THE BILL ITSELF
CS/HB 181
Pub. Rec./ Pawnbroker Transactions
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A bill to be entitled
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An act relating to public records; amending s.
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539.003, F.S.; providing an exemption from public
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records requirements for records relating to
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pawnbroker transactions that are delivered to the
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Department of Law Enforcement; providing for future
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legislative review and repeal of the exemption;
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providing a statement of public necessity; providing a
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contingent effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 539.003, Florida Statutes, is amended
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to read:
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539.003 Confidentiality.—All records relating to
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pawnbroker transactions delivered to appropriate law enforcement
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officials and the Department of Law Enforcement pursuant to s.
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539.001 are confidential and exempt from the provisions of s.
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119.07(1) and s. 24(a), Art. I of the State Constitution and may
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be used only for official law enforcement purposes. This section
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does not prohibit the disclosure by the appropriate law
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enforcement officials or the Department of Law Enforcement of
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the name and address of the pawnbroker, the name and address of
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the conveying customer, or a description of pawned property to
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the alleged owner of pawned property.
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Section 2. The amendments to s. 539.003, Florida Statutes,
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made by this act are subject to the Open Government Sunset
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Review Act in accordance with s. 119.15, Florida Statutes, and
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shall stand repealed on October 2, 2031, unless reviewed and
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saved from repeal through reenactment by the Legislature. If
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such amendments are not saved from repeal, the text of s.
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539.003, Florida Statutes, shall revert to that in existence on
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June 30, 2026, except that any amendments to such text enacted
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other than by this act shall be preserved and continue to
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operate to the extent that such amendments are not dependent
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upon the portions of text which expire pursuant to this section.
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Section 3. The Legislature finds that it is a public
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necessity that records related to pawnbroker transactions that
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are delivered to the Department of Law Enforcement be made
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confidential and exempt from s. 119.07(1), Florida Statutes, and
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s. 24(a), Article I of the State Constitution. The Legislature
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previously found that identical records related to pawnbroker
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transactions which are delivered to appropriate law enforcement
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officials under s. 539.001, Florida Statutes, contain
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information of a sensitive and personal nature to the pledgor or
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seller of pledged goods and thus made such records confidential
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and exempt from disclosure under s. 539.003, Florida Statutes.
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The Legislature finds that requiring pawnbroker transaction
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records to be delivered to the Department of Law Enforcement
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does not change the sensitive and personal nature of such
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records and, therefore, finds that such records must be made
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confidential and exempt from public records requirements.
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Section 4. This act shall take effect on the same date
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that HB 1345 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.