Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Banking and Insurance (Fasano) recommended
12 the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 538.03, Florida Statutes, is
19 amended to read:
20 538.03 Definitions; applicability.--
21 (1) As used in this part, the term:
22 (a) "Secondhand dealer" means any person, corporation,
23 or other business organization or entity which is not a
24 secondary metals recycler subject to part II and which is
25 engaged in the business of purchasing, consigning, or trading
26 pawning secondhand goods. However, secondhand dealers are not
27 limited to dealing only in items defined as secondhand goods
28 in paragraph (g). Except as provided in subsection (2), the
29 term means pawnbrokers, jewelers, precious metals dealers,
30 garage sale operators, secondhand stores, and consignment
31 shops.
1
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 (b) "Precious metals dealer" means a secondhand dealer
2 who normally or regularly engages in the business of buying
3 used precious metals for resale. The term does not include
4 those persons involved in the bulk sale of precious metals
5 from one secondhand or precious metals dealer to another.
6 (c) "Pawnbroker" means any person, corporation, or
7 other business organization or entity which is regularly
8 engaged in the business of making pawns but does not include a
9 financial institution as defined in s. 655.005 or any person
10 who regularly loans money or any other thing of value on
11 stocks, bonds, or other securities.
12 (d) "Pawn" means either of the following transactions:
13 1. Loan of money.--A written or oral bailment of
14 personal property as security for an engagement or debt,
15 redeemable on certain terms and with the implied power of sale
16 on default.
17 2. Buy-sell agreement.--An agreement whereby a
18 purchaser agrees to hold property for a specified period of
19 time to allow the seller the exclusive right to repurchase the
20 property. A buy-sell agreement is not a loan of money.
21 (c)(e) "Secondhand store" means the place or premises
22 at which a secondhand dealer is registered to conduct business
23 as a secondhand dealer, or conducts business, including pawn
24 shops.
25 (d)(f) "Consignment shop" means a shop engaging in the
26 business of accepting for sale, on consignment, secondhand
27 goods which, having once been used or transferred from the
28 manufacturer to the dealer, are then received into the
29 possession of a third party.
30 (e) "Acquire" means to obtain by purchase,
31 consignment, or trade.
2
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 (f)(g) "Secondhand goods" means personal property
2 previously owned or used, which is not regulated metals
3 property regulated under part II and which is purchased,
4 consigned, or traded pawned as used property. Such secondhand
5 goods shall not include office furniture, pianos, books,
6 clothing, organs, coins, motor vehicles, costume jewelry, and
7 secondhand sports equipment that is not permanently labeled
8 with a serial number. For purposes of this paragraph,
9 "secondhand sports equipment" does not include golf clubs. be
10 limited to watches; diamonds, gems, and other precious stones;
11 fishing rods, reels, and tackle; audio and video electronic
12 equipment, including television sets, compact disc players,
13 radios, amplifiers, receivers, turntables, tape recorders;
14 video tape recorders; speakers and citizens' band radios;
15 computer equipment; radar detectors; depth finders; trolling
16 motors; outboard motors; sterling silver flatware and serving
17 pieces; photographic equipment, including cameras, video and
18 film cameras, lenses, electronic flashes, tripods, and
19 developing equipment; microwave ovens; animal fur coats;
20 marine equipment; video games and cartridges; power lawn and
21 landscape equipment; office equipment such as copiers, fax
22 machines, and postage machines but excluding furniture; sports
23 equipment; golf clubs; weapons, including knives, swords, and
24 air guns; telephones, including cellular and portable;
25 firearms; tools; calculators; musical instruments, excluding
26 pianos and organs; lawnmowers; bicycles; typewriters; motor
27 vehicles; gold, silver, platinum, and other precious metals
28 excluding coins; and jewelry, excluding costume jewelry.
29 (g)(h) "Transaction" means any purchase, consignment,
30 or trade pawn of secondhand goods by a secondhand dealer.
31 (h)(i) "Precious metals" means any item containing any
3
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 gold, silver, or platinum, or any combination thereof,
2 excluding:
3 1. any chemical or any automotive, photographic,
4 electrical, medical, or dental materials or electronic parts.
5 2. Any coin with an intrinsic value less than its
6 numismatic value.
7 3. Any gold bullion coin.
8 4. Any gold, silver, or platinum bullion that has been
9 assayed and is properly marked as to its weight and fineness.
