Amendment
Bill No. 0855

Amendment No. 957863

CHAMBER ACTION
Senate		House
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1	Representative(s) Sansom offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 538.03, Florida Statutes, is amended to
6	read:
7	538.03  Definitions; applicability.--
8	(1)  As used in this part, the term:
9	(a)  "Secondhand dealer" means any person, corporation, or
10	other business organization or entity which is not a secondary
11	metals recycler subject to part II and which is engaged in the
12	business of purchasing, consigning, or trading pawning
13	secondhand goods. However, secondhand dealers are not limited to
14	dealing only in items defined as secondhand goods in paragraph
15	(g). Except as provided in subsection (2), the term means
16	pawnbrokers, jewelers, precious metals dealers, garage sale
17	operators, secondhand stores, and consignment shops.
18	(b)  "Precious metals dealer" means a secondhand dealer who
19	normally or regularly engages in the business of buying used
20	precious metals for resale. The term does not include those
21	persons involved in the bulk sale of precious metals from one
22	secondhand or precious metals dealer to another.
23	(c)  "Pawnbroker" means any person, corporation, or other
24	business organization or entity which is regularly engaged in
25	the business of making pawns but does not include a financial
26	institution as defined in s. 655.005 or any person who regularly
27	loans money or any other thing of value on stocks, bonds, or
28	other securities.
29	(d)  "Pawn" means either of the following transactions:
30	1.  Loan of money.--A written or oral bailment of personal
31	property as security for an engagement or debt, redeemable on
32	certain terms and with the implied power of sale on default.
33	2.  Buy-sell agreement.--An agreement whereby a purchaser
34	agrees to hold property for a specified period of time to allow
35	the seller the exclusive right to repurchase the property. A
36	buy-sell agreement is not a loan of money.
37	(c)(e)  "Secondhand store" means the place or premises at
38	which a secondhand dealer is registered to conduct business as a
39	secondhand dealer, or conducts business, including pawn shops.
40	(d)(f)  "Consignment shop" means a shop engaging in the
41	business of accepting for sale, on consignment, secondhand goods
42	which, having once been used or transferred from the
43	manufacturer to the dealer, are then received into the
44	possession of a third party.
45	(e)  "Acquire" means to obtain by purchase, consignment, or
46	trade.
47	(f)(g)  "Secondhand goods" means personal property
48	previously owned or used, which is not regulated metals property
49	regulated under part II and which is purchased, consigned, or
50	traded pawned as used property. Such secondhand goods shall not
51	include office furniture, pianos, books, clothing, organs,
52	coins, motor vehicles, costume jewelry, and secondhand sports
53	equipment that is not permanently labeled with a serial number.
54	For purposes of this paragraph, "secondhand sports equipment"
55	does not include golf clubs. be limited to watches; diamonds,
56	gems, and other precious stones; fishing rods, reels, and
57	tackle; audio and video electronic equipment, including
58	television sets, compact disc players, radios, amplifiers,
59	receivers, turntables, tape recorders; video tape recorders;
60	speakers and citizens' band radios; computer equipment; radar
61	detectors; depth finders; trolling motors; outboard motors;
62	sterling silver flatware and serving pieces; photographic
63	equipment, including cameras, video and film cameras, lenses,
64	electronic flashes, tripods, and developing equipment; microwave
65	ovens; animal fur coats; marine equipment; video games and
66	cartridges; power lawn and landscape equipment; office equipment
67	such as copiers, fax machines, and postage machines but
68	excluding furniture; sports equipment; golf clubs; weapons,
69	including knives, swords, and air guns; telephones, including
70	cellular and portable; firearms; tools; calculators; musical
71	instruments, excluding pianos and organs; lawnmowers; bicycles;
72	typewriters; motor vehicles; gold, silver, platinum, and other
73	precious metals excluding coins; and jewelry, excluding costume
74	jewelry.
75	(g)(h)  "Transaction" means any purchase, consignment, or
76	trade pawn of secondhand goods by a secondhand dealer.
77	(h)(i)  "Precious metals" means any item containing any
78	gold, silver, or platinum, or any combination thereof,
79	excluding:
80	1.  any chemical or any automotive, photographic,
81	electrical, medical, or dental materials or electronic parts.
82	2.  Any coin with an intrinsic value less than its
83	numismatic value.
84	3.  Any gold bullion coin.
