FL
Florida House Bill H0139

Florida 2025 Regular Session

Florida House Bill H0139 Compare Versions

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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 pawnbroker transaction forms; 2
1616 amending s. 539.001, F.S.; authorizing pawnbroker 3
1717 transaction forms to be in digital or printed formats; 4
1818 providing an effective date. 5
1919 6
2020 Be It Enacted by the Legislature of the State of Florida: 7
2121 8
2222 Section 1. Paragraphs (a) and (b) of subsection (8) and 9
2323 paragraphs (a) and (b) of subsection (9) of section 539.001, 10
2424 Florida Statutes, are amended to read: 11
2525 539.001 The Florida Pawnbroking Act. — 12
2626 (8) PAWNBROKER TRANSACTION FORM. — 13
2727 (a) At the time the pawnbroker enters into any pawn or 14
2828 purchase transaction, the pawnbroker shall complete a pawnbroker 15
2929 transaction form for such transaction, including an indicatio n 16
3030 of whether the transaction is a pawn or a purchase, and the 17
3131 pledgor or seller shall sign such completed form. The agency 18
3232 must approve the design and format of the pawnbroker transaction 19
3333 form, which must be 8 1/2 inches x 11 inches in size for printed 20
3434 forms and be in a font size of at least 12 points for digital 21
3535 forms and elicit the information required under this section in 22
36-a digital or printed format. The pawnbroker may use either 23
37-format of the pawnbroker transaction form . In completing the 24
38-pawnbroker transaction form, the pawnbroker shall record the 25
36+a digital or printed format . In completing the pawnbroker 23
37+transaction form, the pawnbroker shall record the following 24
38+information, which must be typed or written indelibly and 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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51-following information, which must be typed or written indelibly 26
52-and legibly in English. 27
53- (b) The front of a printed the pawnbroker transaction form 28
54-and the first page of a digital form must include: 29
55- 1. The name and address of the pawnshop. 30
56- 2. A complete and accurate description of the pledged 31
57-goods or purchased goods, including the following information, 32
58-if applicable: 33
59- a. Brand name. 34
60- b. Model number. 35
61- c. Manufacturer's serial number. 36
62- d. Size. 37
63- e. Color, as apparent to the untrained eye. 38
64- f. Precious metal type, weight, and content, if known. 39
65- g. Gemstone description, including the number of stones. 40
66- h. In the case of firearms, the type of action, caliber or 41
67-gauge, number of barrels, barrel length, and finish. 42
68- i. Any other unique identifying marks, numbers, names, or 43
69-letters. 44
70- 45
71-Notwithstanding sub-subparagraphs a.-i., in the case of multiple 46
72-items of a similar nature delivered together in one transaction 47
73-which do not bear serial or model num bers and which do not 48
74-include precious metal or gemstones, such as musical or video 49
75-recordings, books, and hand tools, the description of the items 50
51+legibly in English. 26
52+ (b) The front of a printed the pawnbroker transaction form 27
53+and the first page of a digital form must include: 28
54+ 1. The name and address of the pawnshop. 29
55+ 2. A complete and accurate descripti on of the pledged 30
56+goods or purchased goods, including the following information, 31
57+if applicable: 32
58+ a. Brand name. 33
59+ b. Model number. 34
60+ c. Manufacturer's serial number. 35
61+ d. Size. 36
62+ e. Color, as apparent to the untrained eye. 37
63+ f. Precious metal type, weight , and content, if known. 38
64+ g. Gemstone description, including the number of stones. 39
65+ h. In the case of firearms, the type of action, caliber or 40
66+gauge, number of barrels, barrel length, and finish. 41
67+ i. Any other unique identifying marks, numbers, names, or 42
68+letters. 43
69+ 44
70+Notwithstanding sub-subparagraphs a.-i., in the case of multiple 45
71+items of a similar nature delivered together in one transaction 46
72+which do not bear serial or model numbers and which do not 47
73+include precious metal or gemstones, such as musical or video 48
74+recordings, books, and hand tools, the description of the items 49
75+is adequate if it contains the quantity of items and a 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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88-is adequate if it contains the quantity of items and a 51
89-description of the type of items delivered. 52
90- 3. The name, address, home telephone number, place of 53
91-employment, date of birth, physical description, and right 54
92-thumbprint of the pledgor or seller. 55
93- 4. The date and time of the transaction. 56
94- 5. The type of identification accepted from the pledgor or 57
95-seller, including the issuing agency and the identification 58
96-number. 59
97- 6. In the case of a pawn: 60
98- a. The amount of money advanced, which must be designated 61
99-as the amount financed; 62
100- b. The maturity date of the pawn, which must be 30 days 63
101-after the date of the pawn; 64
102- c. The default date of the pawn and the amount due on the 65
103-default date; 66
104- d. The total pawn service charge payable on the maturity 67
105-date, which must be designated as the finance charge; 68
106- e. The amount financed plus the finance charge that must 69
107-be paid to redeem the pledged goods on the maturity date, which 70
108-must be designated as the total of payments; 71
109- f. The annual percentage rate, computed according to the 72
110-regulations adopted by the Federal Reserve Board under the 73
111-federal Truth in Lending Act; and 74
