HB 519 2024
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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
A bill to be entitled 1
An act relating to business transactions; amending s. 2
538.03, F.S.; revising the definition of the term 3
"automated kiosk"; defining the term "statewide 4
reporting system"; amending s. 538.04, F.S.; requiring 5
the Department of Law Enforcement to supply the 6
statewide reporting system to law enforcement agencies 7
by a specified date; requiring the Department of Law 8
Enforcement to contract with a private provider to 9
supply a statewide reporting system for a specified 10
purpose; providing requirements for the privat e 11
provider and the system; requiring secondhand dealers 12
to transmit their transactions electronically to the 13
statewide reporting system; authorizing sheriffs to 14
supply the necessary computer equipment to secondhand 15
dealers that do not have computer capabil ity; amending 16
s. 538.32, F.S.; requiring a seller to provide certain 17
government-issued identification before a precious 18
metals dealer may remit payment to the seller; 19
reordering and amending s. 539.001, F.S.; revising the 20
definition of the term "identifica tion"; defining the 21
term "statewide reporting system"; requiring the 22
department to contract with a private provider to 23
supply a statewide reporting system for a specified 24
purpose; providing requirements for the private 25
HB 519 2024
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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
provider and the system; requiring pa wn transactions 26
to be transmitted electronically using the statewide 27
reporting system; authorizing sheriffs to supply the 28
necessary computer equipment to pawnbrokers who do not 29
have computer capability; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Present paragraph (k) of subsection (1) of 34
section 538.03, Florida Statutes, is redesignated as paragraph 35
(l), a new paragraph (k) is added to that subsection, and 36
paragraph (c) of that subsection is amended, to read: 37
538.03 Definitions; applicability. — 38
(1) As used in this part, the term: 39
(c) "Automated kiosk" means an interactive device that is 40
permanently installed within a secure retail space and that has 41
the following technological functions : 42
1. Remotely monitored by a live representative during all 43
business operating hours; 44
2. Verification of a seller's identity by a United States 45
Government-issued photographic identification card or an 46
electronic image taken from a United States Governm ent-issued 47
photographic identification or other verifiable government -48
issued identification ; 49
3. Automated reading and recording of item serial numbers; 50
HB 519 2024
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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
4. Ability to compare item serial numbers against 51
databases of stolen items; 52
5. Secure storage of goods accepted by the kiosk; and 53
6. Capture and storage of images during the transaction. 54
(k) "Statewide reporting system" means software that the 55
Department of Law Enforcement shares with law enforcement 56
agencies in this state for all pawnbrokers, sec ondhand dealers, 57
and secondary metals recyclers in this state to use to report 58
transactions to law enforcement and for law enforcement agencies 59
to use for investigations. 60
(l) "Transaction" means any purchase, consignment, or 61
trade of secondhand goods by a secondhand dealer. 62
Section 2. Subsection (6) of section 538.04, Florida 63
Statutes, is amended to read: 64
538.04 Recordkeeping requirements; penalties. — 65
(6) On or before July 1, 2027, the Department of Law 66
Enforcement shall supply a statewide reporting system to law 67
enforcement agencies. The system shall be developed and 68
maintained pursuant to s. 790.335(5) through a department 69
contract with a third -party private provider that is exclusively 70
incorporated, owned, and operated in the United States and that 71
restricts access to such transaction information to appropriate 72
law enforcement agencies for legitimate law enforcement purposes 73
only. The system must have the ability to provide daily exports 74
of the transaction data, in compliance with s. 790.335, to the 75
HB 519 2024
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Department of Law Enforcement for use in law enforcement data -76
sharing systems. If the appropriate law enforcement official 77
supplies a secondhand dealer has the with appropriate software 78
and the secondhand dealer has computer capability, the 79
secondhand dealer must electronically transmit secondhand dealer 80
transactions required by this section to the statewide reporting 81
system such official. If a secondhand dealer does not have 82
computer capability, the sheriff having jurisdiction appropriate 83