85	4.  Any gold, silver, or platinum bullion that has been
86	assayed and is properly marked as to its weight and fineness.
87	5.  Any coin which is mounted in a jewelry setting.
88	(i)(j)  "Department" means the Department of Revenue.
89	(k)  "Pledge" means pawn or buy-sell agreement.
90	(2)  This chapter does not apply to:
91	(a)  Any secondhand goods transaction involving an
92	organization or entity registered with the state as a nonprofit,
93	religious, or charitable organization or any school-sponsored
94	association or organization other than a secondary metals
95	recycler subject to the provisions of part II.
96	(b)  A law enforcement officer acting in an official
97	capacity.
98	(c)  A trustee in bankruptcy, executor, administrator, or
99	receiver who has presented proof of such status to the
100	secondhand dealer.
101	(d)  Any public official acting under judicial process or
102	authority who has presented proof of such status to the
103	secondhand dealer.
104	(e)  A sale on the execution, or by virtue of any process
105	issued by a court, if proof thereof has been presented to the
106	secondhand dealer.
107	(f)  Any garage sale operator who holds garage sales less
108	than 10 weekends per year.
109	(g)  Any person at antique, coin, or collectible shows or
110	sales.
111	(h)  Any person who sells household personal property as an
112	agent for the property owner or their representative pursuant to
113	a written agreement at that person's residence.
114	(i)  The purchase, consignment, or trade pawn of secondhand
115	goods from one secondhand dealer to another secondhand dealer
116	when the selling secondhand dealer has complied with the
117	requirements of this chapter.
118	(j)  Any person accepting a secondhand good as a trade-in
119	for a similar item of greater value.
120	(k)  Any person purchasing, consigning, or trading pawning
121	secondhand goods at a flea market regardless of whether at a
122	temporary or permanent business location at the flea market.
123	(l)  Any auction business as defined in s. 468.382(1).
124	(m)  Any business that is registered with the Department of
125	Revenue for sales tax purposes as an antique dealer pursuant to
126	chapter 212 and that purchases secondhand goods from the
127	property owner or her or his representative at the property
128	owner's residence pursuant to a written agreement that states
129	the name, address, and telephone number of the property owner
130	and the type of property purchased.
131	(n)  A business that contracts with other persons or
132	entities to offer its secondhand goods for sale, purchase,
133	consignment, or trade via an Internet website, and that
134	maintains a shop, store, or other business premises for this
135	purpose, if all of the following apply:
136	1.  The secondhand goods must be available on the website
137	for viewing by the general public at no charge;
138	2.  The records of the sale, purchase, consignment, or
139	trade must be maintained for at least 2 years;
140	3.  The records of the sale, purchase, consignment, or
141	trade, and the description of the secondhand goods as listed on
142	the website, must contain the serial number of each item, if
143	any;
144	4.  The secondhand goods listed on the website must be
145	searchable based upon the state or zip code;
146	5.  The business must provide the appropriate law
147	enforcement agency with the name or names under which it
148	conducts business on the website;
149	6.  The business must allow the appropriate law enforcement
150	agency to inspect its business premises at any time during
151	normal business hours;
152	7.  Any payment by the business resulting from such a sale,
153	purchase, consignment, or trade must be made to the person or
154	entity with whom the business contracted to offer the goods and
155	must be made by check or via a money transmitter licensed under
156	part II of chapter 560; and
157	8.a.  At least 48 hours after the estimated time of
158	contracting to offer the secondhand goods, the business must
159	verify that any item having a serial number is not stolen
160	property by entering the serial number of the item into the
161	Department of Law Enforcement's stolen article database located
162	at the Florida Crime Information Center's public access system
163	website. The business shall record the date and time of such
164	verification on the contract covering the goods. If such
165	verification reveals that an item is stolen property, the
166	business shall immediately remove the item from any website on
167	which it is being offered and notify the appropriate law
168	enforcement agency; or
169	b.  The business must provide the appropriate law
170	enforcement agency with an electronic copy of the name, address,
171	phone number, driver's license number, and issuing state of the
172	person with whom the business contracted to offer the goods, as
173	well as an accurate description of the goods, including make,
174	model, serial number, and any other unique identifying marks,
175	numbers, names, or letters that may be on an item, in a format
176	agreed upon by the business and the appropriate law enforcement
177	agency. This information must be provided to the appropriate law
178	enforcement agency within 24 hours after entering into the
179	contract unless other arrangements are made between the business
180	and the law enforcement agency. Any person purchasing,
181	consigning, or pawning secondhand goods ordered by mail,
182	computer-assisted shopping, media-assisted, media-facilitated,
183	or media-solicited shopping or shopping by other means of media
184	communication, including, but not limited to, direct mail
185	advertising, unsolicited distribution of catalogs, television,
186	radio, or other electronic media, telephone, magazine, or
187	newspaper advertising, so long as such person is in this state
188	at the time of the order.
