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





                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Bloom offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsections (2), (8), (9), and (16),

18  paragraph (a) of subsection (7), paragraph (b) of subsection

19  (11), and paragraphs (b), (l), and (m) of subsection (12) of

20  section 539.001, Florida Statutes, are amended to read:

21         539.001  The Florida Pawnbroking Act.--

22         (2)  DEFINITIONS.--As used in this section, the term:

23         (a)  "Agency" means the Division of Consumer Services

24  of the Department of Agriculture and Consumer Services.

25         (b)  "Amount financed" is used interchangeably to mean

26  "amount of money advanced" or "principal amount."

27         (c)(b)  "Appropriate law enforcement official" means

28  the sheriff of the county in which a pawnshop is located or,

29  in case of a pawnshop located within a municipality, the

30  police chief of the municipality in which the pawnshop is

31  located; however, any sheriff or police chief may designate as

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  the appropriate law enforcement official for the county or

 2  municipality, as applicable, any law enforcement officer

 3  working within the county or municipality headed by that

 4  sheriff or police chief. Nothing in this subsection limits the

 5  power and responsibilities of the sheriff.

 6         (d)(c)  "Claimant" means a person who claims that his

 7  or her property was misappropriated.

 8         (e)(d)  "Conveying customer" means a person who

 9  delivers property into the custody of a pawnbroker, either by

10  pawn, sale, consignment, or trade.

11         (f)(e)  "Identification" means a government-issued

12  photographic identification or an electronic image taken from

13  a government-issued photographic identification.

14         (g)(f)  "Misappropriated" means stolen, embezzled,

15  converted, or otherwise wrongfully appropriated against the

16  will of the rightful owner.

17         (h)(g)  "Net worth" means total assets less total

18  liabilities.

19         (i)(h)  "Pawn" means any advancement of funds on the

20  security of pledged goods on condition that the pledged goods

21  are left in the possession of the pawnbroker for the duration

22  of the pawn and may be redeemed by the pledgor on the terms

23  and conditions contained in this section.

24         (j)(i)  "Pawnbroker" means any person who is engaged in

25  the business of making pawns; who makes a public display

26  containing the term "pawn," "pawnbroker," or "pawnshop" or any

27  derivative thereof; or who publicly displays a sign or symbol

28  historically identified with pawns.  A pawnbroker may also

29  engage in the business of purchasing goods which includes

30  consignment and trade.

31         (k)(j)  "Pawnbroker transaction form" means the

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  instrument on which a pawnbroker records pawns and purchases

 2  as provided in subsection (8).

 3         (l)(k)  "Pawn service charge" means a charge for

 4  investigating the title, storage, and insuring of the

 5  security; closing the transaction; making daily reports to

 6  appropriate law enforcement officials; expenses and losses;

 7  and all other services.

 8         (m)(l)  "Pawnshop" means the location at which a

 9  pawnbroker conducts business.

10         (n)(m)  "Permitted vendor" means a vendor who furnishes

11  a pawnbroker with an invoice specifying the vendor's name and

12  address, the date of the sale, a description of the items

13  sold, and the sales price, and who has an established place of

14  business, or, in the case of a secondhand dealer as defined in

15  s. 538.03, has represented in writing that such dealer has

16  complied with all applicable recordkeeping, reporting, and

17  retention requirements pertaining to goods sold or otherwise

18  delivered to a pawnbroker.

19         (o)(n)  "Person" means an individual, partnership,

20  corporation, joint venture, trust, association, or other legal

21  entity.

22         (p)(o)  "Pledged goods" means tangible personal

23  property that is deposited with, or otherwise delivered into

24  the possession of a pawnbroker in connection with a pawn.

25  "Pledged goods" does not include titles or any other form of

26  written security in tangible property in lieu of actual

27  physical possession, including, but not limited to, choses in

28  action, securities, printed evidence of indebtedness, or

29  certificates of title and other instruments evidencing title

30  to separate items of property, including motor vehicles. For

31  purposes of federal and state bankruptcy laws, a pledgor's

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  interest in his or her pledged goods during the pendency of a

 2  pawn is a right of redemption only.

 3         (q)(p)  "Pledgor" means an individual who delivers

 4  pledged goods into the possession of a pawnbroker in

 5  connection with a pawn.

 6         (r)(q)  "Purchase" means the transfer and delivery of

 7  goods, by a person other than a permitted vendor, to a

 8  pawnbroker by acquisition for value, consignment, or trade for

 9  other goods.