10 5. Any coin which is mounted in a jewelry setting.
11 (i)(j) "Department" means the Department of Revenue.
12 (k) "Pledge" means pawn or buy-sell agreement.
13 (2) This chapter does not apply to:
14 (a) Any secondhand goods transaction involving an
15 organization or entity registered with the state as a
16 nonprofit, religious, or charitable organization or any
17 school-sponsored association or organization other than a
18 secondary metals recycler subject to the provisions of part
19 II.
20 (b) A law enforcement officer acting in an official
21 capacity.
22 (c) A trustee in bankruptcy, executor, administrator,
23 or receiver who has presented proof of such status to the
24 secondhand dealer.
25 (d) Any public official acting under judicial process
26 or authority who has presented proof of such status to the
27 secondhand dealer.
28 (e) A sale on the execution, or by virtue of any
29 process issued by a court, if proof thereof has been presented
30 to the secondhand dealer.
31 (f) Any garage sale operator who holds garage sales
4
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 less than 10 weekends per year.
2 (g) Any person at antique, coin, or collectible shows
3 or sales.
4 (h) Any person who sells household personal property
5 as an agent for the property owner or their representative
6 pursuant to a written agreement at that person's residence.
7 (i) The purchase, consignment, or trade pawn of
8 secondhand goods from one secondhand dealer to another
9 secondhand dealer when the selling secondhand dealer has
10 complied with the requirements of this chapter.
11 (j) Any person accepting a secondhand good as a
12 trade-in for a similar item of greater value.
13 (k) Any person purchasing, consigning, or trading
14 pawning secondhand goods at a flea market regardless of
15 whether at a temporary or permanent business location at the
16 flea market.
17 (l) Any auction business as defined in s. 468.382(1).
18 (m) Any business that is registered with the
19 Department of Revenue for sales tax purposes as an antique
20 dealer pursuant to chapter 212 and that purchases secondhand
21 goods from the property owner or her or his representative at
22 the property owner's residence pursuant to a written agreement
23 that states the name, address, and telephone number of the
24 property owner and the type of property purchased.
25 (n) A business that contracts with other persons or
26 entities to offer its secondhand goods for sale, purchase,
27 consignment, or trade via an Internet website, and that
28 maintains a shop, store, or other business premises for this
29 purpose, if all of the following apply:
30 1. The secondhand goods must be available on the
31 website for viewing by the general public at no charge;
5
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 2. The records of the sale, purchase, consignment, or
2 trade must be maintained for at least 2 years;
3 3. The records of the sale, purchase, consignment, or
4 trade, and the description of the secondhand goods as listed
5 on the website, must contain the serial number of each item,
6 if any;
7 4. The secondhand goods listed on the website must be
8 searchable based upon the state or zip code;
9 5. The business must provide the appropriate law
10 enforcement agency with the name or names under which it
11 conducts business on the website;
12 6. The business must allow the appropriate law
13 enforcement agency to inspect its business premises at any
14 time during normal business hours;
15 7. Any payment by the business resulting from such a
16 sale, purchase, consignment, or trade must be made to the
17 person or entity with whom the business contracted to offer
18 the goods and must be made by check or via a money transmitter
19 licensed under part II of chapter 560; and
20 8.a. At least 48 hours after the estimated time of
21 contracting to offer the secondhand goods, the business must
22 verify that any item having a serial number is not stolen
23 property by entering the serial number of the item into the
24 Department of Law Enforcement's stolen article database
25 located at the Florida Crime Information Center's public
26 access system website. The business shall record the date and
27 time of such verification on the contract covering the goods.
28 If such verification reveals that an item is stolen property,
29 the business shall immediately remove the item from any
30 website on which it is being offered and notify the
31 appropriate law enforcement agency; or
6
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 b. The business must provide the appropriate law
2 enforcement agency with an electronic copy of the name,
3 address, phone number, driver's license number, and issuing
4 state of the person with whom the business contracted to offer
5 the goods, as well as an accurate description of the goods,
6 including make, model, serial number, and any other unique
7 identifying marks, numbers, names, or letters that may be on
8 an item, in a format agreed upon by the business and the
9 appropriate law enforcement agency. This information must be
10 provided to the appropriate law enforcement agency within 24
11 hours after entering into the contract unless other
12 arrangements are made between the business and the law
13 enforcement agency. Any person purchasing, consigning, or
14 pawning secondhand goods ordered by mail, computer-assisted
15 shopping, media-assisted, media-facilitated, or
16 media-solicited shopping or shopping by other means of media
17 communication, including, but not limited to, direct mail
18 advertising, unsolicited distribution of catalogs, television,
19 radio, or other electronic media, telephone, magazine, or
20 newspaper advertising, so long as such person is in this state
21 at the time of the order.