189	(o)  Any person offering his or her own personal property
190	for sale, purchase, consignment, or trade via an Internet
191	website, or a person or entity offering the personal property of
192	others for sale, purchase, consignment, or trade via an Internet
193	website, when that person or entity does not have, and is not
194	required to have, a local occupational or business license for
195	this purpose.
196	(p)(o)  A motor vehicle dealer as defined in s. 320.27.
197	(3)  This part does not apply to secondary metals recyclers
198	regulated under part II, except for s. 538.11, which applies to
199	both secondhand dealers and secondary metals recyclers.
200	Section 2.  Section 538.04, Florida Statutes, is amended to
201	read:
202	538.04  Recordkeeping requirements; penalties.--
203	(1)  Secondhand dealers shall complete a secondhand dealers
204	transaction form at the time of the actual transaction. A
205	secondhand dealer shall maintain a copy of a completed
206	transaction form on the registered premises for at least 1 year
207	after the date of the transaction. However, the secondhand
208	dealer shall maintain a copy of the transaction form for a
209	period of no less than 3 years. Secondhand dealers shall
210	maintain records of all transactions of secondhand goods on the
211	premises. Unless other arrangements have been agreed upon by the
212	secondhand dealer and the appropriate law enforcement agency,
213	the secondhand dealer shall, within 24 hours of the acquisition
214	of any secondhand goods, by purchase or pledge as security for a
215	loan, a secondhand dealer shall deliver to the police department
216	of the municipality where the goods were acquired purchased or,
217	if the goods were acquired purchased outside of a municipality,
218	to the sheriff's department of the county where the goods were
219	acquired purchased, a record of the transaction on a form
220	approved by the Department of Law Enforcement. Such record shall
221	contain:
222	(a)  The time, date, and place of the transaction.
223	(b)  A complete and accurate description of the goods
224	acquired, including the following information, if applicable:
225	any serial numbers, manufacturer's numbers, or other identifying
226	marks or characteristics.
227	1.  Brand name.
228	2.  Model number.
229	3.  Manufacturer's serial number.
230	4.  Size.
231	5.  Color, as apparent to the untrained eye.
232	6.  Precious metal type, weight, and content if known.
233	7.  Gemstone description, including the number of stones,
234	if applicable.
235	8.  In the case of firearms, the type of action, caliber or
236	gauge, number of barrels, barrel length, and finish.
237	9.  Any other unique identifying marks, numbers, or
238	letters.
239	(c)  A description of the person from whom the goods were
240	acquired, including:
241	1.  Full name, current residential address, workplace, and
242	home and work phone numbers.
243	2.  Height, weight, date of birth, race, gender, hair
244	color, eye color, and any other identifying marks.
245	3.  The right thumbprint, free of smudges and smears, of
246	the person from whom the goods were acquired.
247	(d)  Any other information required by the form approved by
248	the Department of Law Enforcement.
249	(2)  The secondhand dealer shall require verification of
250	the identification by the exhibition of a government-issued
251	photographic identification card such as a driver's license or
252	military identification card. The record shall contain the type
253	of identification exhibited, the issuing agency, and the number
254	thereon.
255	(3)  The seller shall sign a statement verifying that the
256	seller is the rightful owner of the goods or is entitled to
257	sell, consign, or trade pledge the goods.
258	(4)  Any person who knowingly gives false verification of
259	ownership or who gives a false or altered identification, and
260	who receives money from a secondhand dealer for goods sold,
261	consigned, or traded pledged commits:
262	(a)  If the value of the money received is less than $300,
263	a felony misdemeanor of the third first degree, punishable as
264	provided in s. 775.082, or s. 775.083, or s. 775.084.
265	(b)  If the value of the money received is $300 or more, a
266	felony of the second third degree, punishable as provided in s.
