consumer Services
The Capitol
Tallahassee, FL 32399-0800

Re: Firearm Permit Application of Name


Agency Clerk:

1. This notification is made pursuant to Fla. Stat. § 120.60(1).
2. On Date, Name's application for a concealed carry firearm permit was received by the Florida Department of Agriculture and Consumer Services ("DOACS "). DOACS did not request any further information within 30 days of receipt of the application, nor did DOACS approve or deny the application within 90 days of Date, as required by Fla. Stat. § 120.60.
3. The application is thus deemed approved as of Date [90 days from receipt], and Name will immediately begin relying upon DOACS' default approval in exercising all abilities and permissions afforded by the license.



Sincerely,



Name

Let us know how that works out for ya.

 

[Glock23-4-Me]

This is incorrect. A state agency has 90 days from the date the application is complete. An application is presumed complete upon initial submission unless an agency makes a request within 30 days of application for supplemental or explanatory material.

YOU SAY TOMATO, I SAY TOMA..... WHATEVER

Like airhead said "Be sure to show that letter to an officer that asks if you've got a permit for that weapon you're carrying"

 

[smoking357]

YOU SAY TOMATO, I SAY TOMA..... WHATEVER

Like airhead said "Be sure to show that letter to an officer that asks if you've got a permit for that weapon you're carrying"

Man, what hostility at citizen's rights and governmental accountability.

Liberals and CCW holders agree that default approval of CCW permits should not be honored.

 

[Glock23-4-Me]

Man, what hostility at citizen's rights and governmental accountability.

Liberals and CCW holders agree that default approval of CCW permits should not be honored.

No one is being hostile towards you. Everyone here has waited or is waiting for their license. No one can stop you from writing any letters you want :drinks.

What do you think you will accomplish with that. Do you think you can use it in place of a license? Do you think you will get anything positive from it? I know that LOTS of people are waiting for their license but when the state has to stop what they are doing to correspond with people about their license status, it only makes things slower.

Again you can do what you want and again, for the record, I am not being hostile. I have my license

 

[airhead]

Not hostile. Just realistic.

You cannot tell an officer "Yea, I sent it in 90 days ago so I'm good to carry."

The cube dwellers up in the DoA can only do so many apps a day.

They've hired more cube dwellers.

If I was in your shoes, I would not piss them off (can I say that here?) upset them. Great way to find yourself getting moved to the bottom of the stack - or asked for more info every 30 days... They have a sense of humor too.

My 90 days was more like 150. But I got a card in the mail. OK if your life is that bad that the extra 60 days will make a difference - I'd move. (you can legally carry in your car - securely encased - without a licence.)

***

Just curious, but are you from Vermont? (You mentioned VT carry law).

 

[smoking357]

Not hostile. Just realistic.

You cannot tell an officer "Yea, I sent it in 90 days ago so I'm good to carry."

Wow. Did you not read the law? This is exactly what you can do.

It's already bad enough they stole $150 from me so I can have permission to exercise my "rights." I'm not going to give them forever to keep me from my Liberty.

 

[smoking357]

OK if your life is that bad that the extra 60 days will make a difference - I'd move.

On what day are you going to need your gun on you? Which days can you be ordered not to carry?

Do you people not understand the very idea of carrying?

Come on, people. Statements like that destroy the whole idea of RKBA.

 

[smoking357]

No one is being hostile towards you. Everyone here has waited or is waiting for their license. No one can stop you from writing any letters you want :drinks.

What do you think you will accomplish with that. Do you think you can use it in place of a license?

Duh. Read the : censored law.

 

[deadeyedick]

I understand the need for government accountability, but we gun owners need to pick our battles wisely. If it appeared that these delays in procesing CWFL applications were intentional and politically-motivated, I can assure you legal action would have been swiftly brought against the State of Florida by the NRA. It's simply a matter of the DoA not having anticipated the need to process the number of applications it has received.

As a practical matter, you personally can't compel the state to perform any specific task within any specified time period...your only remedy is to sue the state and have a judge order to the state to issue your license. Good luck with that. But even if you were successful, at what cost? After spending thousands of dollars and months of delays, you likely wouldn't be able to recover your legal expenses from the state, nor could you sue for monetary damages because you'd have none. All you'd get is your CWFL.