22 (o) Any person offering his or her own personal
23 property for sale, purchase, consignment, or trade via an
24 Internet website, or a person or entity offering the personal
25 property of others for sale, purchase, consignment, or trade
26 via an Internet website, when that person or entity does not
27 have, and is not required to have, a local occupational or
28 business license for this purpose.
29 (p)(o) A motor vehicle dealer as defined in s. 320.27.
30 (3) This part does not apply to secondary metals
31 recyclers regulated under part II, except for s. 538.11, which
7
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 applies to both secondhand dealers and secondary metals
2 recyclers.
3 Section 2. Section 538.04, Florida Statutes, is
4 amended to read:
5 538.04 Recordkeeping requirements; penalties.--
6 (1) Secondhand dealers shall complete a secondhand
7 dealers transaction form at the time of the actual
8 transaction. A secondhand dealer shall maintain a copy of a
9 completed transaction form on the registered premises for at
10 least 1 year after the date of the transaction. However, the
11 secondhand dealer shall maintain a copy of the transaction
12 form for a period of no less than 3 years. Secondhand dealers
13 shall maintain records of all transactions of secondhand goods
14 on the premises. Unless other arrangements have been agreed
15 upon by the secondhand dealer and the appropriate law
16 enforcement agency, the secondhand dealer shall, within 24
17 hours of the acquisition of any secondhand goods, by purchase
18 or pledge as security for a loan, a secondhand dealer shall
19 deliver to the police department of the municipality where the
20 goods were acquired purchased or, if the goods were acquired
21 purchased outside of a municipality, to the sheriff's
22 department of the county where the goods were acquired
23 purchased, a record of the transaction on a form approved by
24 the Department of Law Enforcement. Such record shall contain:
25 (a) The time, date, and place of the transaction.
26 (b) A complete and accurate description of the goods
27 acquired, including the following information, if applicable:
28 any serial numbers, manufacturer's numbers, or other
29 identifying marks or characteristics.
30 1. Brand name.
31 2. Model number.
8
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 3. Manufacturer's serial number.
2 4. Size.
3 5. Color, as apparent to the untrained eye.
4 6. Precious metal type, weight, and content if known.
5 7. Gemstone description, including the number of
6 stones, if applicable.
7 8. In the case of firearms, the type of action,
8 caliber or gauge, number of barrels, barrel length, and
9 finish.
10 9. Any other unique identifying marks, numbers, or
11 letters.
12 (c) A description of the person from whom the goods
13 were acquired, including:
14 1. Full name, current residential address, workplace,
15 and home and work phone numbers.
16 2. Height, weight, date of birth, race, gender, hair
17 color, eye color, and any other identifying marks.
18 3. The right thumbprint, free of smudges and smears,
19 of the person from whom the goods were acquired.
20 (d) Any other information required by the form
21 approved by the Department of Law Enforcement.
22 (2) The secondhand dealer shall require verification
23 of the identification by the exhibition of a government-issued
24 photographic identification card such as a driver's license or
25 military identification card. The record shall contain the
26 type of identification exhibited, the issuing agency, and the
27 number thereon.
28 (3) The seller shall sign a statement verifying that
29 the seller is the rightful owner of the goods or is entitled
30 to sell, consign, or trade pledge the goods.
31 (4) Any person who knowingly gives false verification
9
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 of ownership or who gives a false or altered identification,
2 and who receives money from a secondhand dealer for goods
3 sold, consigned, or traded pledged commits:
4 (a) If the value of the money received is less than
5 $300, a felony misdemeanor of the third first degree,
6 punishable as provided in s. 775.082, or s. 775.083, or s.
7 775.084.
8 (b) If the value of the money received is $300 or
9 more, a felony of the second third degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084.
11 (5) Secondhand dealers are exempt from the provisions
12 of this section for all transactions involving secondhand
13 sports equipment except secondhand sports equipment that is
14 permanently labeled with a serial number.