112- g. The front or back of a printed the pawnbroker 75
88+description of the type of items delivered. 51
89+ 3. The name, address, home telephone number, place of 52
90+employment, date of birth, phy sical description, and right 53
91+thumbprint of the pledgor or seller. 54
92+ 4. The date and time of the transaction. 55
93+ 5. The type of identification accepted from the pledgor or 56
94+seller, including the issuing agency and the identification 57
95+number. 58
96+ 6. In the case of a pawn: 59
97+ a. The amount of money advanced, which must be designated 60
98+as the amount financed; 61
99+ b. The maturity date of the pawn, which must be 30 days 62
100+after the date of the pawn; 63
101+ c. The default date of the pawn and the amount due on the 64
102+default date; 65
103+ d. The total pawn service charge payable on the maturity 66
104+date, which must be designated as the finance charge; 67
105+ e. The amount financed plus the finance charge that must 68
106+be paid to redeem the pledged goods on the maturity date, which 69
107+must be designated as the total of payments; 70
108+ f. The annual percentage rate, computed according to the 71
109+regulations adopted by the Federal Reserve Board under the 72
110+federal Truth in Lending Act; and 73
111+ g. The front or back of a printed the pawnbroker 74
112+transaction form and the first or second page of a digital 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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125-transaction form and the first or second page of a digital 76
126-pawnbroker transaction form must include a statement that: 77
127- (I) Any personal property pledged to a pawnbroker within 78
128-this state which is not redeemed within 30 days following the 79
129-maturity date of the pawn, if the 30th day is not a business 80
130-day, then the following business day, is automatically forfeited 81
131-to the pawnbroker, and absolute right, title, and interest in 82
132-and to the property vests in and is de emed conveyed to the 83
133-pawnbroker by operation of law, and no further notice is 84
134-necessary; 85
135- (II) The pledgor is not obligated to redeem the pledged 86
136-goods; and 87
137- (III) If the pawnbroker transaction form is lost, 88
138-destroyed, or stolen, the pledgor must immedia tely advise the 89
139-issuing pawnbroker in writing by certified or registered mail, 90
140-return receipt requested, or in person evidenced by a signed 91
141-receipt. 92
142- (IV) A pawn may be extended upon mutual agreement of the 93
143-parties. 94
144- 7. In the case of a purchase, the amo unt of money paid for 95
145-the goods or the monetary value assigned to the goods in 96
146-connection with the transaction. 97
147- 8. A statement that the pledgor or seller of the item 98
148-represents and warrants that it is not stolen, that it has no 99
149-liens or encumbrances agai nst it, and that the pledgor or seller 100
125+pawnbroker transaction form must include a statement that: 76
126+ (I) Any personal property pledged to a pawnbroker within 77
127+this state which is not redeemed within 30 days following the 78
128+maturity date of the pawn, if the 30th day is n ot a business 79
129+day, then the following business day, is automatically forfeited 80
130+to the pawnbroker, and absolute right, title, and interest in 81
131+and to the property vests in and is deemed conveyed to the 82
132+pawnbroker by operation of law, and no further notice is 83
133+necessary; 84
134+ (II) The pledgor is not obligated to redeem the pledged 85
135+goods; and 86
136+ (III) If the pawnbroker transaction form is lost, 87
137+destroyed, or stolen, the pledgor must immediately advise the 88
138+issuing pawnbroker in writing by certified or registered mail , 89
139+return receipt requested, or in person evidenced by a signed 90
140+receipt. 91
141+ (IV) A pawn may be extended upon mutual agreement of the 92
142+parties. 93
143+ 7. In the case of a purchase, the amount of money paid for 94
144+the goods or the monetary value assigned to the goods i n 95
145+connection with the transaction. 96
146+ 8. A statement that the pledgor or seller of the item 97
147+represents and warrants that it is not stolen, that it has no 98
148+liens or encumbrances against it, and that the pledgor or seller 99
149+is the rightful owner of the goods and has the right to enter 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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162-is the rightful owner of the goods and has the right to enter 101
163-into the transaction. Any person who knowingly gives false 102
164-verification of ownership or gives a false or altered 103
165-identification and who receives money from a pawnbroker for 104
166-goods sold or pledged commits: 105
167- a. If the value of the money received is less than $300, a 106
168-felony of the third degree, punishable as provided in s. 107
169-775.082, s. 775.083, or s. 775.084. 108
170- b. If the value of the money received is $300 or mo re, a 109
171-felony of the second degree, punishable as provided in s. 110
172-775.082, s. 775.083, or s. 775.084. 111
173- (9) RECORDKEEPING; REPORTING; HOLD PERIOD. — 112
174- (a) A pawnbroker must maintain a copy of each completed 113
175-pawnbroker transaction form on the pawnshop premises for at 114
176-least 1 year after the date of the transaction. On or before the 115
177-end of each business day, the pawnbroker must deliver to the 116
178-appropriate law enforcement official the original printed 117
179-pawnbroker transaction forms or printed copies of the digital 118
180-pawnbroker transaction forms for each of the transactions 119
181-occurring during the previous business day, unless other 120
