STORAGE NAME: h1359a.ITP
DATE: 4/11/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1359
TITLE: Feasibility Study Relating to Statewide Pawn
Data Database
SPONSOR(S): Michael
COMPANION BILL: SB 1252 (Yarborough)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
16 Y, 0 N, As CS
Information Technology Budget &
Policy
Judiciary
SUMMARY
Effect of the Bill:
CS/HB 1359 requires the Florida Department of Law Enforcement (FDLE) to conduct a feasibility study on the
creation of a statewide pawn data database and specifies the minimum requirements for such a database. The bill
requires the study to be completed by January 1, 2026, and requires FDLE to provide the results of the study to the
President of the Senate and the Speaker of the House of Representatives.
Fiscal or Economic Impact:
FDLE estimates that the cost for the feasibility study will be approximately $250,000.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/HB 1359 requires the Florida Department of Law Enforcement (FDLE) to conduct a feasibility study on the
creation of a statewide pawn data database which, at a minimum, must:
Allow law enforcement agencies in all counties in the state to access, update, and share pawn data in real-
time.
Be provided free of charge to all law enforcement agencies in the state.
Be interoperable between different law enforcement databases, software solutions, and jurisdictions and
meet established data standards to facilitate seamless communication between law enforcement agencies.
Ensure compliance with applicable privacy and security laws.
The bill defines the term "pawn data" to mean information related to the transactions of secondhand dealers and
secondary metals recyclers, including pawn shops, that is required by ch. 538, F.S., and ch. 539, F.S., to be reported
electronically to law enforcement officials. This includes, but is not limited to, descriptions of property, seller
information, transaction dates, and any other data related to the exchange of goods.
The bill requires FDLE to complete the feasibility study by January 1, 2026, and to provide the results of the study
to the President of the Senate and the Speaker of the House of Representatives. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
According to FDLE, the estimated cost for the feasibility study of the statewide pawn data database is
approximately $250,000.
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
Existing Databases
There is not a statewide database that aggregates transactions from secondhand dealers, secondary metals
recyclers, and pawn shops. Instead, multiple databases are created and mainted by local or regional law
enforcement agencies.
2 Such agencies must either develop an internal database for reporting such transactions or
contract with third-party vendors who receive information about such transactions and then charge a fee for law
enforcement agencies to access the information.
Secondhand Dealers
A secondhand dealer is defined as any person, corporation, or other business organization or entity that is not a
secondary metals recycler and is engaged in purchasing, consigning, or trading secondhand goods,
3 and also
includes a secondhand dealer engaged in purchasing secondhand goods through an automated kiosk.
4
Secondhand Dealers – Transaction Forms and Reporting Requirements
A secondhand dealer must record details about each transaction that he or she makes on a form approved by the
Florida Department of Law Enforcement (FDLE).
5 The form must include:
The time, date, and place of the transaction.
A complete and accurate description of the goods acquired, including the following information, if
applicable:
o Brand name.
o Model number.
o Manufacturer's serial number.
o Size.
o Color, as apparent to the untrained eye.
o Precious metal type, weight, and content if known.
o Gemstone description, including the number of stones, if applicable.
o In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and
finish.
o Any other unique identifying marks, numbers, or letters.
Digital photographs of the goods.
A description of the person from whom the goods were acquired, including:
o Full name, current residential address, workplace, and home and work phone numbers.
o Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.
o The right thumbprint, free of smudges and smears, of the person from whom the goods were
acquired.
Any other information required by FDLE.
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1 Florida Department of Law Enforcement, Agency Analysis of House Bill 1359, p. 4 (Mar.12, 2025)(on file with the House Criminal Justice
Subcommittee).
2
Id. at p. 2
3 “Secondhand goods” are previously owned or used personal property purchased, consigned, or traded as used property. The term also
includes gift certificates and credit memos that are purchased, consigned, or traded by a secondhand dealer. Secondhand goods do not
include office furniture, pianos, books, clothing, organs, coins, motor vehicles, costume jewelry; gold, silver, platinum, palladium, or rhodium
bullion that has been assayed and is properly marked as to its weight and fineness; cardio and strength training or conditioning equipment
designed primarily for indoor use, and secondhand sports equipment that is not permanently labeled with a serial number. S. 538.03(1)(i),
F.S.
