III v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF LICENSING (2019)

District Court of Appeal of Florida, First District.

J.J. III, Appellant, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Appellee.

No. 1D18-1736

Decided: August 05, 2019

J.J. III, pro se, Appellant. John A. Raymaker, General Counsel, and Leslie B. Fearington, Senior Attorney, Florida Department of Agriculture and Consumer Services, Tallahassee, for Appellee.

After issuing a concealed weapon license to the appellant in 2016, the Department of Agriculture and Consumer Services revoked the license a year later upon discovering that he had been convicted of writing a bad check, a felony, in 1979 when he was in his early twenties. The appellant now appeals the Final Order of revocation. Despite having a clean record for nearly four decades after his conviction, the appellant is statutorily ineligible to possess a firearm or hold a concealed weapon license in the state of Florida. §§ 790.06(2)(d), .06(10)(c), and .23(1), Fla. Stat. (2019). We are unable to accord appellant relief, his sole remedy being with the Office of Executive Clemency, which is empowered to restore an applicant's authority to own, possess, or use firearms.

Affirmed.

PER CURIAM.

Makar, Winokur, and M.K. Thomas, JJ., concur.

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