Senate Bill 0382c1
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Florida Senate - 1998 CS for SB 382
By the Committee on Banking and Insurance and Senator Williams
311-1681-98
1 A bill to be entitled
2 An act relating to secondhand dealers; amending
3 s. 538.03, F.S.; revising a definition;
4 amending s. 538.04, F.S.; exempting secondhand
5 dealers from certain recordkeeping requirements
6 for transactions involving secondhand sports
7 equipment; providing an exception; providing an
8 effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Paragraph (g) of subsection (1) of section
13 538.03, Florida Statutes, is amended to read:
14 538.03 Definitions; applicability.--
15 (1) As used in this part, the term:
16 (g) "Secondhand goods" means personal property
17 previously owned or used, which is not regulated metals
18 property regulated under part II and which is purchased,
19 consigned, or pawned as used property. Such secondhand goods
20 shall be limited to watches; diamonds, gems, and other
21 precious stones; fishing rods, reels, and tackle; audio and
22 video electronic equipment, including television sets, compact
23 disc players, radios, amplifiers, receivers, turntables, tape
24 recorders; video tape recorders; speakers and citizens' band
25 radios; computer equipment; radar detectors; depth finders;
26 trolling motors; outboard motors; sterling silver flatware and
27 serving pieces; photographic equipment, including cameras,
28 video and film cameras, lenses, electronic flashes, tripods,
29 and developing equipment; microwave ovens; animal fur coats;
30 marine equipment; video games and cartridges; power lawn and
31 landscape equipment; office equipment such as copiers, fax
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 382
311-1681-98
1 machines, and postage machines but excluding furniture; sports
2 equipment; golf clubs; weapons, including knives, swords, and
3 air guns; telephones, including cellular and portable;
4 firearms; tools; calculators; musical instruments, excluding
5 pianos and organs; lawnmowers; bicycles; typewriters; motor
6 vehicles; gold, silver, platinum, and other precious metals
7 excluding coins; and jewelry, excluding costume jewelry.
8 Section 2. Subsection (5) is added to section 538.04,
9 Florida Statutes, to read:
10 538.04 Recordkeeping requirements; penalties.--
11 (1) Secondhand dealers shall maintain records of all
12 transactions of secondhand goods on the premises. Within 24
13 hours of the acquisition of any secondhand goods by purchase
14 or pledge as security for a loan, a secondhand dealer shall
15 deliver to the police department of the municipality where the
16 goods were purchased or, if the goods were purchased outside
17 of a municipality, to the sheriff's department of the county
18 where the goods were purchased, a record of the transaction on
19 a form approved by the Department of Law Enforcement. Such
20 record shall contain:
21 (a) The time, date, and place of the transaction.
22 (b) A complete and accurate description of the goods
23 acquired, including any serial numbers, manufacturer's
24 numbers, or other identifying marks or characteristics.
25 (c) A description of the person from whom the goods
26 were acquired, including:
27 1. Full name, address, workplace, and home and work
28 phone numbers.
29 2. Height, weight, date of birth, race, gender, hair
30 color, eye color, and any other identifying marks.
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Florida Senate - 1998 CS for SB 382
311-1681-98
1 (d) Any other information required by the form
2 approved by the Department of Law Enforcement.
3 (2) The secondhand dealer shall require verification
4 of the identification by the exhibition of a government-issued
5 photographic identification card such as a driver's license or
6 military identification card. The record shall contain the
7 type of identification exhibited, the issuing agency, and the
8 number thereon.
9 (3) The seller shall sign a statement verifying that
10 the seller is the rightful owner of the goods or is entitled
11 to sell or pledge the goods.
12 (4) Any person who knowingly gives false verification
13 of ownership or who gives a false or altered identification,
14 and who receives money from a secondhand dealer for goods sold
15 or pledged commits:
16 (a) If the value of the money received is less than
17 $300, a misdemeanor of the first degree, punishable as
18 provided in s. 775.082 or s. 775.083.
19 (b) If the value of the money received is $300 or
20 more, a felony of the third degree, punishable as provided in
21 s. 775.082, s. 775.083, or s. 775.084.
22 (5) Secondhand dealers are exempt from the provisions
23 of this section for all transactions involving secondhand
24 sports equipment except secondhand sports equipment that is
25 permanently labeled with a serial number.
26 Section 3. This act shall take effect upon becoming a
27 law.
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Florida Senate - 1998 CS for SB 382
311-1681-98
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 382
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4 Revises the definition of secondhand goods to specifically
include golf clubs and exempts secondhand dealers from
5 recordkeeping requirements only for sports equipment that does
not have a serial number. Maintains the remaining regulatory
6 provisions of part I of chapter 538, F.S., for those
secondhand dealers.
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Requires that secondhand goods transactions involving golf
8 clubs and other sports equipment with a serial number to be
subject to all of the provisions of part I, chapter 538, F.S.,
9 including the recordkeeping requirements.
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