4 S. 538.03(1)(h), F.S.
5 S. 538.04(1), F.S.
6 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Unless other arrangements are agreed to with the appropriate law enforcement official,
7 a secondhand dealer must
deliver the transaction form to such official within 24 hours after acquiring any secondhand goods.
8 If the
appropriate law enforcement official supplies a secondhand dealer with appropriate software and the secondhand
dealer has computer capability, the secondhand dealer must electronically transmit the required transaction
records.
9 If a secondhand dealer lacks computer capability, the appropriate law enforcement official may provide a
computer and all of the equipment necessary to electronically transmit transactions.
10
Secondary Metals Recyclers
A secondary metals recycler means any person who:
Is engaged, from a fixed location, in the business of purchase transactions or gathering or obtaining ferrous
or nonferrous metals that have served their original economic purpose or is in the business of performing
the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material
products consisting of prepared grades and having an existing or potential economic value; or
Has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are
converted into raw material products consisting of prepared grades and having an existing or potential
economic value, other than by the exclusive use of hand tools, by methods including, without limitation,
processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the
physical form or chemical content thereof.
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Secondary Metals Recyclers – Transaction Forms and Reporting Requirements
A secondary metals recycler must maintain both a legible paper and electronic record of all purchase transactions
to which such secondary metals recycler is a party.
12 The appropriate law enforcement official
13 may provide data
specifications regarding the electronic record format, but such format must be approved by FDLE. The transaction
record must include:
The time, date, and place of the transaction.
A complete and accurate description of the goods acquired, including the following information, if
applicable:
o Brand name.
o Model number.
o Manufacturer's serial number.
o Size.
o Color, as apparent to the untrained eye.
o Precious metal type, weight, and content if known.
o Gemstone description, including the number of stones, if applicable.
o In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and
finish.
o Any other unique identifying marks, numbers, or letters.
Digital photographs of the goods.
A description of the person from whom the goods were acquired, including:
o Full name, current residential address, workplace, and home and work phone numbers.
o Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.
7 For a secondhand dealer, the “appropriate law enforcement official” is the sheriff of the county in which a secondhand dealer is located or,
if the secondhand dealer is located within a municipality, both the police chief of the municipality and the sheriff; however, the sheriff or
police chief may designate as the appropriate law enforcement official for that county or municipality, as applicable, any law enforcement
officer working within that respective county or municipality. S. 538.03(1)(b), F.S.
8 S. 538.04(1), F.S.
9 S. 538.04(6), F.S.
10 Id.
11 S. 538.18(11), F.S.
12 S. 538.19, F.S.
13 For secondary metals recycler, the “appropriate law enforcement official” means the sheriff of the county in which a secondary metals
recycler is located or, if the secondary metals recycler is located within a municipality, the police chief of the municipality in which the
secondary metals recycler is located; however, the sheriff or police chief may designate as the appropriate law enforcement official for the
county or municipality, as applicable, any law enforcement officer working within that respective county or municipality. S. 538.18(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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o The right thumbprint, free of smudges and smears, of the person from whom the goods were
acquired.
Any other information required by FDLE.
An electronic record of the purchase transaction must be transmitted to the appropriate law enforcement official
no later than 10 A.M. on the business day following the transaction.
14
Pawn Shops
A pawnbroker is any person who advances funds to a person who pledges goods as collateral for the funds. The
person pledging the goods (pledgor) may reclaim the goods after repaying the funds, interest, and pawn service
charge by the maturity date of the pawn, which must be 30 days after the date of the pawn. If the pledgor fails to
repay the required funds, then the pledged goods are forfeited to the pawnbroker 30 days after the maturity date.
