Senate Bill 1732c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1732
By the Committee on Banking and Insurance; and Senator
Campbell
311-2049A-00
1 A bill to be entitled
2 An act relating to public records; exempting
3 certain records relating to pawnbroker
4 transactions which are submitted to the
5 Department of Law Enforcement from the
6 requirements of the public records law;
7 providing certain exceptions; providing for
8 future review and repeal; providing a finding
9 of public necessity; providing a contingent
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. (1) All records relating to pawnbroker
15 transactions delivered to the Department of Law Enforcement
16 pursuant to Section 1 of Committee Substitute for Senate Bill
17 1598 are confidential and exempt from section 119.07(1),
18 Florida Statutes, and Section 24(a), Article I of the State
19 Constitution and may be used only for official law enforcement
20 purposes. This section does not prohibit the disclosure by the
21 Department of Law Enforcement of the name and address of the
22 pawnbroker, the name and address of the conveying customer, or
23 a description of pawned property to the alleged owner of
24 pawned property.
25 (2) This section is subject to the Open Government
26 Sunset Review Act of 1995 in accordance with section 119.15,
27 Florida Statutes, and shall stand repealed on October 2, 2005,
28 unless reviewed and saved from repeal through reenactment by
29 the Legislature.
30 Section 2. The Legislature provided a comprehensive
31 revision of the laws licensing and regulating pawnbrokers when
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1732
311-2049A-00
1 it enacted the Florida Pawnbroking Act in chapter 96-242, Laws
2 of Florida. When it created that act, the Legislature also
3 made information relating to pawnbroker transactions
4 confidential and exempt from section 119.07(1), Florida
5 Statutes, and Section 24(a), Article I of the State
6 Constitution, in chapter 96-241, Laws of Florida. In creating
7 this exemption, the Legislature determined that information
8 relating to pawnbroker transactions is of a sensitive and
9 personal nature to the pledgor or seller of pledged goods and
10 thus found that it is a public necessity that such information
11 be held confidential and exempt from the public records law.
12 The Legislature now determines that this information should
13 remain confidential and exempt when it is delivered or
14 electronically transferred directly to the Department of Law
15 Enforcement pursuant to Section 1 of Committee Substitute for
16 Senate Bill 1598. The Legislature finds that it is a public
17 necessity that such information be held confidential and
18 exempt from the public records law.
19 Section 3. This act shall take effect on the effective
20 date of Committee Substitute for Committee Substitute for
21 Senate Bill 1598, relating to pawnbrokers and secondhand
22 dealers, enacted during the 2000 Regular Session of the
23 Legislature or an extension thereof.
24
25 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
26 Senate Bill 1732
27
28 Provides that the records relating to pawnbroker transactions
which are delivered to the Florida Department of Law
29 Enforcement (FDLE) are confidential and exempt from the public
records law. Such records may be used only for official law
30 enforcement purposes, however, FDLE may disclose specified
information to the alleged owner of pawned property. The bill
31 provides for future review and contains a statement of public
necessity.
2