law enforcement official may provide the secondhand dealer with 84
a computer and all equipment necessary to electronically 85
transmit secondhand dealer transactions using the statewide 86
reporting system. The sheriff retains appropriate law 87
enforcement official shall retain ownership of the computer, 88
unless otherwise agreed upon, and the secondhand dealer shall 89
maintain the computer in good working order, except for ordinary 90
wear. A secondhand dealer who transmits secondhand dealer 91
transactions electronically is not required to also deliver the 92
original or paper copies of the secondhand transaction forms to 93
the appropriate law enforcement official. However, such official 94
may, for purposes of a criminal investigation, request the 95
secondhand dealer to deliver the original transaction form that 96
was electronically transmitted. The secondhand dealer shall 97
deliver the form to the appropriate law enforcement official 98
within 24 hours after rece ipt of the request. 99
Section 3. Paragraph (b) of subsection (2) of section 100
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538.32, Florida Statutes, is amended to read: 101
538.32 Registration, transaction, and recordkeeping 102
requirements; penalties. — 103
(2) A mail-in secondhand precious metals dealer ma y not 104
remit payment to a seller unless the seller has provided the 105
following information: 106
(b) The seller's driver license number and issuing state 107
or other United States Government-issued identification number 108
or other verifiable government -issued identification. 109
Section 4. Subsection (2) of section 539.001, Florida 110
Statutes, is reordered and amended, and paragraph (b) of 111
subsection (9) of that section is amended, to read: 112
539.001 The Florida Pawnbroking Act. — 113
(2) DEFINITIONS.—As used in this sect ion, the term: 114
(a) "Agency" means the Department of Agriculture and 115
Consumer Services. 116
(c)(b) "Appropriate law enforcement official" means the 117
sheriff of the county in which a pawnshop is located or, in case 118
of a pawnshop located within a municipality, the police chief of 119
the municipality in which the pawnshop is located; however, any 120
sheriff or police chief may designate as the appropriate law 121
enforcement official for the county or municipality, as 122
applicable, any law enforcement officer working within the 123
county or municipality headed by that sheriff or police chief. 124
Nothing in this subsection limits the power and responsibilities 125
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of the sheriff. 126
(e)(c) "Claimant" means a person who claims that his or 127
her property was misappropriated. 128
(f)(d) "Conveying customer" means a person who delivers 129
property into the custody of a pawnbroker, either by pawn, sale, 130
consignment, or trade. 131
(h)(e) "Identification" means a United States Government-132
issued photographic identification or an electronic image taken 133
from a United States Government-issued photographic 134
identification or other verifiable government -issued 135
identification. 136
(i)(f) "Misappropriated" means stolen, embezzled, 137
converted, or otherwise wrongfully appropriated against the will 138
of the rightful owne r. 139
(j)(g) "Net worth" means total assets less total 140
liabilities. 141
(l)(h) "Pawn" means any advancement of funds on the 142
security of pledged goods on condition that the pledged goods 143
are left in the possession of the pawnbroker for the duration of 144
the pawn and may be redeemed by the pledgor on the terms and 145
conditions contained in this section. 146
(n)(i) "Pawnbroker" means any person who is engaged in the 147
business of making pawns; who makes a public display containing 148
the term "pawn," "pawnbroker," or "pawns hop" or any derivative 149
thereof; or who publicly displays a sign or symbol historically 150
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identified with pawns. A pawnbroker may also engage in the 151
business of purchasing goods which includes consignment and 152
trade. 153
(o)(j) "Pawnbroker transaction form" mean s the instrument 154
on which a pawnbroker records pawns and purchases as provided in 155
subsection (8). 156
(m)(k) "Pawn service charge" means a charge for 157
investigating the title, storage, and insuring of the security; 158
closing the transaction; making daily report s to appropriate law 159
enforcement officials; expenses and losses; and all other 160
services. 161
(p)(l) "Pawnshop" means the location at which a pawnbroker 162
conducts business. 163
(q)(m) "Permitted vendor" means a vendor who furnishes a 164
pawnbroker with an invoice specifying the vendor's name and 165
address, the date of the sale, a description of the items sold, 166
and the sales price, and who has an established place of 167
business, or, in the ca se of a secondhand dealer as defined in 168
s. 538.03, has represented in writing that such dealer has 169
