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27  Florida Statutes, and shall stand repealed on October 2, 2005,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

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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.
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