 

[OrlandoDriver]

Smoking

One thing i will say here we do treat each other with respect and these types of responses will not be tolerated. I did edit the language.
I see ron got to it too.

 

[FLRon]

Smoking357, welcome to the forum. OK, now you have been welcomed officially perhaps you might like to just take a deep breath, relax and tone down your belligerent, strident attitude.

We are also a family friendly forum, so we ask that you do not curse, or use curse words with letters removed, but still curse words to express your thoughts.

When you are meeting people for the first time, it's good form to take a more friendly tone before you get your hackles up. That is if you intend to stay and be welcomed of course.

 

[Glock23-4-Me]

Wow. Did you not read the law? This is exactly what you can do.

It's already bad enough they stole $150 from me so I can have permission to exercise my "rights." I'm not going to give them forever to keep me from my Liberty.

Where does it state you can do this in the statute listed below?? In fact it kind of states that just sending your letter is not sufficent. I dont see that it says you can carry a piece of paper around after 90 days


120.60 Licensing.-- (1) Upon receipt of an application for a license, an agency shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissions and request any additional information the agency is permitted by law to require. An agency shall not deny a license for failure to correct an error or omission or to supply additional information unless the agency timely notified the applicant within this 30-day period. An application shall be considered complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. Every application for a license shall be approved or denied within 90 days after receipt of a completed application unless a shorter period of time for agency action is provided by law. The 90-day time period shall be tolled by the initiation of a proceeding under ss. 120.569 and 120.57. Any application for a license that is not approved or denied within the 90-day or shorter time period, within 15 days after conclusion of a public hearing held on the application, or within 45 days after a recommended order is submitted to the agency and the parties, whichever action and timeframe is latest and applicable, is considered approved unless the recommended order recommends that the agency deny the license. Subject to the satisfactory completion of an examination if required as a prerequisite to licensure, any license that is considered approved shall be issued and may include such reasonable conditions as are authorized by law. Any applicant for licensure seeking to claim licensure by default under this subsection shall notify the agency clerk of the licensing agency, in writing, of the intent to rely upon the default license provision of this subsection, and shall not take any action based upon the default license until after receipt of such notice by the agency clerk.

 

[airhead]

Wow. Did you not read the law? This is exactly what you can do.

It's already bad enough they stole $150 from me so I can have permission to exercise my "rights." I'm not going to give them forever to keep me from my Liberty.

It says they have 90 days to approve or deny. If you push, the answer is simple "Denied".

I deal with contracts all day long the other part of the law you are talking about is not there. The 'or what?' part. If they do not approve or deny in 90 days does not make for automatic acceptance. In fact, it would tend to be read as the other way around.

Duh. Read the : censored law.

Try it yourself. Does it say "Failure on the part of the DOA to issue within said 90 days constitutes implied acceptance." ?? No...

Oh, and just for fun. Mentioning how they "do it up North" never helps.


Ok, I'll rephrase my smart-butt comment earlier. If you wanted it 60 days sooner, you should have applied 60 days sooner.

Seriously, I know that dealing with any gummit agency can be tedious. But as I and others have said, it is not that they are singling you or any of us out. They are simply understaffed for the current demand. Much like Wal-Mart ammo.

 

[Glock23-4-Me]

Smoking357, welcome to the forum. OK, now you have been welcomed officially perhaps you might like to just take a deep breath, relax and tone down your belligerent, strident attitude.

We are also a family friendly forum, so we ask that you do not curse, or use curse words with letters removed, but still curse words to express your thoughts.

When you are meeting people for the first time, it's good form to take a more friendly tone before you get your hackles up. That is if you intend to stay and be welcomed of course.

+1 flron

It seems like he came on here just to bash everything everyone on here has to say. There is nothing wrong with a "friendly" disagreement and exchange of view points but he has posted several comments that seem to imply we are all idiots. Glad you spoke up :thumsup

 

[smoking357]

As a practical matter, you personally can't compel the state to perform any specific task within any specified time period...your only remedy is to sue the state and have a judge order to the state to issue your license.

This is outright and completely wrong.

You don't have to bring mandamus on a 120.60 application.