15 (6) If the appropriate law enforcement agency supplies
16 a secondhand dealer with appropriate software and the
17 secondhand dealer has computer capability, secondhand dealer
18 transactions shall be electronically transferred. If a
19 secondhand dealer does not have computer capability, the
20 appropriate law enforcement agency may provide the secondhand
21 dealer with a computer and all necessary equipment for the
22 purpose of electronically transferring secondhand dealer
23 transactions. The appropriate law enforcement agency shall
24 retain ownership of the computer, unless otherwise agreed
25 upon. The secondhand dealer shall maintain the computer in
26 good working order, ordinary wear and tear excepted. In the
27 event the secondhand dealer transfers secondhand dealer
28 transactions electronically, the secondhand dealer is not
29 required to also deliver to the appropriate law enforcement
30 agency the original or copies of the secondhand transaction
31 forms. For the purpose of a criminal investigation, the
10
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 appropriate law enforcement agency may request that the
2 secondhand dealer produce an original of a transaction form
3 that has been electronically transferred. The secondhand
4 dealer shall deliver this form to the appropriate law
5 enforcement agency within 24 hours of the request.
6 (7) If the original transaction form is lost or
7 destroyed by the appropriate law enforcement agency, a copy
8 may be used by the secondhand dealer as evidence in court.
9 When an electronic image of a customer's identification is
10 accepted for a transaction, the secondhand dealer must
11 maintain the electronic image in order to meet the
12 recordkeeping requirements applicable to the original
13 transaction form. If a criminal investigation occurs, the
14 secondhand dealer shall, upon request, provide a clear and
15 legible copy of the image to the appropriate law enforcement
16 agency.
17 Section 3. Section 538.05, Florida Statutes, is
18 amended to read:
19 538.05 Inspection of records and premises of
20 secondhand dealers.--
21 (1) The entire registered premises and required
22 records of each secondhand dealer are subject to inspection
23 during regular business hours by any law enforcement officer
24 with jurisdiction the police department if the premises are
25 located within a municipality or, if located outside a
26 municipality, by the sheriff's department of the county in
27 which the premises are located, and by any state law
28 enforcement officer who has jurisdiction over the dealer.
29 (2) The inspection authorized by subsection (1) shall
30 consist of an examination on the registered premises of the
31 inventory and required records to determine whether the
11
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 records and inventory are being maintained on the registered
2 premises as required by s. 538.04 and whether the holding
3 period required by s. 538.06 is being complied with.
4 Section 4. Section 538.06, Florida Statutes, is
5 amended to read:
6 538.06 Holding period.--
7 (1) A secondhand dealer shall not sell, barter,
8 exchange, alter, adulterate, use, or in any way dispose of any
9 secondhand goods within 30 15 calendar days of the date of
10 acquisition of the goods. Such holding periods are not
11 applicable when the person known by the secondhand dealer to
12 be the person from whom the goods were acquired desires to
13 redeem, repurchase, or recover the goods, provided the dealer
14 can produce the record of the original transaction with
15 verification that the customer is the person from whom the
16 goods were originally acquired.
17 (2) A secondhand dealer must maintain actual physical
18 possession of all secondhand goods throughout a transaction.
19 It is unlawful for a secondhand dealer to accept title or any
20 other form of security in secondhand goods in lieu of actual
21 physical possession. A secondhand dealer who accepts title or
22 any other form of security in secondhand goods in lieu of
23 actual physical possession commits a misdemeanor of the first
24 degree, punishable as provided in s. 775.082 or s. 775.083.
25 (3) Upon probable cause that goods held by a
26 secondhand dealer are stolen, a law enforcement officer with
27 jurisdiction may place a 90-day written hold order on the
28 goods extend the holding period to a maximum of 60 days.
29 However, the hold holding period may be extended beyond 90 60
30 days by a court of competent jurisdiction upon a finding of
31 probable cause that the property is stolen and further holding
12
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 is necessary for the purposes of trial or to safeguard such
2 property. The dealer shall assume all responsibility, civil or
3 criminal, relative to the property or evidence in question,
4 including responsibility for the actions of any employee with
5 respect thereto.
