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