THE BILL ITSELF
CS/HB 1345
Statewide Data Sharing of Secondhand Dealer, Secondary Metals Recycler, and Pawnbroker Transactions
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A bill to be entitled
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An act relating to statewide data sharing of
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secondhand dealer, secondary metals recycler, and
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pawnbroker transactions; amending ss. 538.04, 538.19,
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538.32, and 539.001, F.S.; requiring secondhand
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dealers, secondary metals recyclers, and pawnbrokers
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to transmit specified records to the Department of Law
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Enforcement for the purpose of statewide data sharing;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (1), (6), and (8) of section
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538.04, Florida Statutes, are amended to read:
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538.04 Recordkeeping requirements; penalties.—
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(1) A secondhand dealer shall complete a secondhand
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dealers transaction form at the time of the actual transaction.
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A secondhand dealer shall maintain a copy of a completed
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transaction form on the registered premises for at least 1 year
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after the date of the transaction. However, the secondhand
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dealer shall maintain a copy of the transaction form for not
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less than 3 years. Unless other arrangements are agreed upon by
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the secondhand dealer and the appropriate law enforcement
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official, the secondhand dealer shall, within 24 hours after
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acquiring any secondhand goods, deliver to such official and the
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Department of Law Enforcement a record of the transaction on a
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form approved by the Department of Law Enforcement for the
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purpose of statewide data sharing. Such record must shall
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contain all of the following:
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(a) The time, date, and place of the transaction.
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(b) A complete and accurate description of the goods
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acquired, including the following information, if applicable:
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1. Brand name.
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2. Model number.
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3. Manufacturer's serial number.
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4. Size.
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5. Color, as apparent to the untrained eye.
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6. Precious metal type, weight, and content if known.
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7. Gemstone description, including the number of stones,
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if applicable.
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8. In the case of firearms, the type of action, caliber or
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gauge, number of barrels, barrel length, and finish.
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9. Any other unique identifying marks, numbers, or
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letters.
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(c) Digital photographs of the goods, clearly showing the
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items required to be included on the record as provided in
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paragraph (b).
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(d) A description of the person from whom the goods were
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acquired, including:
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1. Full name, current residential address, workplace, and
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home and work phone numbers.
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2. Height, weight, date of birth, race, gender, hair
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color, eye color, and any other identifying marks.
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3. The right thumbprint, free of smudges and smears, of
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the person from whom the goods were acquired.
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(e) Any other information required by the form approved by
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the Department of Law Enforcement.
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(6) If the appropriate law enforcement official supplies a
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secondhand dealer with appropriate software and the secondhand
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dealer has computer capability, the secondhand dealer must
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electronically transmit secondhand dealer transactions required
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by this section to such official and the Department of Law
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Enforcement for the purpose of statewide data sharing. If a
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secondhand dealer does not have computer capability, the
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appropriate law enforcement official may provide the secondhand
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dealer with a computer and all equipment necessary to
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electronically transmit secondhand dealer transactions. The
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appropriate law enforcement official shall retain ownership of
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the computer, unless otherwise agreed upon, and the secondhand
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dealer shall maintain the computer in good working order, except
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for ordinary wear. A secondhand dealer who transmits secondhand
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dealer transactions electronically is not required to also
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deliver the original or paper copies of the secondhand
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transaction forms to the appropriate law enforcement official or
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the Department of Law Enforcement. However, such official may,
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for purposes of a criminal investigation, request the secondhand
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dealer to deliver the original transaction form that was
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electronically transmitted. The secondhand dealer shall deliver
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the form to the appropriate law enforcement official within 24
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hours after receipt of the request.
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(8) When secondhand goods are purchased by means of an
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automated kiosk, the serial number reported pursuant to this
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section may be the International Mobile Station Equipment
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Identity (IMEI), the mobile equipment identifier (MEID), or
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another unique identifying number assigned to the device by the
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manufacturer. If the IMEI, MEID, or other unique identifying
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number is not available at the time of receipt or purchase, the
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report filed pursuant to this section must be updated with the
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IMEI, MEID, or other unique identifying number as soon as
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possible, but no later than 10 business days after the date of
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acquisition. If such identifying numbers are not available at
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the time of the transaction, the business must shall assign
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another unique identifier to the item which directly associates
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the item to the transaction that it was purchased in. Upon
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entering or updating any information on the transaction form, a
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law enforcement official, as designated by the sheriff or the
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chief of police of the jurisdiction in which the item was
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purchased, must be timely notified in writing or by electronic
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means, as required by the sheriff or chief of police of the
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jurisdiction. If, upon receiving the device and correcting the
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missing information, the company finds that the item was
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misappropriated or stolen, the appropriate law enforcement
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official and the Department of Law Enforcement must be notified.
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The holding requirements of ss. 538.06 and 538.09(3) do not
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begin until all required reports are complete and submitted to
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the appropriate law enforcement official and the Department of
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Law Enforcement.