6 (4) While a hold order is in effect, the secondhand
7 dealer must, upon request, release the property subject to the
8 hold order to the custody of a law enforcement officer with
9 jurisdiction for use in a criminal investigation. The release
10 of the property to the custody of the law enforcement officer
11 is not considered a waiver or release of the secondhand
12 dealer's rights or interest in the property. Upon completion
13 of the criminal proceeding, the property must be returned to
14 the secondhand dealer unless the court orders other
15 disposition. When such other disposition is ordered, the court
16 shall additionally order the person from whom the secondhand
17 dealer acquired the property to pay restitution to the
18 secondhand dealer in the amount that the secondhand dealer
19 paid for the property together with reasonable attorney's fees
20 and costs.
21 (5)(4) All dealers in secondhand property regulated by
22 this chapter shall maintain transaction records for 3 5 years.
23 Section 5. Section 538.07, Florida Statutes, is
24 amended to read:
25 538.07 Penalty for violation of chapter.--
26 (1) Except where otherwise provided herein, a person
27 who knowingly violates any provision of this chapter commits a
28 misdemeanor of the first degree, punishable as provided in s.
29 775.082 and by a fine not to exceed $10,000.
30 (2) When the lawful owner recovers stolen property
31 from a secondhand dealer and the person who sold or pledged
13
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 the stolen property to the secondhand dealer is convicted of
2 theft, a violation of this section, or dealing in stolen
3 property, the court shall order the defendant to make
4 restitution to either the secondhand dealer or the lawful
5 owner as applicable pursuant to s. 775.089.
6 Section 6. Section 538.09, Florida Statutes, is
7 amended to read:
8 538.09 Registration.--
9 (1) A secondhand dealer shall not engage in the
10 business of purchasing, consigning, or trading pawning
11 secondhand goods from any location without registering with
12 the Department of Revenue. A fee equal to the federal and
13 state costs for processing required fingerprints must be
14 submitted to the department with each application for
15 registration. One application is required for each dealer. If
16 a secondhand dealer is the owner of more than one secondhand
17 store location, the application must list each location, and
18 the department shall issue a duplicate registration for each
19 location. For purposes of subsections (4) and (5) of this
20 section, these duplicate registrations shall be deemed
21 individual registrations. A dealer shall pay a fee of $6 per
22 location at the time of registration and an annual renewal fee
23 of $6 per location on October 1 of each year. All fees
24 collected, less costs of administration, shall be transferred
25 into a trust fund to be established and entitled the
26 Secondhand Dealer and Secondary Metals Recycler Clearing Trust
27 Fund. The Department of Revenue shall forward the full set of
28 fingerprints to the Department of Law Enforcement for state
29 and federal processing, provided the federal service is
30 available, to be processed for any criminal justice
31 information as defined in s. 943.045. The cost of processing
14
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 such fingerprints shall be payable to the Department of Law
2 Enforcement by the Department of Revenue. The department may
3 issue a temporary registration to each location pending
4 completion of the background check by state and federal law
5 enforcement agencies, but shall revoke such temporary
6 registration if the completed background check reveals a
7 prohibited criminal background. An applicant for a secondhand
8 dealer registration must be a natural person who has reached
9 the age of 18 years.
10 (a) If the applicant is a partnership, all the
11 partners must apply.
12 (b) If the applicant is a joint venture, association,
13 or other noncorporate entity, all members of such joint
14 venture, association, or other noncorporate entity must make
15 application for registration as natural persons.
16 (c) If the applicant is a corporation, the
17 registration must include the name and address of such
18 corporation's registered agent for service of process in the
19 state and a certified copy of statement from the Secretary of
20 State that the corporation is duly organized in the state or,
21 if the corporation is organized in a state other than Florida,
22 a certified copy of statement from the Secretary of State that
23 the corporation is duly qualified to do business in this
24 state. If the dealer has more than one location, the
25 application must list each location owned by the same legal
26 entity and the department shall issue a duplicate registration
27 for each location.
28 (2) The secondhand dealer shall furnish with her or
29 his registration a complete set of her or his fingerprints,
30 certified by an authorized law enforcement officer, and a
31 recent fullface photographic identification card of herself or
15
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 himself. The Department of Law Enforcement shall report its
2 findings to the Department of Revenue within 30 days after the
3 date fingerprint cards are submitted for criminal justice
4 information.
5 (3) The secondhand dealer's registration shall be
6 conspicuously displayed at her or his registered location
7 principal place of business. A secondhand dealer must hold
8 secondhand goods at the registered location until 30 15 days
9 after the secondhand transaction or until any extension of the
10 holding period has expired, whichever is later, and must
11 retain records of each transaction which is not specifically
12 exempted by this chapter. A secondhand dealer shall not
13 dispose of property at any location until the holding period
14 has expired unless the transaction is specifically exempted by
15 this chapter.