267	775.082, s. 775.083, or s. 775.084.
268	(5)  Secondhand dealers are exempt from the provisions of
269	this section for all transactions involving secondhand sports
270	equipment except secondhand sports equipment that is permanently
271	labeled with a serial number.
272	(6)  If the appropriate law enforcement agency supplies a
273	secondhand dealer with appropriate software and the secondhand
274	dealer has computer capability, secondhand dealer transactions
275	shall be electronically transferred. If a secondhand dealer does
276	not have computer capability, the appropriate law enforcement
277	agency may provide the secondhand dealer with a computer and all
278	necessary equipment for the purpose of electronically
279	transferring secondhand dealer transactions. The appropriate law
280	enforcement agency shall retain ownership of the computer,
281	unless otherwise agreed upon. The secondhand dealer shall
282	maintain the computer in good working order, ordinary wear and
283	tear excepted. In the event the secondhand dealer transfers
284	secondhand dealer transactions electronically, the secondhand
285	dealer is not required to also deliver to the appropriate law
286	enforcement agency the original or copies of the secondhand
287	transaction forms. For the purpose of a criminal investigation,
288	the appropriate law enforcement agency may request that the
289	secondhand dealer produce an original of a transaction form that
290	has been electronically transferred. The secondhand dealer shall
291	deliver this form to the appropriate law enforcement agency
292	within 24 hours of the request.
293	(7)  If the original transaction form is lost or destroyed
294	by the appropriate law enforcement agency, a copy may be used by
295	the secondhand dealer as evidence in court. When an electronic
296	image of a customer's identification is accepted for a
297	transaction, the secondhand dealer must maintain the electronic
298	image in order to meet the recordkeeping requirements applicable
299	to the original transaction form. If a criminal investigation
300	occurs, the secondhand dealer shall, upon request, provide a
301	clear and legible copy of the image to the appropriate law
302	enforcement agency.
303	Section 3.  Section 538.05, Florida Statutes, is amended to
304	read:
305	538.05  Inspection of records and premises of secondhand
306	dealers.--
307	(1)  The entire registered premises and required records of
308	each secondhand dealer are subject to inspection during regular
309	business hours by any law enforcement officer with jurisdiction
310	the police department if the premises are located within a
311	municipality or, if located outside a municipality, by the
312	sheriff's department of the county in which the premises are
313	located, and by any state law enforcement officer who has
314	jurisdiction over the dealer.
315	(2)  The inspection authorized by subsection (1) shall
316	consist of an examination on the registered premises of the
317	inventory and required records to determine whether the records
318	and inventory are being maintained on the registered premises as
319	required by s. 538.04 and whether the holding period required by
320	s. 538.06 is being complied with.
321	Section 4.  Section 538.06, Florida Statutes, is amended to
322	read:
323	538.06  Holding period.--
324	(1)  A secondhand dealer shall not sell, barter, exchange,
325	alter, adulterate, use, or in any way dispose of any secondhand
326	goods within 30 15 calendar days of the date of acquisition of
327	the goods. Such holding periods are not applicable when the
328	person known by the secondhand dealer to be the person from whom
329	the goods were acquired desires to redeem, repurchase, or
330	recover the goods, provided the dealer can produce the record of
331	the original transaction with verification that the customer is
332	the person from whom the goods were originally acquired.
333	(2)  A secondhand dealer must maintain actual physical
334	possession of all secondhand goods throughout a transaction. It
335	is unlawful for a secondhand dealer to accept title or any other
336	form of security in secondhand goods in lieu of actual physical
337	possession. A secondhand dealer who accepts title or any other
338	form of security in secondhand goods in lieu of actual physical
339	possession commits a misdemeanor of the first degree, punishable
340	as provided in s. 775.082 or s. 775.083.
341	(3)  Upon probable cause that goods held by a secondhand
342	dealer are stolen, a law enforcement officer with jurisdiction
343	may place a 90-day written hold order on the goods extend the
344	holding period to a maximum of 60 days. However, the hold
345	holding period may be extended beyond 90 60 days by a court of
346	competent jurisdiction upon a finding of probable cause that the
347	property is stolen and further holding is necessary for the
348	purposes of trial or to safeguard such property. The dealer
349	shall assume all responsibility, civil or criminal, relative to
350	the property or evidence in question, including responsibility
351	for the actions of any employee with respect thereto.
