THE BILL ITSELF
CS/CS/SB 1582
Statewide Data Sharing of Secondhand Dealer and Pawnbroker Transactions
Florida Senate - 2026 CS for CS for SB 1582 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Commerce and Tourism; and Senator Yarborough 604-03223-26 20261582c2
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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 and pawnbroker transactions;
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amending s. 538.03, F.S.; defining the term “statewide
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data sharing system”; amending ss. 538.04, 538.19,
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538.32, and 539.001, F.S.; revising the recordkeeping,
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transaction, and reporting requirements of certain
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secondhand dealers and pawnbrokers regarding
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transaction information to be shared with law
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enforcement agencies for inclusion in the statewide
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data sharing system; 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. Present paragraph (k) of subsection (1) of
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section 538.03, Florida Statutes, is redesignated as paragraph
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(l), and a new paragraph (k) is added to that subsection, to
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read:
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538.03 Definitions; applicability.—
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(1) As used in this part, the term:
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(k) “Statewide data sharing system” means the system
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available to all law enforcement agencies in this state,
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exclusively accessible through agreements with such law
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enforcement agencies, for the purpose of conducting queries of
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shared pawn data at no cost to the user. All pawn data shared
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with the statewide data sharing system must comply with s.
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790.335.
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Section 2. Subsection (6) of section 538.04, Florida
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Statutes, is amended to read:
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538.04 Recordkeeping requirements; penalties.—
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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 for inclusion in the statewide
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data sharing system . If a secondhand dealer does not have
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computer capability, the appropriate law enforcement official
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may provide the secondhand dealer with a computer and all
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equipment necessary to electronically transmit secondhand dealer
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transactions. The appropriate law enforcement official shall
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retain ownership of the computer, unless otherwise agreed upon,
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and the secondhand dealer shall maintain the computer in good
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working order, except for ordinary wear. A secondhand dealer who
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transmits secondhand dealer transactions electronically is not
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required to also deliver the original or paper copies of the
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secondhand transaction forms to the appropriate law enforcement
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official. However, such official may, for purposes of a criminal
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investigation, request the secondhand dealer to deliver the
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original transaction form that was electronically transmitted.
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The secondhand dealer shall deliver the form to the appropriate
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law enforcement official within 24 hours after receipt of the
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request.
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Section 3. 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 for inclusion in the statewide data sharing system no
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later than 10 a.m. of the business day following the date of the
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purchase transaction. The record transmitted to the appropriate
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law enforcement official must not contain the price paid for the
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items. A secondary metals recycler who transmits such records
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electronically is not required to also deliver the original or
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paper copies of the transaction forms to the appropriate law
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enforcement official. However, such official may, for purposes
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of a criminal investigation, request the secondary metals
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recycler to make available the original transaction form that
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was electronically transmitted. This original transaction form
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must 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 4. Subsections (3) and (6) of section 538.32,
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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 must
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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 letters.
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The description must be in an electronic format agreed upon by
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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 for inclusion in the statewide data sharing
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system within 24 hours after entering into the contract unless
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other arrangements are made between the business and the law
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enforcement agency.
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(6) The mail-in secondhand precious metals dealer shall
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must provide the appropriate law enforcement agency with an
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electronic copy of the name, address, phone number, driver
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license number, or government-issued identification number, and
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issuing state of the person from whom the dealer purchased or
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acquired the precious metals or jewelry for inclusion in the
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statewide data sharing system .
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Section 5. 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 , for
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inclusion in the statewide data sharing system, the original
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printed pawnbroker transaction forms or printed copies of the
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digital pawnbroker transaction forms for each of the
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transactions occurring during the previous business day, unless
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other arrangements have been agreed upon between the pawnbroker
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and the appropriate law enforcement official. If an original
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printed transaction form is lost or destroyed by the appropriate
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law enforcement official, a copy may be used by the pawnbroker
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as evidence in court. When an electronic image of a pledgor or
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seller identification is accepted for a transaction, the
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pawnbroker must maintain the electronic image in order to meet
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the same recordkeeping requirements as for the original printed
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transaction form. If a criminal investigation occurs, the
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pawnbroker must shall , upon request, provide a clear and legible
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copy of the image to the appropriate law enforcement 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 for
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inclusion in the statewide data sharing system . If a pawnbroker
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does not presently have the computer ability, the appropriate
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law enforcement agency may provide the pawnbroker with a
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computer and all necessary equipment for the purpose of
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electronically transferring pawn transactions. The appropriate
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law enforcement agency retains shall retain ownership of the
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computer, unless otherwise agreed upon. The pawnbroker shall
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maintain the computer in good working order, ordinary wear and
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tear excepted. In the event the pawnbroker transfers pawn
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transactions electronically, the pawnbroker is not required to
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also deliver to the appropriate law enforcement official the
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original or copies of the pawnbroker transaction forms. The
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appropriate law enforcement official may, for the purposes of a
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criminal investigation, request that the pawnbroker produce an
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original of a printed transaction form that has been
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electronically transferred. The pawnbroker shall deliver this
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form to the appropriate law enforcement official within 24 hours
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of the request.
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Section 6. This act shall take effect July 1, 2027.