CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4023

    Amendment No. 03 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

 6

 7

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 9

10                                                                

11  The Committee on Law Enforcement & Public Safety offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 3, line 1, of the bill

16

17  insert:

18         (b)  If the appropriate law enforcement agency supplies

19  the appropriate software and the pawnbroker presently has the

20  computer ability, pawn transactions shall be electronically

21  transferred. If a pawnbroker does not presently have the

22  computer ability, the appropriate law enforcement agency may

23  provide the pawnbroker with a computer and all necessary

24  equipment for the purpose of electronically transferring pawn

25  transactions. The appropriate law enforcement agency shall

26  retain ownership of the computer, unless otherwise agreed

27  upon. The pawnbroker shall maintain the computer in good

28  working order, ordinary wear and tear excepted. In the event

29  the pawnbroker transfers pawn transactions electronically, the

30  pawnbroker is not required to also deliver to the appropriate

31  law enforcement official the original or copies of the

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    File original & 9 copies    04/15/98
    hle0002                     10:33 am         04023-leps-633975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4023

    Amendment No. 03 (for drafter's use only)





 1  pawnbroker transaction forms. The appropriate law enforcement

 2  official may, for the purposes of a criminal investigation,

 3  request that the pawnbroker produce an original of a

 4  transaction form that has been electronically transferred. The

 5  pawnbroker shall deliver this form to the appropriate law

 6  enforcement official within 24 hours of the request.

 7         (c)  There shall be a statewide system for collecting

 8  and accessing pawnshop ticket and second-hand dealer

 9  information as defined in Chapters 538 and 539, Florida

10  Statutes. The system shall be administered by the Florida

11  Sheriffs' Association Statewide Task Force, which shall

12  include the database known as the Florida Sheriffs' Property

13  Recovery Database.  This database shall be the officially

14  recognized statewide database for all pawnshop ticket and

15  second-hand dealer information for which collection is

16  required by law.

17         1.  Any law enforcement official who is authorized by

18  law, and who meets the requirements established by and is

19  approved by the Florida Sheriffs' Association Statewide Task

20  Force, shall have access to the Florida Sheriffs' Property

21  Recovery Database, in a manner prescribed by the Florida

22  Sheriffs' Association Statewide Task Force.

23         2.  In order to establish a more efficient and

24  effective system, the Sheriffs, which includes the Director of

25  Public Safety in Dade County, as the chief law enforcement

26  officers of their respective counties, shall be designated as

27  the central repository agencies for all pawnshop ticket and

28  second-hand dealer information collected in their counties.

29  Any other law enforcement agency collecting this information

30  shall deliver the information, once collected, to the Sheriff

31  of the county in which it is collected, which includes the

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    File original & 9 copies    04/15/98
    hle0002                     10:33 am         04023-leps-633975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4023

    Amendment No. 03 (for drafter's use only)





 1  Director of Public Safety in Dade County, in a manner

 2  prescribed by the Florida Sheriffs' Association Statewide Task

 3  Force.  Upon receiving the information the Sheriffs, which

 4  includes the Director of Public Safety in Dade County, shall

 5  cause the information to be transferred to the Florida

 6  Sheriffs' Property Recovery Database by electronic

 7  transmission or by other means approved by the Florida

 8  Sheriffs' Association Statewide Task Force.

 9         3.  The Florida Sheriffs' Property Recovery Database

10  may be accessed through "FLASH," the Florida Sheriffs'

11  Statewide Computer Networking System, or though any other

12  avenue approved by the Florida Sheriffs' Association Statewide

13  Task Force.

14         4.  The Florida Sheriffs' Association Statewide Task

15  Force shall establish the standards and requirements for

16  transmitting and transferring the information into the

17  statewide system and access approval and fees. 

18         (d)(c)  All goods delivered to a pawnbroker in a pawn

19  or purchase transaction must be securely stored and maintained

20  in an unaltered condition within the jurisdiction of the

21  appropriate law enforcement official for a period of 30

22  calendar days after the transaction. Those goods delivered to

23  a pawnbroker in a purchase transaction may not be sold or

24  otherwise disposed of before the expiration of such period.

25  The pawnbroker shall make all pledged and purchased goods and

26  all records relating to such goods available for inspection by

27  the appropriate law enforcement official during normal

28  business hours throughout such period. The pawnbroker must

29  store and maintain pledged goods for the period prescribed in

30  subsection (10) unless the pledged goods are redeemed earlier;

31  provided, however, that within the first 30 days after the

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    File original & 9 copies    04/15/98
    hle0002                     10:33 am         04023-leps-633975




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4023

    Amendment No. 03 (for drafter's use only)





 1  original pawn, the pledged goods may be redeemed only by the

 2  pledgor or the pledgor's attorney in fact.

 3

 4

 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 1, line 13, after the semicolon,

 8

 9  insert:  providing for a statewide system for collecting and

10  accessing pawnshop ticket and second-hand dealer information;

11  designating the Florida Sheriffs' Association Statewide Task

12  Force as administrator of the system ; providing authorized

13  law enforcement officials access to the database; designating

14  the Sheriffs' offices as central repositories responsible for

15  the transfer of information to the statewide database;

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    File original & 9 copies    04/15/98
    hle0002                     10:33 am         04023-leps-633975