182-arrangements have been agreed upon between the pawnbroker and 121
183-the appropriate law enforcement official. If an the original 122
184-printed transaction form is lost or destroyed by the appropriate 123
185-law enforcement official, a copy may be used by the pawnbroker 124
186-as evidence in court. When an electronic image of a pledgor or 125
162+into the transaction. Any person who knowingly gives false 101
163+verification of ownership or gives a false or altered 102
164+identification and who receives money from a pawnbroker for 103
165+goods sold or pledged commits: 104
166+ a. If the value of the mon ey received is less than $300, a 105
167+felony of the third degree, punishable as provided in s. 106
168+775.082, s. 775.083, or s. 775.084. 107
169+ b. If the value of the money received is $300 or more, a 108
170+felony of the second degree, punishable as provided in s. 109
171+775.082, s. 775.083, or s. 775.084. 110
172+ (9) RECORDKEEPING; REPORTING; HOLD PERIOD. — 111
173+ (a) A pawnbroker must maintain a copy of each completed 112
174+pawnbroker transaction form on the pawnshop premises for at 113
175+least 1 year after the date of the transaction. On or before the 114
176+end of each business day, the pawnbroker must deliver to the 115
177+appropriate law enforcement official the original printed 116
178+pawnbroker transaction forms or printed copies of the digital 117
179+pawnbroker transaction forms for each of the transactions 118
180+occurring during the previous business day, unless other 119
181+arrangements have been agreed upon between the pawnbroker and 120
182+the appropriate law enforcement official. If an the original 121
183+printed transaction form is lost or destroyed by the appropriate 122
184+law enforcement official, a copy may be used by the pawnbroker 123
185+as evidence in court. When an electronic image of a pledgor or 124
186+seller identification is accepted for a transaction, the 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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199-seller identification is accepted for a transaction, the 126
200-pawnbroker must maintain the electronic image in order to meet 127
201-the same recordkeeping requirements as for the original printed 128
202-transaction form. If a criminal investigation occurs, the 129
203-pawnbroker shall, upon request, provide a clear and legible copy 130
204-of the image to the appropriate la w enforcement official. 131
205- (b) If the appropriate law enforcement agency supplies the 132
206-appropriate software and the pawnbroker presently has the 133
207-computer ability, pawn transactions shall be electronically 134
208-transferred. If a pawnbroker does not presently have the 135
209-computer ability, the appropriate law enforcement agency may 136
210-provide the pawnbroker with a computer and all necessary 137
211-equipment for the purpose of electronically transferring pawn 138
212-transactions. The appropriate law enforcement agency shall 139
213-retain ownership of the computer, unless otherwise agreed upon. 140
214-The pawnbroker shall maintain the computer in good working 141
215-order, ordinary wear and tear excepted. In the event the 142
216-pawnbroker transfers pawn transactions electronically, the 143
217-pawnbroker is not required to also deliver to the appropriate 144
218-law enforcement official the original or copies of the 145
219-pawnbroker transaction forms. The appropriate law enforcement 146
220-official may, for the purposes of a criminal investigation, 147
221-request that the pawnbroker produce an original of a printed 148
222-transaction form that has been electronically transferred. The 149
223-pawnbroker shall deliver this form to the appropriate law 150
199+pawnbroker must maintain the electronic image in order to meet 126
200+the same recordkeeping requirements as for the original printed 127
201+transaction form. If a criminal investigation occurs, the 128
202+pawnbroker shall, upon request, provide a clear and legible copy 129
203+of the image to the appropriate law enforcement official. 130
204+ (b) If the appropriate law enforcement agency suppl ies the 131
205+appropriate software and the pawnbroker presently has the 132
206+computer ability, pawn transactions shall be electronically 133
207+transferred. If a pawnbroker does not presently have the 134
208+computer ability, the appropriate law enforcement agency may 135
209+provide the pawnbroker with a computer and all necessary 136
210+equipment for the purpose of electronically transferring pawn 137
211+transactions. The appropriate law enforcement agency shall 138
212+retain ownership of the computer, unless otherwise agreed upon. 139
213+The pawnbroker shall maint ain the computer in good working 140
214+order, ordinary wear and tear excepted. In the event the 141
215+pawnbroker transfers pawn transactions electronically, the 142
216+pawnbroker is not required to also deliver to the appropriate 143
217+law enforcement official the original or copi es of the 144
218+pawnbroker transaction forms. The appropriate law enforcement 145
219+official may, for the purposes of a criminal investigation, 146
220+request that the pawnbroker produce an original of a printed 147
221+transaction form that has been electronically transferred. The 148
222+pawnbroker shall deliver this form to the appropriate law 149
223+enforcement official within 24 hours of the request. 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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236-enforcement official within 24 hours of the request. 151
237- Section 2. This act shall take effect July 1, 2025. 152
236+ Section 2. This act shall take effect July 1, 2025. 151