16 (4) The department may impose a civil fine of up to
17 $10,000 for each violation of this section, which fine shall
18 be transferred into the General Revenue Fund. If the fine is
19 not paid within 60 days, the department may bring a civil
20 action under s. 120.69 to recover the fine.
21 (5) In addition to the fine provided in subsection
22 (4), registration under this section may be denied or any
23 registration granted may be revoked, restricted, or suspended
24 by the department if the department determines that the
25 applicant or registrant:
26 (a) Has violated any provision of this chapter or any
27 rule or order made pursuant to this chapter;
28 (b) Has made a material false statement in the
29 application for registration;
30 (c) Has been guilty of a fraudulent act in connection
31 with any purchase or sale or has been or is engaged in or is
16
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 about to engage in any practice, purchase, or sale which is
2 fraudulent or in violation of the law;
3 (d) Has made a misrepresentation or false statement
4 to, or concealed any essential or material fact from, any
5 person in making any purchase or sale;
6 (e) Is making purchases or sales through any business
7 associate not registered in compliance with the provisions of
8 this chapter;
9 (f) Has, within the preceding 10-year 5-year period
10 for new registrants who apply for registration on or after
11 October 1, 2005, been convicted of, or has entered a plea of
12 guilty or nolo contendere to, or had adjudication withheld
13 for, a crime against the laws of this state or any other state
14 or of the United States which relates to registration as a
15 secondhand dealer or which involves theft, larceny, dealing in
16 stolen property, receiving stolen property, burglary,
17 embezzlement, obtaining property by false pretenses,
18 possession of altered property, any felony drug offense, any
19 violation of s. 812.015, or any fraudulent or dishonest
20 dealing;
21 (g) Has had a final judgment entered against her or
22 him in a civil action upon grounds of fraud, embezzlement,
23 misrepresentation, or deceit; or
24 (h) Has failed to pay any sales tax owed to the
25 Department of Revenue.
26
27 In the event the department determines to deny an application
28 or revoke a registration, it shall enter a final order with
29 its findings on the register of secondhand dealers and their
30 business associates, if any; and denial, suspension, or
31 revocation of the registration of a secondhand dealer shall
17
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 also deny, suspend, or revoke the registration of such
2 secondhand dealer's business associates.
3 (6) Upon the request of a law enforcement official,
4 the Department of Revenue shall release to the official the
5 name and address of any secondhand dealer registered to do
6 business within the official's jurisdiction.
7 Section 7. Section 538.16, Florida Statutes, is
8 repealed.
9 Section 8. Subsection (4) of section 516.02, Florida
10 Statutes, is amended to read:
11 516.02 Loans; lines of credit; rate of interest;
12 license.--
13 (4) This chapter does not apply to any person who does
14 business under, and as permitted by, any law of this state or
15 of the United States relating to banks, savings banks, trust
16 companies, building and loan associations, credit unions, or
17 industrial loan and investment companies. This chapter also
18 does not apply to title loans as defined in s. 538.03(1)(i) or
19 pawns as defined in s. 538.03(1)(d). A pawnbroker may not be
20 licensed to transact business under this chapter.
21 Section 9. For the purpose of incorporating the
22 amendment to section 538.03, Florida Statutes, in a reference
23 thereto, paragraph (f) of subsection (3) of section 790.335,
24 Florida Statutes, is reenacted to read:
25 790.335 Prohibition of registration of firearms.--
26 (3) EXCEPTIONS.--The provisions of this section shall
27 not apply to:
28 (f) Firearm records, including paper pawn transaction
29 forms and contracts on firearm transactions, required by
30 chapters 538 and 539.
31 1. Electronic firearm records held pursuant to chapter
18
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 538 may only be kept by a secondhand dealer for 30 days after
2 the date of the purchase of the firearm by the secondhand
3 dealer.
4 2. Electronic firearm records held pursuant to chapter
5 539 may only be kept by a pawnbroker for 30 days after the
6 expiration of the loan that is secured by a firearm or 30 days
7 after the date of purchase of a firearm, whichever is
8 applicable.
9 3. Except as required by federal law, any firearm
10 records kept pursuant to chapter 538 or chapter 539 shall not,
11 at any time, be electronically transferred to any public or
12 private entity, agency, business, or enterprise, nor shall any
13 such records be copied or transferred for purposes of
14 accumulation of such records into lists, registries, or
15 databases.