10         (s)(r)  "Amount financed" is used interchangeably to

11  mean the same as "amount of money advanced" or "principal

12  amount".

13         (t)(s)  "Default date" means that date upon which the

14  pledgor's right of redemption expires and absolute right,

15  title, and interest in and to the pledged goods shall vest in

16  and shall be deemed conveyed to the pawnbroker by operation of

17  law.

18         (u)(t)  "Beneficial owner" means a person who does not

19  have title to property but has rights in the property which

20  are the normal incident of owning the property.

21         (v)(u)  "Operator" means a person who has charge of a

22  corporation or company and has control of its business, or of

23  its branch establishments, divisions, or departments, and who

24  is vested with a certain amount of discretion and independent

25  judgment.

26         (7)  ORDERS IMPOSING PENALTIES.--

27         (a)  The agency may enter an order imposing one or more

28  of the penalties set forth in paragraph (b) if the agency

29  finds that a pawnbroker:

30         1.  Violated or is operating in violation of any of the

31  provisions of this section or of the rules adopted or orders

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  issued thereunder;

 2         2.  Made a material false statement in any application,

 3  document, or record required to be submitted or retained under

 4  this section;

 5         3.  Refused or failed, or any of its principal officers

 6  has refused or failed, after notice, to produce any document

 7  or records or disclose any information required to be produced

 8  or disclosed under this section or the rules of the agency;

 9         4.  Made a material false statement in response to any

10  request or investigation by the agency, the Department of

11  Legal Affairs, or the state attorney; or

12         5.  Has intentionally defrauded the public through

13  dishonest or deceptive means.

14         (8)  PAWNBROKER TRANSACTION FORM.--

15         (a)  At the time the pawnbroker enters into any pawn or

16  purchase transaction, the pawnbroker shall complete a

17  pawnbroker transaction form for such transaction, including an

18  indication of whether the transaction is a pawn or a purchase,

19  and the pledgor or seller shall sign such completed form. The

20  agency must approve the design and format of the pawnbroker

21  transaction form, which must be 8 1/2  inches x 11 inches in

22  size and elicit the information required under this section.

23  In completing the pawnbroker transaction form, the pawnbroker

24  shall record the following information, which must be typed or

25  printed in black ink written indelibly and legibly in English.

26         (b)  The front of the pawnbroker transaction form must

27  include:

28         1.  The name and address of the pawnshop.

29         2.  A complete and accurate printed description of the

30  pledged goods or purchased goods, notwithstanding product

31  identification letter codes imprinted on the form, including

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  the following information, if applicable:

 2         a.  Brand name.

 3         b.  Model number.

 4         c.  Manufacturer's serial number.

 5         d.  Size.

 6         e.  Color, as apparent to the untrained eye.

 7         f.  Precious metal type, weight, and content, if known.

 8         g.  Gemstone description, including the number of

 9  stones.

10         h.  In the case of firearms, the type of action,

11  caliber or gauge, number of barrels, barrel length, and

12  finish.

13         i.  Any other unique identifying marks, numbers, names,

14  or letters.

15

16  Notwithstanding sub-subparagraphs a.-i., in the case of

17  multiple items of a similar nature delivered together in one

18  transaction which do not bear serial or model numbers and

19  which do not include precious metal or gemstones, such as

20  musical or video recordings, books, and hand tools, the

21  description of the items is adequate if it contains the

22  quantity of items and a description of the type of items

23  delivered.

24         3.  The name, the current address, home telephone

25  number, and place of employment, the date of birth, a physical

26  description, and a substantial likeness of the right

27  thumbprint of the pledgor or seller.

28         4.  The date and time of the transaction.

29         5.  The type of identification accepted from the

30  pledgor or seller, including the issuing agency and the

31  identification number.

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1         6.  In the case of a pawn:

 2         a.  The amount of money advanced, which must be

 3  designated as the amount financed;

 4         b.  The maturity date of the pawn, which must be 30

 5  days after the date of the pawn;

 6         c.  The last default date of redemption of the pawn and

 7  the amount due on the last default date of redemption;

 8         d.  The total pawn service charge payable on the

 9  maturity date, which must be designated as the finance charge;

10         e.  The amount financed plus the finance charge that

11  must be paid to redeem the pledged goods on the maturity date,

12  which must be designated as the total of payments;

13         f.  The annual percentage rate, computed according to

14  the regulations adopted by the Federal Reserve Board under the

15  federal Truth in Lending Act; and

16         g.  The front or back of the pawnbroker transaction

17  form must include a statement that:

18         (I)  Any personal property pledged to a pawnbroker

19  within this state which is not redeemed within 30 days

20  following the maturity date of the pawn, if the 30th day is

21  not a business day, then the following business day, is

22  automatically forfeited to the pawnbroker, and absolute right,

23  title, and interest in and to the property vests in and is

24  deemed conveyed to the pawnbroker by operation of law, and no

25  further notice is necessary;

26         (II)  The pledgor is not obligated to redeem the

27  pledged goods; and

28         (III)  If the pawnbroker transaction form is lost,

29  destroyed, or stolen, the pledgor must immediately advise the

30  issuing pawnbroker in writing by certified or registered mail,

31  return receipt requested, or in person evidenced by a signed

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  receipt.

 2         (IV)  A pawn may be extended upon mutual agreement of

 3  the parties.

 4         7.  In the case of a purchase, the amount of money paid

 5  for the goods or the monetary value assigned to the goods in

 6  connection with the transaction.

 7         8.  A statement that the pledgor or seller of the item

 8  represents and warrants that it is not stolen, that it has no

 9  liens or encumbrances against it, and that the pledgor or

10  seller is the rightful owner of the goods and has the right to

11  enter into the transaction.

12         9.  The name, initials, or employee identification

13  number of the clerk completing the transaction form.

14

15  Any person who knowingly gives false verification of ownership

16  or gives a false or altered identification and who receives

17  money from a pawnbroker for goods sold or pledged commits:

18         a.  If the value of the money received is less than

19  $300, a felony of the third degree, punishable as provided in

20  s. 775.082, s. 775.083, or s. 775.084.

21         b.  If the value of the money received is $300 or more,

22  a felony of the second degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084.

24         (9)  RECORDKEEPING; REPORTING; HOLD PERIOD.--

25         (a)  A pawnbroker must maintain a copy of each

26  completed pawnbroker transaction form on the pawnshop premises

27  for at least 1 year after the date of the transaction. On or

28  before the end of each business day, the pawnbroker must

29  deliver to the appropriate law enforcement official the

30  original pawnbroker transaction forms for each of the

31  transactions occurring during the previous business day,

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  unless other arrangements have been agreed upon between the

 2  pawnbroker and the appropriate law enforcement official. The

 3  sheriff, as chief law enforcement officer of the county, or

 4  the director of the department of public safety when there is

 5  no sheriff, is designated as the central repository for copies

 6  of all pawnbroker transaction forms collected by the

 7  appropriate law enforcement official in the county. Upon

 8  request by the sheriff or public safety director, the

 9  appropriate law enforcement official shall submit a copy of

10  each pawnbroker transaction form to the sheriff or public

11  safety director within a time and in such form as is

12  determined by the sheriff or public safety director after

13  consultation with the appropriate law enforcement official. If

14  the original transaction form is lost or destroyed by the

15  appropriate law enforcement official, a copy may be used by

16  the pawnbroker as evidence in court. When an electronic image

17  of a pledgor or seller identification is accepted for a

18  transaction, the pawnbroker must maintain the electronic image

19  in order to meet the same recordkeeping requirements as for

20  the original transaction form. If a criminal investigation

21  occurs, the pawnbroker shall, upon request, provide a clear

22  and legible copy of the image to the appropriate law

23  enforcement official.

24         (b)  If the appropriate law enforcement agency supplies

25  the appropriate software and the pawnbroker presently has the

26  computer ability, pawn transactions shall be electronically

27  transferred. If a pawnbroker does not presently have the

28  computer ability, the appropriate law enforcement agency may

29  provide the pawnbroker with a computer and all necessary

30  equipment for the purpose of electronically transferring pawn

31  transactions. The appropriate law enforcement agency shall

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  retain ownership of the computer, unless otherwise agreed

 2  upon. The pawnbroker shall maintain the computer in good

 3  working order, ordinary wear and tear excepted. These

 4  computerized records must provide for the export of pawn

 5  transaction data in the file format and manner specified by

 6  the sheriff for inclusion in the statewide database. In the

 7  event the pawnbroker transfers pawn transactions

 8  electronically, the pawnbroker is not required to also deliver

 9  to the appropriate law enforcement official the original or

10  copies of the pawnbroker transaction forms. For audit

11  purposes, the appropriate law enforcement official may

12  manually collect the original or a copy of the completed

13  transaction forms for review, with those forms being returned

14  to the pawnbroker within 15 business days. The appropriate law

15  enforcement official may, for the purposes of a criminal

16  investigation, request that the pawnbroker produce an original

17  of a transaction form that has been electronically

18  transferred. The pawnbroker shall deliver this form to the

19  appropriate law enforcement official within 24 hours of the

20  request.

