House Bill 0903

    Florida House of Representatives - 2000                 HB 903

        By Representative Bloom






  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; providing 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 House of Representatives - 2000                 HB 903

    252-385-00






  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), Florida

18  Statutes, and s. 24(a), Art. I of the State Constitution and

19  may be used only for official law enforcement purposes. This

20  section does not prohibit the disclosure by the police

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

22  by the Florida Department of Law Enforcement, of the name and

23  address of the secondhand dealer, the name and address of the

24  conveying customer, or a description of the property acquired

25  by the 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 House of Representatives - 2000                 HB 903

    252-385-00






  1         Section 3.  The Legislature finds that the exemption

  2  from the public records law of records relating to secondhand

  3  goods acquisitions delivered to a police department or to a

  4  sheriff's department serves a legitimate public purpose. The

  5  Legislature further finds that the release of such information

  6  would cause an unwarranted invasion into the life of the

  7  previous owner of the secondhand goods and that there is no

  8  overriding public interest to be served in allowing such

  9  information to be made public. The Legislature further finds

10  that such exemption is necessary in order for law enforcement

11  agencies and the Department of Law Enforcement to carry out

12  their duties.

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

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16                       LEGISLATIVE 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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