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Simpson takes office as Florida’s ag. commissioner, drops Fried’s concealed weapons lawsuit

Ag. Department, FDLE come to ‘a resolution’

Wilton Simpson (File) (News Service of Florida)

TALLAHASSEE, Fla. – After taking office this month, Agriculture Commissioner Wilton Simpson said Friday the Department of Agriculture and Consumer Services has dropped a lawsuit against the Florida Department of Law Enforcement in a dispute involving information about a concealed-weapons license applicant.

Former Agriculture Commissioner Nikki Fried filed the lawsuit in October against the law-enforcement agency to try to obtain information about why a woman was flagged as ineligible for a license.

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While the agriculture department issues concealed-weapons licenses, the law-enforcement agency conducts background checks. If background checks show applicants are ineligible for licenses, FDLE notifies the agriculture department.

The lawsuit came after the applicant, identified only by the initials M.S,. disputed the denial of a license and requested a hearing at the state Division of Administrative Hearings.

As part of the administrative case, the agriculture department sought additional information from FDLE about mental-health issues that would make M.S. ineligible. But FDLE declined to provide the additional information, which it said was protected from disclosure under a federal rule, Simpson said Friday he decided to dismiss the lawsuit “after agreeing to a resolution that meets the needs of both departments.”

A news release from the agriculture department did not provide details but said “FDLE, moving forward, will provide legally sufficient information during DOAH (Division of Administrative Hearings) hearings for individuals denied a concealed weapon license.”


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