Senate Bill 1128

    Florida Senate - 2000                                  SB 1128

    By Senator Campbell





    33-93-00

  1                      A bill to be entitled

  2         An act establishing a statewide database for

  3         accessing records from pawnshop transaction

  4         forms and secondhand-goods acquisition records;

  5         designating the Department of Law Enforcement

  6         as administrator of the system; providing

  7         authorized access to the database; designating

  8         agencies responsible for the transfer of

  9         information to the database in a manner

10         approved by the Department of Law Enforcement;

11         providing that the Department of Law

12         Enforcement must establish standards for

13         transmitting information into the statewide

14         system in consultation with the Florida

15         Sheriffs' Association and the Florida Police

16         Chiefs' Association; limiting the scope of

17         certain database searches; providing rulemaking

18         authority; providing for confidentiality for

19         records submitted; providing for future review

20         and repeal; providing a finding of public

21         necessity; establishing an effective date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  (1)  The Department of Law Enforcement

26  shall establish and maintain a database of pawnshop and

27  secondhand-goods transactions submitted to it from local law

28  enforcement agencies.

29         (2)  Local law enforcement agencies that have collected

30  records of pawnshop transactions or secondhand-goods

31  acquisitions under chapter 538, Florida Statutes, or chapter

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






    Florida Senate - 2000                                  SB 1128
    33-93-00




  1  539, Florida Statutes, shall transfer the information

  2  contained in the records to the department in a format and

  3  manner that are established by the department after

  4  consultation with the Florida Sheriffs' Association and the

  5  Florida Police Chiefs' Association.

  6         (3)  The database established by the department may be

  7  accessed by a law enforcement agency for official

  8  investigative purposes only. The department may not without

  9  legislative authority, sell or otherwise provide to private

10  entities the information supplied to it.

11         (4)  The department shall adopt rules pursuant to

12  chapter 120, Florida Statutes, to administer the provisions of

13  this act.

14         Section 2.  All records relating to secondhand goods

15  acquisitions delivered to a police department or sheriff's

16  department pursuant to section 538.04, Florida Statutes, are

17  exempt from the provisions of section 119.07(1) and section

18  24(a), Article I of the State Constitution and may be used

19  only for official law enforcement purposes. This section does

20  not prohibit the disclosure by the police department or

21  sheriff's department receiving the records, or by the Florida

22  Department of Law Enforcement, of the name and address of the

23  secondhand dealer, the name and address of the conveying

24  customer, or a description of the property acquired by the

25  secondhand dealer to the alleged owner of the acquired

26  property. This section is subject to the Open Government

27  Sunset Review Act of 1995 in accordance with section 119.15,

28  Florida Statutes, and shall stand repealed on October 2, 2005,

29  unless reviewed and saved from repeal through reenactment by

30  the Legislature.

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






    Florida Senate - 2000                                  SB 1128
    33-93-00




  1         Section 3.  The Legislature finds that the exemption

  2  from the public records law of records relating to

  3  secondhand-goods acquisitions delivered to a police department

  4  or to a sheriff's department serves a legitimate public

  5  purpose. The Legislature further finds that the release of

  6  such information would cause an unwarranted invasion into the

  7  life of the previous owner of the secondhand goods and that

  8  there is no overriding public interest to be served in

  9  allowing such information to be made public. The Legislature

10  further finds that such exemption is necessary in order for

11  law enforcement agencies and the Department of Law Enforcement

12  to carry out their duties.

13         Section 4.  This act shall take effect July 1, 2000.

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16                          SENATE SUMMARY

17    Requires the Department of Law Enforcement to establish
      and maintain a database of pawnshop and secondhand goods
18    transaction information received from local law
      enforcement agencies. Requires agencies that have
19    collected such information to transfer the information to
      the department in a format established by the department
20    in consultation with the Florida Sheriffs' Association
      and the Florida Police Chiefs Association. Provides for
21    access to such information by a law enforcement officer
      for official investigative purposes only. Prohibits the
22    department from selling or providing the information to
      private entities without legislative authority. Provides
23    rulemaking authority to the department. Exempts such
      information from the public records. Provides an
24    exception. Provides for future review and repeal.
      Provides a statement of public necessity.
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