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

22  and accessing pawnshop ticket and second-hand dealer

23  information as defined in chapters 538 and 539. The system

24  shall be administered by the sheriffs and shall include the

25  database known as the Florida Sheriffs' Property Recovery

26  Database.  This database shall be the officially recognized

27  statewide database for all pawnshop ticket and second-hand

28  dealer information for which collection is required by law.

29         1.  Any law enforcement official who is authorized by

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

31  approved by the sheriffs shall have access to the Florida

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  Sheriffs' Property Recovery Database, in a manner prescribed

 2  by the sheriffs.

 3         2.  In order to establish a more efficient and

 4  effective system, the sheriffs, which includes the Director of

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

 6  officers of their respective counties, shall be designated as

 7  the central repository agencies for all pawnshop ticket and

 8  second-hand dealer information collected in their counties.

 9  Any other law enforcement agency collecting this information

10  shall deliver the information, once collected, to the sheriff

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

12  Director of Public Safety in Miami-Dade County, in a manner

13  prescribed by the sheriffs.  Upon receiving the information

14  the sheriffs, which includes the Director of Public Safety in

15  Miami-Dade County, shall cause the information to be

16  transferred to the Florida Sheriffs' Property Recovery

17  Database by electronic transmission or by other means approved

18  by the sheriffs.

19         3.  The Florida Sheriffs' Property Recovery Database

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

21  Statewide Computer Networking System, or through any other

22  avenue approved by the sheriffs. Any costs or fees incurred or

23  to be incurred by the Florida Department of Law Enforcement or

24  the Florida police chiefs must be approved by the Department

25  of Law Enforcement and the Florida Police Chiefs' Association

26  jointly. No costs or fees shall be assessed to law enforcement

27  agencies within this state to access the Florida Sheriffs'

28  Property Recovery Database. Data that are supplied to the

29  sheriffs may not be sold to private entities.

30         4.  The sheriffs, in consultation with the Florida

31  Police Chiefs' Association and the Department of Law

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  Enforcement, shall establish the standards and requirements

 2  for transmitting and transferring the information into the

 3  statewide system and access approval.

 4         5.  Routine automated queries of the FCIC/NCIC system

 5  by the Florida Sheriffs' Property Recovery Database within the

 6  statewide computer system shall be limited to queries

 7  regarding stolen property.

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

 9  or purchase transaction must be securely stored and maintained

10  in an unaltered condition within the jurisdiction of the

11  appropriate law enforcement official for a period of 30

12  calendar days after the transaction. Those goods delivered to

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

14  otherwise disposed of before the expiration of such period.

15  The pawnbroker shall make all pledged and purchased goods and

16  all records relating to such goods available for inspection by

17  the appropriate law enforcement official during normal

18  business hours throughout such period. The pawnbroker must

19  store and maintain pledged goods for the period prescribed in

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

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

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

23  pledgor or the pledgor's attorney in fact.

24         (11)  PAWN SERVICE CHARGES.--

25         (b)  The default date of any pawn may be extended to a

26  subsequent date by mutual agreement, between the pledgor and

27  the pawnbroker except the pawnbroker may not impose a minimum

28  duration of more than 30 days, evidenced by a written

29  memorandum, a copy of which must be supplied to the pledgor,

30  which must clearly specify the new default date, and the pawn

31  service charges owed on the new default date. In this event,

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  the daily pawn service charge for the extension shall be equal

 2  to the pawn service charge for the original 30-day period

 3  divided by 30 days (i.e., one-thirtieth of the original total

 4  pawn service charge). There is no limit on the number of

 5  extensions that the parties may agree to.

 6         (12)  PROHIBITED ACTS.--A pawnbroker, or an employee or

 7  agent of a pawnbroker, may not:

 8         (b)  Refuse to allow the agency, the appropriate law

 9  enforcement official, or the state attorney, or any of their

10  designated representatives having jurisdiction, to inspect

11  completed pawnbroker transaction forms or any record

12  pertaining to such transactions, including computer records,

13  or pledged or purchased goods during the ordinary hours of the

14  pawnbroker's business or other time acceptable to both

15  parties. Upon request of the alleged owner or claimant of the

16  disputed property, the appropriate law enforcement official

17  shall disclose to a claimant or alleged owner the name and

18  address of the pawnbroker, the name and address of the

19  conveying customer, and a description of disputed property

20  that has been pawned, purchased, or consigned goods that the

21  claimant claims to be misappropriated. Any locations other

22  than the licensed location used for storage must be disclosed

23  to the law enforcement officer.