352	(4)  While a hold order is in effect, the secondhand dealer
353	must, upon request, release the property subject to the hold
354	order to the custody of a law enforcement officer with
355	jurisdiction for use in a criminal investigation. The release of
356	the property to the custody of the law enforcement officer is
357	not considered a waiver or release of the secondhand dealer's
358	rights or interest in the property. Upon completion of the
359	criminal proceeding, the property must be returned to the
360	secondhand dealer unless the court orders other disposition.
361	When such other disposition is ordered, the court shall
362	additionally order the person from whom the secondhand dealer
363	acquired the property to pay restitution to the secondhand
364	dealer in the amount that the secondhand dealer paid for the
365	property together with reasonable attorney's fees and costs.
366	(5)(4)  All dealers in secondhand property regulated by
367	this chapter shall maintain transaction records for 3 5 years.
368	Section 5.  Section 538.07, Florida Statutes, is amended to
369	read:
370	538.07  Penalty for violation of chapter.--
371	(1)  Except where otherwise provided herein, a person who
372	knowingly violates any provision of this chapter commits a
373	misdemeanor of the first degree, punishable as provided in s.
374	775.082 and by a fine not to exceed $10,000.
375	(2)  When the lawful owner recovers stolen property from a
376	secondhand dealer and the person who sold or pledged the stolen
377	property to the secondhand dealer is convicted of theft, a
378	violation of this section, or dealing in stolen property, the
379	court shall order the defendant to make restitution to either
380	the secondhand dealer or the lawful owner as applicable pursuant
381	to s. 775.089.
382	Section 6.  Section 538.09, Florida Statutes, is amended to
383	read:
384	538.09  Registration.--
385	(1)  A secondhand dealer shall not engage in the business
386	of purchasing, consigning, or trading pawning secondhand goods
387	from any location without registering with the Department of
388	Revenue. A fee equal to the federal and state costs for
389	processing required fingerprints must be submitted to the
390	department with each application for registration. One
391	application is required for each dealer. If a secondhand dealer
392	is the owner of more than one secondhand store location, the
393	application must list each location, and the department shall
394	issue a duplicate registration for each location. For purposes
395	of subsections (4) and (5) of this section, these duplicate
396	registrations shall be deemed individual registrations. A dealer
397	shall pay a fee of $6 per location at the time of registration
398	and an annual renewal fee of $6 per location on October 1 of
399	each year. All fees collected, less costs of administration,
400	shall be transferred into a trust fund to be established and
401	entitled the Secondhand Dealer and Secondary Metals Recycler
402	Clearing Trust Fund. The Department of Revenue shall forward the
403	full set of fingerprints to the Department of Law Enforcement
404	for state and federal processing, provided the federal service
405	is available, to be processed for any criminal justice
406	information as defined in s. 943.045. The cost of processing
407	such fingerprints shall be payable to the Department of Law
408	Enforcement by the Department of Revenue. The department may
409	issue a temporary registration to each location pending
410	completion of the background check by state and federal law
411	enforcement agencies, but shall revoke such temporary
412	registration if the completed background check reveals a
413	prohibited criminal background. An applicant for a secondhand
414	dealer registration must be a natural person who has reached the
415	age of 18 years.
416	(a)  If the applicant is a partnership, all the partners
417	must apply.
418	(b)  If the applicant is a joint venture, association, or
419	other noncorporate entity, all members of such joint venture,
420	association, or other noncorporate entity must make application
421	for registration as natural persons.
422	(c)  If the applicant is a corporation, the registration
423	must include the name and address of such corporation's
424	registered agent for service of process in the state and a
425	certified copy of statement from the Secretary of State that the
426	corporation is duly organized in the state or, if the
427	corporation is organized in a state other than Florida, a
428	certified copy of statement from the Secretary of State that the
429	corporation is duly qualified to do business in this state. If
430	the dealer has more than one location, the application must list
431	each location owned by the same legal entity and the department
432	shall issue a duplicate registration for each location.
433	(2)  The secondhand dealer shall furnish with her or his
434	registration a complete set of her or his fingerprints,
435	certified by an authorized law enforcement officer, and a recent
436	fullface photographic identification card of herself or himself.
437	The Department of Law Enforcement shall report its findings to
438	the Department of Revenue within 30 days after the date
439	fingerprint cards are submitted for criminal justice
440	information.
