FL
Florida House Bill H0519

Florida 2024 Regular Session

Florida House Bill H0519 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to business transactions; amending s. 2
1616 538.03, F.S.; revising the definition of the term 3
1717 "automated kiosk"; defining the term "statewide 4
1818 reporting system"; amending s. 538.04, F.S.; requiring 5
1919 the Department of Law Enforcement to supply the 6
2020 statewide reporting system to law enforcement agencies 7
2121 by a specified date; requiring the Department of Law 8
2222 Enforcement to contract with a private provider to 9
2323 supply a statewide reporting system for a specified 10
2424 purpose; providing requirements for the privat e 11
2525 provider and the system; requiring secondhand dealers 12
2626 to transmit their transactions electronically to the 13
2727 statewide reporting system; authorizing sheriffs to 14
2828 supply the necessary computer equipment to secondhand 15
2929 dealers that do not have computer capabil ity; amending 16
3030 s. 538.32, F.S.; requiring a seller to provide certain 17
3131 government-issued identification before a precious 18
3232 metals dealer may remit payment to the seller; 19
3333 reordering and amending s. 539.001, F.S.; revising the 20
3434 definition of the term "identifica tion"; defining the 21
3535 term "statewide reporting system"; requiring the 22
3636 department to contract with a private provider to 23
3737 supply a statewide reporting system for a specified 24
3838 purpose; providing requirements for the private 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 provider and the system; requiring pa wn transactions 26
5252 to be transmitted electronically using the statewide 27
5353 reporting system; authorizing sheriffs to supply the 28
5454 necessary computer equipment to pawnbrokers who do not 29
5555 have computer capability; providing an effective date. 30
5656 31
5757 Be It Enacted by the Legislature of the State of Florida: 32
5858 33
5959 Section 1. Present paragraph (k) of subsection (1) of 34
6060 section 538.03, Florida Statutes, is redesignated as paragraph 35
6161 (l), a new paragraph (k) is added to that subsection, and 36
6262 paragraph (c) of that subsection is amended, to read: 37
6363 538.03 Definitions; applicability. — 38
6464 (1) As used in this part, the term: 39
6565 (c) "Automated kiosk" means an interactive device that is 40
6666 permanently installed within a secure retail space and that has 41
6767 the following technological functions : 42
6868 1. Remotely monitored by a live representative during all 43
6969 business operating hours; 44
7070 2. Verification of a seller's identity by a United States 45
7171 Government-issued photographic identification card or an 46
7272 electronic image taken from a United States Governm ent-issued 47
7373 photographic identification or other verifiable government -48
7474 issued identification ; 49
7575 3. Automated reading and recording of item serial numbers; 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 4. Ability to compare item serial numbers against 51
8989 databases of stolen items; 52
9090 5. Secure storage of goods accepted by the kiosk; and 53
9191 6. Capture and storage of images during the transaction. 54
9292 (k) "Statewide reporting system" means software that the 55
9393 Department of Law Enforcement shares with law enforcement 56
9494 agencies in this state for all pawnbrokers, sec ondhand dealers, 57
9595 and secondary metals recyclers in this state to use to report 58
9696 transactions to law enforcement and for law enforcement agencies 59
9797 to use for investigations. 60
9898 (l) "Transaction" means any purchase, consignment, or 61
9999 trade of secondhand goods by a secondhand dealer. 62
100100 Section 2. Subsection (6) of section 538.04, Florida 63
101101 Statutes, is amended to read: 64
102102 538.04 Recordkeeping requirements; penalties. — 65
103103 (6) On or before July 1, 2027, the Department of Law 66
104104 Enforcement shall supply a statewide reporting system to law 67
105105 enforcement agencies. The system shall be developed and 68
106106 maintained pursuant to s. 790.335(5) through a department 69
107107 contract with a third -party private provider that is exclusively 70
108108 incorporated, owned, and operated in the United States and that 71
109109 restricts access to such transaction information to appropriate 72
110110 law enforcement agencies for legitimate law enforcement purposes 73
111111 only. The system must have the ability to provide daily exports 74
112112 of the transaction data, in compliance with s. 790.335, to the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 Department of Law Enforcement for use in law enforcement data -76
126126 sharing systems. If the appropriate law enforcement official 77
127127 supplies a secondhand dealer has the with appropriate software 78
128128 and the secondhand dealer has computer capability, the 79
129129 secondhand dealer must electronically transmit secondhand dealer 80
130130 transactions required by this section to the statewide reporting 81
131131 system such official. If a secondhand dealer does not have 82
132132 computer capability, the sheriff having jurisdiction appropriate 83
133133 law enforcement official may provide the secondhand dealer with 84
134134 a computer and all equipment necessary to electronically 85