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Section 2. Subsection (1) of section 538.19, Florida
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Statutes, is amended to read:
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538.19 Records required; limitation of liability.—
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(1) A secondary metals recycler shall maintain a legible
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paper record of all purchase transactions to which such
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secondary metals recycler is a party. A secondary metals
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recycler shall also maintain a legible electronic record, in the
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English language, of all such purchase transactions. The
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appropriate law enforcement official may provide data
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specifications regarding the electronic record format, but such
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format must be approved by the Department of Law Enforcement. An
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electronic record of a purchase transaction shall be
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electronically transmitted to the appropriate law enforcement
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official and the Department of Law Enforcement for the purpose
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of statewide data sharing no later than 10 a.m. of the business
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day following the date of the purchase transaction. The record
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transmitted to the appropriate law enforcement official and the
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Department of Law Enforcement must not contain the price paid
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for the items. A secondary metals recycler who transmits such
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records electronically is not required to also deliver the
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original or paper copies of the transaction forms to the
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appropriate law enforcement official or the Department of Law
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Enforcement. However, such official may, for purposes of a
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criminal investigation, request the secondary metals recycler to
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make available the original transaction form that was
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electronically transmitted. This original transaction form must
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include the price paid for the items. The secondary metals
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recycler shall make the form available to the appropriate law
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enforcement official within 24 hours after receipt of the
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request.
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Section 3. Subsections (3), (4), and (6) and paragraph (d)
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of subsection (7) of section 538.32, Florida Statutes, are amended to read:
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538.32 Registration, transaction, and recordkeeping
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requirements; penalties.—
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(3) For every transaction, the secondhand dealer shall
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must keep a record of the following:
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(a) A complete and accurate description of the seller's
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goods, including:
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1. Precious metal type, or, if jewelry, the type of
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jewelry.
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2. Any other unique identifying marks, numbers, or
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letters. The description must be in an electronic format agreed
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upon by the dealer and the appropriate law enforcement agency.
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(b) The date that the seller's goods were received by the
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mail-in secondhand precious metals dealer.
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This information must be provided to the appropriate law
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enforcement agency and the Department of Law Enforcement for the
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purpose of statewide data sharing within 24 hours after entering
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into the contract unless other arrangements are made between the
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business and the law enforcement agency.
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(4) For every transaction, pictures of the secondhand
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goods which are the subject of the transaction must be available
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online for electronic viewing, via a website accessible by
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username and password only, by a law enforcement agency and the
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Department of Law Enforcement at no charge. In addition, the
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electronic files must be searchable by a law enforcement agency
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for queries concerning property descriptions, secondhand dealer
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transaction information, and the seller's personal
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identification, including address, state of residence, and zip
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code.
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(6) The mail-in secondhand precious metals dealer shall
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must provide the appropriate law enforcement agency and the
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Department of Law Enforcement for the purpose of statewide data
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sharing with an electronic copy of the name, address, phone
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number, driver license number, or government-issued
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identification number, and issuing state of the person from whom
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the dealer purchased or acquired the precious metals or jewelry.
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(7)
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(d) Within 24 hours after the expiration of the 30-day
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hold period for the property, the secondhand dealer shall must
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notify the appropriate law enforcement agency and the Department
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of Law Enforcement of the abandonment of the property by
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electronic transmission or by sending a copy of the completed
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form authorized by chapter 717 to the Department of Financial
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Services, Division of Unclaimed Property.
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Section 4. Paragraphs (a) and (b) of subsection (9) of
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section 539.001, Florida Statutes, are amended to read:
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539.001 The Florida Pawnbroking Act.—
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(9) RECORDKEEPING; REPORTING; HOLD PERIOD.—
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(a) A pawnbroker shall must maintain a copy of each
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completed pawnbroker transaction form on the pawnshop premises
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for at least 1 year after the date of the transaction. On or
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before the end of each business day, the pawnbroker shall must
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deliver to the appropriate law enforcement official and the
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Department of Law Enforcement for the purpose of statewide data
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sharing the original printed pawnbroker transaction forms or
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printed copies of the digital pawnbroker transaction forms for
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each of the transactions occurring during the previous business
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day, unless other arrangements have been agreed upon between the
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pawnbroker and the appropriate law enforcement official. If an
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original printed transaction form is lost or destroyed by the
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appropriate law enforcement official, a copy may be used by the
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pawnbroker as evidence in court. When an electronic image of a
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pledgor or seller identification is accepted for a transaction,
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the pawnbroker must maintain the electronic image in order to
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meet the same recordkeeping requirements as for the original
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printed transaction form. If a criminal investigation occurs,
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the pawnbroker must shall, upon request, provide a clear and
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legible copy of the image to the appropriate law enforcement
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official.
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(b) If the appropriate law enforcement agency supplies the
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appropriate software and the pawnbroker presently has the
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computer ability, pawn transactions must shall be electronically
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transferred to the appropriate law enforcement official and the
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Department of Law Enforcement for the purpose of statewide data
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sharing. If a pawnbroker does not presently have the computer
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ability, the appropriate law enforcement agency may provide the
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pawnbroker with a computer and all necessary equipment for the
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purpose of electronically transferring pawn transactions. The
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appropriate law enforcement agency retains shall retain
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ownership of the computer, unless otherwise agreed upon. The
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pawnbroker shall maintain the computer in good working order,
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ordinary wear and tear excepted. In the event the pawnbroker
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transfers pawn transactions electronically, the pawnbroker is
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not required to also deliver to the appropriate law enforcement
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official or the Department of Law Enforcement the original or
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copies of the pawnbroker transaction forms. The appropriate law
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enforcement official may, for the purposes of a criminal
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investigation, request that the pawnbroker produce an original
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of a printed transaction form that has been electronically
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transferred. The pawnbroker shall deliver this form to the
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appropriate law enforcement official within 24 hours of the
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request.
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Section 5. This act shall take effect July 1, 2026.