24         (l)  Operate a pawnshop between the hours of 10 p.m.

25  and 7 a.m.

26         (m)  Knowingly hire anyone to work in a pawnshop who

27  has been convicted of, or entered a plea of guilty or nolo

28  contendere to, or had adjudication withheld for a felony

29  within the last 5 years, or been convicted of, or entered a

30  plea of guilty or nolo contendere to, or had adjudication

31  withheld for a crime within the last 5 years which involves

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  theft, larceny, dealing in stolen property, receiving stolen

 2  property, burglary, embezzlement, obtaining property by false

 3  pretenses, possession of altered property, or any fraudulent,

 4  or dishonest dealing.

 5         (16)  HOLD ORDERS; ISSUANCE; REQUIRED INFORMATION;

 6  PROCEDURES.--

 7         (a)  When an appropriate law enforcement official in

 8  this state has probable cause to believe that property in the

 9  possession of a pawnbroker is misappropriated, the official

10  may place a written hold order on the property.  The written

11  hold order shall impose a holding period not to exceed 120 90

12  days unless extended by court order. The appropriate law

13  enforcement official in this state may rescind, in writing,

14  any hold order. An appropriate law enforcement official may

15  place only one hold order on property.

16         (b)  Upon the expiration of the holding period, the

17  pawnbroker shall notify, in writing, a the appropriate law

18  enforcement official in this state by certified mail, return

19  receipt requested, that the holding period has expired.  If,

20  on the 10th day after the written notice has been received by

21  a the appropriate law enforcement official in this state, the

22  pawnbroker has not received from a court an extension of the

23  hold order on the property and the property is not the subject

24  of a proceeding under subsection (15), title to the property

25  shall vest in and be deemed conveyed by operation of law to

26  the pawnbroker, free of any liability for claims but subject

27  to any restrictions contained in the pawn transaction contract

28  and subject to the provisions of this section.

29         (c)  A hold order must specify:

30         1.  The name and address of the pawnbroker.

31         2.  The name, title, and identification number of the

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  representative of the appropriate law enforcement official or

 2  the court placing the hold order.

 3         3.  If applicable, the name and address of the

 4  appropriate law enforcement official in this state or court to

 5  which such representative is attached and the number, if any,

 6  assigned to the claim regarding the property.

 7         4.  A complete description of the property to be held,

 8  including model number and serial number if applicable.

 9         5.  The name of the person reporting the property to be

10  misappropriated unless otherwise prohibited by law.

11         6.  The mailing address of the pawnbroker where the

12  property is held.

13         7.  The expiration date of the holding period.

14         (d)  The pawnbroker or the pawnbroker's representative

15  must sign and date a copy of the hold order as evidence of

16  receipt of the hold order and the beginning of the 90-day

17  holding period.

18         (e)1.  Except as provided in subparagraph 2., a

19  pawnbroker may not release or dispose of property subject to a

20  hold order except pursuant to a court order, a written release

21  from a the appropriate law enforcement official in this state,

22  or the expiration of the holding period of the hold order.

23         2.  While a hold order is in effect, the pawnbroker

24  must upon request release the property subject to the hold

25  order to the custody of the appropriate law enforcement

26  official in this state for use in a criminal investigation.

27  The release of the property to the custody of the appropriate

28  law enforcement official in this state is not considered a

29  waiver or release of the pawnbroker's property rights or

30  interest in the property. Upon completion of the criminal

31  proceeding, the property must be returned to the pawnbroker

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  unless the court orders other disposition. When such other

 2  disposition is ordered, the court shall additionally order the

 3  conveying customer to pay restitution to the pawnbroker in the

 4  amount received by the conveying customer for the property

 5  together with reasonable attorney's fees and costs.

 6         Section 2.  Subsection (1) of section 539.003, Florida

 7  Statutes, is amended to read:

 8         539.003  Confidentiality.--

 9         (1)  All records relating to pawnbroker transactions

10  delivered to appropriate law enforcement officials pursuant to

11  s. 539.001 are confidential and exempt from the provisions of

12  s. 119.07(1) and s. 24(a), Art. I of the State Constitution

13  and may be used only for official law enforcement purposes.