441	(3)  The secondhand dealer's registration shall be
442	conspicuously displayed at her or his registered location
443	principal place of business. A secondhand dealer must hold
444	secondhand goods at the registered location until 30 15 days
445	after the secondhand transaction or until any extension of the
446	holding period has expired, whichever is later, and must retain
447	records of each transaction which is not specifically exempted
448	by this chapter. A secondhand dealer shall not dispose of
449	property at any location until the holding period has expired
450	unless the transaction is specifically exempted by this chapter.
451	(4)  The department may impose a civil fine of up to
452	$10,000 for each violation of this section, which fine shall be
453	transferred into the General Revenue Fund. If the fine is not
454	paid within 60 days, the department may bring a civil action
455	under s. 120.69 to recover the fine.
456	(5)  In addition to the fine provided in subsection (4),
457	registration under this section may be denied or any
458	registration granted may be revoked, restricted, or suspended by
459	the department if the department determines that the applicant
460	or registrant:
461	(a)  Has violated any provision of this chapter or any rule
462	or order made pursuant to this chapter;
463	(b)  Has made a material false statement in the application
464	for registration;
465	(c)  Has been guilty of a fraudulent act in connection with
466	any purchase or sale or has been or is engaged in or is about to
467	engage in any practice, purchase, or sale which is fraudulent or
468	in violation of the law;
469	(d)  Has made a misrepresentation or false statement to, or
470	concealed any essential or material fact from, any person in
471	making any purchase or sale;
472	(e)  Is making purchases or sales through any business
473	associate not registered in compliance with the provisions of
474	this chapter;
475	(f)  Has, within the preceding 10-year 5-year period for
476	new registrants who apply for registration on or after October
477	1, 2005, been convicted of, or has entered a plea of guilty or
478	nolo contendere to, or had adjudication withheld for, a crime
479	against the laws of this state or any other state or of the
480	United States which relates to registration as a secondhand
481	dealer or which involves theft, larceny, dealing in stolen
482	property, receiving stolen property, burglary, embezzlement,
483	obtaining property by false pretenses, possession of altered
484	property, any felony drug offense, any violation of s. 812.015,
485	or any fraudulent or dishonest dealing;
486	(g)  Has had a final judgment entered against her or him in
487	a civil action upon grounds of fraud, embezzlement,
488	misrepresentation, or deceit; or
489	(h)  Has failed to pay any sales tax owed to the Department
490	of Revenue.
491
492	In the event the department determines to deny an application or
493	revoke a registration, it shall enter a final order with its
494	findings on the register of secondhand dealers and their
495	business associates, if any; and denial, suspension, or
496	revocation of the registration of a secondhand dealer shall also
497	deny, suspend, or revoke the registration of such secondhand
498	dealer's business associates.
499	(6)  Upon the request of a law enforcement official, the
500	Department of Revenue shall release to the official the name and
501	address of any secondhand dealer registered to do business
502	within the official's jurisdiction.
503	Section 7.  Section 538.16, Florida Statutes, is repealed.
504	Section 8.  Subsection (4) of section 516.02, Florida
505	Statutes, is amended to read:
506	516.02  Loans; lines of credit; rate of interest;
507	license.--
508	(4)  This chapter does not apply to any person who does
509	business under, and as permitted by, any law of this state or of
510	the United States relating to banks, savings banks, trust
511	companies, building and loan associations, credit unions, or
512	industrial loan and investment companies. This chapter also does
513	not apply to title loans as defined in s. 538.03(1)(i) or pawns
514	as defined in s. 538.03(1)(d). A pawnbroker may not be licensed
515	to transact business under this chapter.
516	Section 9.  For the purpose of incorporating the amendment
517	to section 538.03, Florida Statutes, in a reference thereto,
518	paragraph (f) of subsection (3) of section 790.335, Florida
519	Statutes, is reenacted to read:
520	790.335  Prohibition of registration of firearms.--
521	(3)  EXCEPTIONS.--The provisions of this section shall not
522	apply to:
523	(f)  Firearm records, including paper pawn transaction
524	forms and contracts on firearm transactions, required by
525	chapters 538 and 539.
526	1.  Electronic firearm records held pursuant to chapter 538
527	may only be kept by a secondhand dealer for 30 days after the
528	date of the purchase of the firearm by the secondhand dealer.