16 4. Notwithstanding subparagraph 3., secondhand dealers
17 and pawnbrokers may electronically submit firearm transaction
18 records to the appropriate law enforcement agencies as
19 required by chapters 538 and 539; however, the law enforcement
20 agencies may not electronically submit such records to any
21 other person or entity and must destroy such records within 60
22 days after receipt of such records.
23 5. Notwithstanding subparagraph 3., secondhand dealers
24 and pawnbrokers may electronically submit limited firearms
25 records consisting solely of the manufacturer, model, serial
26 number, and caliber of pawned or purchased firearms to a
27 third-party private provider that is exclusively incorporated,
28 exclusively owned, and exclusively operated in the United
29 States and that restricts access to such information to only
30 appropriate law enforcement agencies for legitimate law
31 enforcement purposes. Such records must be destroyed within 30
19
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 days by the third-party provider. As a condition of receipt of
2 such records, the third-party provider must agree in writing
3 to comply with the requirements of this section. Any
4 pawnbroker or secondhand dealer who contracts with a
5 third-party provider other than as provided in this act or
6 electronically transmits any records of firearms transactions
7 to any third-party provider other than the records
8 specifically allowed by this paragraph commits a felony of the
9 second degree, punishable as provided in s. 775.082 or s.
10 775.083.
11 Section 10. This act shall take effect October 1,
12 2005.
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 Delete everything before the enacting clause
18
19 and insert:
20 A bill to be entitled
21 An act relating to secondhand dealers; amending
22 s. 538.03, F.S.; revising definitions; revising
23 applicability of ch. 538, F.S.; exempting
24 persons or entities offering secondhand goods
25 or personal property for sale, purchase,
26 consignment, or trade via the Internet from the
27 provisions of ch. 538, F.S., under certain
28 circumstances; amending s. 538.04, F.S.;
29 revising recordkeeping requirements for
30 secondhand dealers; providing penalties for
31 knowingly giving false verification of
20
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 ownership or a false or altered identification,
2 and for receiving money from a secondhand
3 dealer for goods sold, consigned, or traded if
4 the value of the money received is less than
5 $300, and if the value of the money received is
6 $300 or more; providing for the electronic
7 transfer of secondhand dealer
8 transactions under specified circumstances;
9 authorizing appropriate law enforcement
10 agencies to provide a secondhand dealer with a
11 computer and other equipment necessary to
12 electronically transfer secondhand dealer
13 transactions; providing procedures with respect
14 to electronic transfer of secondhand dealer
15 transactions; amending s. 538.05, F.S.;
16 revising provisions relating to the inspection
17 of records and premises of secondhand dealers;
18 amending s. 538.06, F.S.; revising provisions
19 with respect to the holding period during which
20 a secondhand dealer may not sell, barter,
21 exchange, alter, adulterate, use, or dispose of
22 secondhand goods; revising provisions with
23 respect to the holding of goods upon probable
24 cause that the goods are stolen; providing for
25 payment of restitution, attorney's fees, and
26 costs to a secondhand dealer under specified
27 circumstances; increasing the time limit for
28 maintenance of transaction records by dealers
29 in secondhand property; amending s. 538.07,
30 F.S.; revising provisions relating to
31 restitution for stolen property recovered from
21
11:10 AM 04/11/05 s1864d-bi11-j02
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 205834
1 a secondhand dealer; amending s. 538.09, F.S.;
2 revising provisions with respect to
3 registration as a secondhand dealer; increasing
4 the period of time during which a secondhand
5 dealer must hold secondhand goods at a
6 registered location; revising conditions under
7 which registration may be denied, revoked,
8 restricted, or suspended by the Department of
9 Revenue; repealing s. 538.16, F.S., relating to
10 disposal of property by secondhand dealers;
11 amending s. 516.02, F.S.; removing
12 cross-references; reenacting s. 790.335(3)(f),
13 F.S., which provides a second degree felony
14 penalty for any secondhand dealer who contracts
15 with a specified third-party provider or
16 electronically transmits certain records of
17 firearms transactions to any third-party
18 provider; providing an effective date.
19
20
21
22
23
24
25
26
27
28
29
30
31
22
11:10 AM 04/11/05 s1864d-bi11-j02