135135 transmit secondhand dealer transactions using the statewide 86
136136 reporting system. The sheriff retains appropriate law 87
137137 enforcement official shall retain ownership of the computer, 88
138138 unless otherwise agreed upon, and the secondhand dealer shall 89
139139 maintain the computer in good working order, except for ordinary 90
140140 wear. A secondhand dealer who transmits secondhand dealer 91
141141 transactions electronically is not required to also deliver the 92
142142 original or paper copies of the secondhand transaction forms to 93
143143 the appropriate law enforcement official. However, such official 94
144144 may, for purposes of a criminal investigation, request the 95
145145 secondhand dealer to deliver the original transaction form that 96
146146 was electronically transmitted. The secondhand dealer shall 97
147147 deliver the form to the appropriate law enforcement official 98
148148 within 24 hours after rece ipt of the request. 99
149149 Section 3. Paragraph (b) of subsection (2) of section 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 538.32, Florida Statutes, is amended to read: 101
163163 538.32 Registration, transaction, and recordkeeping 102
164164 requirements; penalties. — 103
165165 (2) A mail-in secondhand precious metals dealer ma y not 104
166166 remit payment to a seller unless the seller has provided the 105
167167 following information: 106
168168 (b) The seller's driver license number and issuing state 107
169169 or other United States Government-issued identification number 108
170170 or other verifiable government -issued identification. 109
171171 Section 4. Subsection (2) of section 539.001, Florida 110
172172 Statutes, is reordered and amended, and paragraph (b) of 111
173173 subsection (9) of that section is amended, to read: 112
174174 539.001 The Florida Pawnbroking Act. — 113
175175 (2) DEFINITIONS.—As used in this sect ion, the term: 114
176176 (a) "Agency" means the Department of Agriculture and 115
177177 Consumer Services. 116
178178 (c)(b) "Appropriate law enforcement official" means the 117
179179 sheriff of the county in which a pawnshop is located or, in case 118
180180 of a pawnshop located within a municipality, the police chief of 119
181181 the municipality in which the pawnshop is located; however, any 120
182182 sheriff or police chief may designate as the appropriate law 121
183183 enforcement official for the county or municipality, as 122
184184 applicable, any law enforcement officer working within the 123
185185 county or municipality headed by that sheriff or police chief. 124
186186 Nothing in this subsection limits the power and responsibilities 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 of the sheriff. 126
200200 (e)(c) "Claimant" means a person who claims that his or 127
201201 her property was misappropriated. 128
202202 (f)(d) "Conveying customer" means a person who delivers 129
203203 property into the custody of a pawnbroker, either by pawn, sale, 130
204204 consignment, or trade. 131
205205 (h)(e) "Identification" means a United States Government-132
206206 issued photographic identification or an electronic image taken 133
207207 from a United States Government-issued photographic 134
208208 identification or other verifiable government -issued 135
209209 identification. 136
210210 (i)(f) "Misappropriated" means stolen, embezzled, 137
211211 converted, or otherwise wrongfully appropriated against the will 138
212212 of the rightful owne r. 139
213213 (j)(g) "Net worth" means total assets less total 140
214214 liabilities. 141
215215 (l)(h) "Pawn" means any advancement of funds on the 142
216216 security of pledged goods on condition that the pledged goods 143
217217 are left in the possession of the pawnbroker for the duration of 144
218218 the pawn and may be redeemed by the pledgor on the terms and 145
219219 conditions contained in this section. 146
220220 (n)(i) "Pawnbroker" means any person who is engaged in the 147
221221 business of making pawns; who makes a public display containing 148
222222 the term "pawn," "pawnbroker," or "pawns hop" or any derivative 149
223223 thereof; or who publicly displays a sign or symbol historically 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 identified with pawns. A pawnbroker may also engage in the 151
237237 business of purchasing goods which includes consignment and 152
238238 trade. 153
239239 (o)(j) "Pawnbroker transaction form" mean s the instrument 154
240240 on which a pawnbroker records pawns and purchases as provided in 155
241241 subsection (8). 156
242242 (m)(k) "Pawn service charge" means a charge for 157
243243 investigating the title, storage, and insuring of the security; 158
244244 closing the transaction; making daily report s to appropriate law 159
245245 enforcement officials; expenses and losses; and all other 160
246246 services. 161
247247 (p)(l) "Pawnshop" means the location at which a pawnbroker 162
248248 conducts business. 163
249249 (q)(m) "Permitted vendor" means a vendor who furnishes a 164
250250 pawnbroker with an invoice specifying the vendor's name and 165
251251 address, the date of the sale, a description of the items sold, 166
252252 and the sales price, and who has an established place of 167
253253 business, or, in the ca se of a secondhand dealer as defined in 168
254254 s. 538.03, has represented in writing that such dealer has 169
