House Bill 2389

    Florida House of Representatives - 2000                HB 2389

        By Representative Bense






  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 House Bill 1937 are confidential and

17  exempt from section 119.07(1), Florida Statutes, 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 Department of Law

21  Enforcement of the name and address of the pawnbroker, the

22  name and address of the conveying customer, or a description

23  of pawned property to the alleged owner of pawned property.

24         (2)  This section is subject to the Open Government

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

26  Florida Statutes, and shall stand repealed on October 2, 2005,

27  unless reviewed and saved from repeal through reenactment by

28  the Legislature

29         Section 2.  The Legislature provided a comprehensive

30  revision of the laws licensing and regulating pawnbrokers when

31  it enacted the Florida Pawnbroking Act in chapter 96-242, Laws

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






    Florida House of Representatives - 2000                HB 2389

    725-118-00






  1  of Florida. When it created that act, the Legislature also

  2  made information relating to pawnbroker transactions

  3  confidential and exempt from section 119.07(1), Florida

  4  Statutes, and Section 24(a), Article I of the State

  5  Constitution, in chapter 96-241, Laws of Florida.  In creating

  6  this exemption, the Legislature determined that information

  7  relating to pawnbroker transactions is of a sensitive and

  8  personal nature to the pledgor or seller of pledged goods and

  9  thus found that it is a public necessity that such information

10  be held confidential and exempt from the public records law.

11  The Legislature now determines that this information should

12  remain confidential and exempt when it is delivered or

13  electronically transferred directly to the Department of Law

14  Enforcement pursuant to Section 1 of House Bill 1937. The

15  Legislature finds that it is a public necessity that such

16  information be held confidential and exempt from the public

17  records law.

18         Section 3.  This act shall take effect on the effective

19  date of House Bill 1937 or similar legislation relating to

20  misappropriated pawned and secondhand property enforcement, or

21  if such legislation is adopted in the same legislative session

22  or an extension thereof and becomes law.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Exempts certain records relating to pawnbroker
27    transactions submitted to the Department of Law
      Enforcement from the requirements of the public records
28    law.

29

30

31

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