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Pawn Shops – Transaction Forms and Reporting Requirements
A pawnbroker must complete a printed pawnbroker transaction form whenever they enter into a pawn or make a
purchase from a seller. The Department of Agriculture and Consumer Services approves the design and format of
the transaction form, which must be 8.5 inches by 11 inches, written in English, indicate whether the transaction is
a pawn or sale, and include the following on the front of the form:
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Name and address of the pawnshop.
A complete and accurate description of the pledged goods or purchased goods, including the following
information, if applicable:
o Brand name.
o Model number.
o Manufacturer’s serial number.
o Size.
o Color, as apparent to the untrained eye.
o Precious metal type, weight, and content, if known.
o Gemstone description, including the number of stones.
o The type of action, caliber or gauge, number of barrels, barrel length, and finish if the transaction
includes firearms.
o Any other unique identifying marks, numbers, names, or letters.
Name, address, home telephone number, place of employment, date of birth, physical description,
signature, and right thumbprint of the pledgor or seller.
Date and time of the transaction.
Type of identification accepted from the pledgor or seller, including the issuing agency and the
identification number.
A statement that the pledgor or seller of the goods represents they are the rightful owner of the goods and
they are not stolen and have no liens or encumbrances against them.
If the transaction is a pawn, the front of the pawnbroker transaction form must also include:
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The amount of money advanced, designated as the amount financed;
The maturity date of the pawn, which must be 30 days after the date of the pawn;
The default date of the pawn and the amount due on the default date;
The total pawn service charge owed on the maturity date, designated as the finance charge;
The total payment to reclaim the goods, including the amount financed and the finance charge;
The annual percentage rate; and
A statement on the front or back that:
o The pawned goods will be forfeited to the pawnbroker if they are not redeemed within 30 days
after the maturity date of the pawn.
o The pledgor is not obligated to redeem the pawned goods.
14 S. 538.19(1), F.S.
15 National Pawnbrokers Association, Pawn 101: The Basics, (last visited Mar. 28, 2025).
16 S. 539.001(8), F.S.
17 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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o If the pawnbroker transaction form is lost, destroyed, or stolen, the pledgor must immediately
advise the issuing pawnbroker in person or in writing by certified or registered mail.
o The pawn may be extended upon mutual agreement of the parties.
If the transaction is a purchase by the pawnbroker, the front of the pawnbroker transaction form must include the
amount of money paid for the goods or the monetary value assigned to the goods.
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Before the end of each business day, a pawnbroker must deliver the original pawnbroker transaction forms to the
appropriate official for the local law enforcement agency
19 for all of the transactions during the previous business
day unless other arrangements have been agreed upon by the pawnbroker and the appropriate local law
enforcement agency.
20
In lieu of physically delivering the original pawnbroker transaction forms, a local law enforcement agency may
supply software to a pawnbroker so the pawnbroker may electronically transfer the transaction forms to the law
enforcement agency. If a pawnbroker does not have a computer to use such software, the law enforcement agency
may provide a computer to the pawnbroker. The law enforcement agency retains ownership of the computer,
unless otherwise agreed upon. The pawnbroker must maintain the computer in good working order, ordinary
wear and tear excepted.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 16 Y, 0 N, As CS 4/1/2025 Hall Padgett
THE CHANGES ADOPTED BY THE
COMMITTEE:
Required FDLE to conduct a feasibility study regarding the creation of a
statewide pawn data database, rather than requiring FDLE to establish
such a database.
Removed provisions related to the creation of the database and penalties
for noncompliance.
Required the results of the feasibility study to be provided to the President
of the Senate and the Speaker of the House of Representatives.
Information Technology Budget &
Policy Subcommittee
Nations Nations
Judiciary Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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18 Id.
19 For a pawnshop, the “appropriate law enforcement official” is the sheriff of the county in which a pawnshop is located or, in case of a
pawnshop located within a municipality, the police chief of the municipality in which the pawnshop is located. Any sheriff or police chief may
designate any law enforcement officer working within the county or municipality as the appropriate law enforcement official. S.
539.001(1)(b), F.S.
20 S. 539.001(9), F.S.
21 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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