255255 complied with all applicable recordkeeping, reporting, and 170
256256 retention requirements pertaining to goods sold or otherwise 171
257257 delivered to a pawnbroker. 172
258258 (r)(n) "Person" means an individual, partnership, 173
259259 corporation, joint venture, trust, association, or other legal 174
260260 entity. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 (s)(o) "Pledged goods" means tangible personal property 176
274274 that is deposited with, or otherwise delivered into the 177
275275 possession of a pawnbroker in connection with a pawn. "Pledged 178
276276 goods" does not include titles or any other form of written 179
277277 security in tangible property in lieu of actual physical 180
278278 possession, including, but not limited to, choses in action, 181
279279 securities, printed evidence of indebtedness , or certificates of 182
280280 title and other instruments evidencing title to separate items 183
281281 of property, including motor vehicles. For purposes of federal 184
282282 and state bankruptcy laws, a pledgor's interest in his or her 185
283283 pledged goods during the pendency of a pawn is a right of 186
284284 redemption only. 187
285285 (t)(p) "Pledgor" means an individual who delivers pledged 188
286286 goods into the possession of a pawnbroker in connection with a 189
287287 pawn. 190
288288 (u)(q) "Purchase" means the transfer and delivery of 191
289289 goods, by a person other than a permitted ve ndor, to a 192
290290 pawnbroker by acquisition for value, consignment, or trade for 193
291291 other goods. 194
292292 (b)(r) "Amount financed" is used interchangeably to mean 195
293293 the same as "amount of money advanced" or "principal amount". 196
294294 (g)(s) "Default date" means that date upon whi ch the 197
295295 pledgor's right of redemption expires and absolute right, title, 198
296296 and interest in and to the pledged goods shall vest in and shall 199
297297 be deemed conveyed to the pawnbroker by operation of law. 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 (d)(t) "Beneficial owner" means a person who does not have 201
311311 title to property but has rights in the property which are the 202
312312 normal incident of owning the property. 203
313313 (k)(u) "Operator" means a person who has charge of a 204
314314 corporation or company and has control of its business, or of 205
315315 its branch establishments, divisions, or departments, and who is 206
316316 vested with a certain amount of discretion and independent 207
317317 judgment. 208
318318 (v) "Statewide reporting system" means software that the 209
319319 Department of Law Enforcement shares with law enforcement 210
320320 agencies in this state for all pawnbrokers, secondhand dealers, 211
321321 and secondary metals recyclers in this state to use to report 212
322322 transactions to law enfor cement and for law enforcement agencies 213
323323 to use for investigations. 214
324324 (9) RECORDKEEPING; REPORTING; HOLD PERIOD. — 215
325325 (b)1. The Department of Law Enforcement shall supply a 216
326326 statewide reporting system to law enforcement agencies. The 217
327327 system shall be developed and maintained pursuant to s. 218
328328 790.335(5) through a department contract with a third -party 219
329329 private provider that is exclusively incorporated, owned, and 220
330330 operated in the United States and that restricts access to such 221
331331 transaction information to appropriate l aw enforcement agencies 222
332332 for legitimate law enforcement purposes only. The system must 223
333333 have the ability to provide daily exports of the transaction 224
334334 data, in compliance with s. 790.335, to the Department of Law 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 Enforcement for use in law enforcement data -sharing systems. 226
348348 2. If a the appropriate law enforcement agency supplies 227
349349 the appropriate software and the pawnbroker presently has the 228
350350 computer capability ability, pawn transactions shall be 229
351351 electronically transferred. If a pawnbroker does not presently 230
352352 have the computer capability ability, the sheriff having 231
353353 jurisdiction over the pawnshop location appropriate law 232
354354 enforcement agency may provide the pawnbroker with a computer 233
355355 and all necessary equipment for the purpose of electronically 234
356356 transferring pawn tran sactions using the statewide reporting 235
357357 system. The sheriff retains appropriate law enforcement agency 236
358358 shall retain ownership of the computer, unless otherwise agreed 237
359359 upon. The pawnbroker shall maintain the computer in good working 238
360360 order, ordinary wear and tear excepted. In the event the 239
361361 pawnbroker transfers pawn transactions electronically, the 240
362362 pawnbroker is not required to also deliver to the appropriate 241
363363 law enforcement official the original or copies of the 242
364364 pawnbroker transaction forms. The appropriate la w enforcement 243
365365 official may, for the purposes of a criminal investigation, 244
366366 request that the pawnbroker produce an original of a transaction 245
367367 form that has been electronically transferred. The pawnbroker 246
368368 shall deliver this form to the appropriate law enforcem ent 247
369369 official within 24 hours of the request. 248
370370 Section 5. This act shall take effect July 1, 2024. 249