complied with all applicable recordkeeping, reporting, and 170
retention requirements pertaining to goods sold or otherwise 171
delivered to a pawnbroker. 172
(r)(n) "Person" means an individual, partnership, 173
corporation, joint venture, trust, association, or other legal 174
entity. 175
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(s)(o) "Pledged goods" means tangible personal property 176
that is deposited with, or otherwise delivered into the 177
possession of a pawnbroker in connection with a pawn. "Pledged 178
goods" does not include titles or any other form of written 179
security in tangible property in lieu of actual physical 180
possession, including, but not limited to, choses in action, 181
securities, printed evidence of indebtedness , or certificates of 182
title and other instruments evidencing title to separate items 183
of property, including motor vehicles. For purposes of federal 184
and state bankruptcy laws, a pledgor's interest in his or her 185
pledged goods during the pendency of a pawn is a right of 186
redemption only. 187
(t)(p) "Pledgor" means an individual who delivers pledged 188
goods into the possession of a pawnbroker in connection with a 189
pawn. 190
(u)(q) "Purchase" means the transfer and delivery of 191
goods, by a person other than a permitted ve ndor, to a 192
pawnbroker by acquisition for value, consignment, or trade for 193
other goods. 194
(b)(r) "Amount financed" is used interchangeably to mean 195
the same as "amount of money advanced" or "principal amount". 196
(g)(s) "Default date" means that date upon whi ch the 197
pledgor's right of redemption expires and absolute right, title, 198
and interest in and to the pledged goods shall vest in and shall 199
be deemed conveyed to the pawnbroker by operation of law. 200
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(d)(t) "Beneficial owner" means a person who does not have 201
title to property but has rights in the property which are the 202
normal incident of owning the property. 203
(k)(u) "Operator" means a person who has charge of a 204
corporation or company and has control of its business, or of 205
its branch establishments, divisions, or departments, and who is 206
vested with a certain amount of discretion and independent 207
judgment. 208
(v) "Statewide reporting system" means software that the 209
Department of Law Enforcement shares with law enforcement 210
agencies in this state for all pawnbrokers, secondhand dealers, 211
and secondary metals recyclers in this state to use to report 212
transactions to law enfor cement and for law enforcement agencies 213
to use for investigations. 214
(9) RECORDKEEPING; REPORTING; HOLD PERIOD. — 215
(b)1. The Department of Law Enforcement shall supply a 216
statewide reporting system to law enforcement agencies. The 217
system shall be developed and maintained pursuant to s. 218
790.335(5) through a department contract with a third -party 219
private provider that is exclusively incorporated, owned, and 220
operated in the United States and that restricts access to such 221
transaction information to appropriate l aw enforcement agencies 222
for legitimate law enforcement purposes only. The system must 223
have the ability to provide daily exports of the transaction 224
data, in compliance with s. 790.335, to the Department of Law 225
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Enforcement for use in law enforcement data -sharing systems. 226
2. If a the appropriate law enforcement agency supplies 227
the appropriate software and the pawnbroker presently has the 228
computer capability ability, pawn transactions shall be 229
electronically transferred. If a pawnbroker does not presently 230
have the computer capability ability, the sheriff having 231
jurisdiction over the pawnshop location appropriate law 232
enforcement agency may provide the pawnbroker with a computer 233
and all necessary equipment for the purpose of electronically 234
transferring pawn tran sactions using the statewide reporting 235
system. The sheriff retains appropriate law enforcement agency 236
shall retain ownership of the computer, unless otherwise agreed 237
upon. The pawnbroker shall maintain the computer in good working 238
order, ordinary wear and tear excepted. In the event the 239
pawnbroker transfers pawn transactions electronically, the 240
pawnbroker is not required to also deliver to the appropriate 241
law enforcement official the original or copies of the 242
pawnbroker transaction forms. The appropriate la w enforcement 243
official may, for the purposes of a criminal investigation, 244
request that the pawnbroker produce an original of a transaction 245
form that has been electronically transferred. The pawnbroker 246
shall deliver this form to the appropriate law enforcem ent 247
official within 24 hours of the request. 248
Section 5. This act shall take effect July 1, 2024. 249