14  This section does not prohibit the disclosure by the

15  appropriate law enforcement officials of the name and address

16  of the pawnbroker, the name and address of the conveying

17  customer, or a description of pawned, purchased, or conveyed

18  property to the alleged owner of pawned property.

19         Section 3.  Present subsections (3), (4), and (5) of

20  section 538.04, Florida Statutes, 1998 Supplement, are

21  redesignated as subsections (4), (5), and (6), respectively,

22  and a new subsection (3) is added to that section to read:

23         538.04  Recordkeeping requirements; penalties.--

24         (3)  If the appropriate law enforcement agency supplies

25  the appropriate software and the secondhand dealer presently

26  has computer capability, transactions of secondhand goods

27  shall be electronically transferred. If a secondhand dealer

28  does not presently have computer capability, the appropriate

29  law enforcement agency may provide the secondhand dealer with

30  a computer and all necessary equipment for the purpose of

31  electronically transferring transactions of secondhand goods.

                                  16

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1  The appropriate law enforcement agency shall retain ownership

 2  of the computer, unless otherwise agreed upon. The secondhand

 3  dealer shall maintain the computer in good working order,

 4  ordinary wear and tear excepted. In the event the secondhand

 5  dealer transfers transactions of secondhand goods

 6  electronically, the secondhand dealer is not also required to

 7  deliver to the appropriate law enforcement official the

 8  original or copies of the secondhand goods transaction forms.

 9  The appropriate law enforcement official may, for the purposes

10  of a criminal investigation, request that the secondhand

11  dealer produce an original of a transaction form that has been

12  electronically transferred. The secondhand dealer shall

13  deliver this form to the appropriate law enforcement official

14  within 24 hours of the request.

15         Section 4.  If any provision of this act or the

16  application thereof to any person or circumstance is held

17  invalid, the invalidity does not affect other provisions or

18  applications of the act which can be given effect without the

19  invalid provision or application, and to this end the

20  provisions of this act are declared severable.

21         Section 5.  This act shall take effect upon becoming a

22  law.

23

24

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

26  And the title is amended as follows:

27  remove from the title of the bill:  the entire title

28

29  and insert in lieu thereof:

30                  A bill to be entitled

31         An act relating to pawnbroking, secondhand

                                  17

    File original & 9 copies    04/22/99
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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1         dealers, and stolen property; amending s.

 2         539.001, F.S.; defining terms; modifying

 3         findings required of the Division of Consumer

 4         Services of the Department of Agriculture and

 5         Consumer Services for orders imposing

 6         penalties; requiring approval of pawnbroker

 7         transaction forms; revising content of such

 8         forms; revising recordkeeping requirements for

 9         pawnbrokers to provide that the sheriff or the

10         director of the department of public safety is

11         designated as the central repository for copies

12         of all pawnbroker transaction forms collected

13         by law enforcement officials; providing for

14         submission of pawnbroker transaction forms to

15         the sheriff or public safety director upon

16         request; requiring pawnbrokers to computerize

17         their records by a specified date; providing

18         for a statewide system for collecting and

19         accessing pawnshop ticket and second-hand

20         dealer information; designating the sheriffs as

21         administrators of the system; providing

22         authorized law enforcement officials access to

23         the database; designating the sheriffs' offices

24         as central repositories responsible for the

25         transfer of information to the statewide

26         database; providing that the sheriffs, in

27         consultation with the Florida Police Chiefs and

28         the Department of Law Enforcement, must

29         establish standards for transmitting

30         information into the statewide system;

31         providing for fees; limiting the scope of

                                  18

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                                                   HOUSE AMENDMENT

    hbd-06                                   Bill No. CS/CS/HB 555

    Amendment No.     (for drafter's use only)





 1         certain database searches; prescribing certain

 2         prohibited acts; modifying procedures for hold

 3         orders; amending s. 539.003, F.S.; deleting an

 4         exception to confidentiality of records of

 5         pawnbroker transactions; amending s. 538.04,

 6         F.S.; providing for electronic transfer of

 7         transactions of secondhand goods; authorizing

 8         law enforcement agencies to provide a

 9         secondhand dealer with a computer and necessary

10         equipment for the electronic transfer of

11         transactions of secondhand goods; providing

12         procedures with respect to the electronic

13         transfer of transactions of secondhand goods;

14         providing for severability; providing an

15         effective date.

16

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                                  19

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