529	2.  Electronic firearm records held pursuant to chapter 539
530	may only be kept by a pawnbroker for 30 days after the
531	expiration of the loan that is secured by a firearm or 30 days
532	after the date of purchase of a firearm, whichever is
533	applicable.
534	3.  Except as required by federal law, any firearm records
535	kept pursuant to chapter 538 or chapter 539 shall not, at any
536	time, be electronically transferred to any public or private
537	entity, agency, business, or enterprise, nor shall any such
538	records be copied or transferred for purposes of accumulation of
539	such records into lists, registries, or databases.
540	4.  Notwithstanding subparagraph 3., secondhand dealers and
541	pawnbrokers may electronically submit firearm transaction
542	records to the appropriate law enforcement agencies as required
543	by chapters 538 and 539; however, the law enforcement agencies
544	may not electronically submit such records to any other person
545	or entity and must destroy such records within 60 days after
546	receipt of such records.
547	5.  Notwithstanding subparagraph 3., secondhand dealers and
548	pawnbrokers may electronically submit limited firearms records
549	consisting solely of the manufacturer, model, serial number, and
550	caliber of pawned or purchased firearms to a third-party private
551	provider that is exclusively incorporated, exclusively owned,
552	and exclusively operated in the United States and that restricts
553	access to such information to only appropriate law enforcement
554	agencies for legitimate law enforcement purposes. Such records
555	must be destroyed within 30 days by the third-party provider. As
556	a condition of receipt of such records, the third-party provider
557	must agree in writing to comply with the requirements of this
558	section. Any pawnbroker or secondhand dealer who contracts with
559	a third-party provider other than as provided in this act or
560	electronically transmits any records of firearms transactions to
561	any third-party provider other than the records specifically
562	allowed by this paragraph commits a felony of the second degree,
563	punishable as provided in s. 775.082 or s. 775.083.
564	Section 10.  This act shall take effect October 1, 2005.
565
566	================= T I T L E  A M E N D M E N T =================
567	Remove the entire title and insert:
568	A bill to be entitled
569	An act relating to secondhand dealers; amending s. 538.03,
570	F.S.; revising definitions; revising applicability of ch.
571	538, F.S.; exempting persons or entities offering
572	secondhand goods or personal property for sale, purchase,
573	consignment, or trade via the Internet from the provisions
574	of ch. 538, F.S., under certain circumstances; amending s.
575	538.04, F.S.; revising recordkeeping requirements for
576	secondhand dealers; providing penalties for knowingly
577	giving false verification of ownership or a false or
578	altered identification, and for receiving money from a
579	secondhand dealer for goods sold, consigned, or traded if
580	the value of the money received is less than $300, and if
581	the value of the money received is $300 or more; providing
582	for the electronic transfer of secondhand dealer
583	transactions  under specified circumstances; authorizing
584	appropriate law enforcement agencies to provide a
585	secondhand dealer with a computer and other equipment
586	necessary to electronically transfer secondhand dealer
587	transactions; providing procedures with respect to
588	electronic transfer of secondhand dealer transactions;
589	amending s. 538.05, F.S.; revising provisions relating to
590	the inspection of records and premises of secondhand
591	dealers; amending s. 538.06, F.S.; revising provisions
592	with respect to the holding period during which a
593	secondhand dealer may not sell, barter, exchange, alter,
594	adulterate, use, or dispose of secondhand goods; revising
595	provisions with respect to the holding of goods upon
596	probable cause that the goods are stolen; providing for
597	payment of restitution, attorney's fees, and costs to a
598	secondhand dealer under specified circumstances;
599	increasing the time limit for maintenance of transaction
600	records by dealers in secondhand property; amending s.
601	538.07, F.S.; revising provisions relating to restitution
602	for stolen property recovered from a secondhand dealer;
603	amending s. 538.09, F.S.; revising provisions with respect
604	to registration as a secondhand dealer; increasing the
605	period of time during which a secondhand dealer must hold
606	secondhand goods at a registered location; revising
607	conditions under which registration may be denied,
608	revoked, restricted, or suspended by the Department of
609	Revenue; repealing s. 538.16, F.S., relating to disposal
610	of property by secondhand dealers; amending s. 516.02,
611	F.S.; removing cross-references; reenacting s.
612	790.335(3)(f), F.S., which provides a second degree felony
613	penalty for any secondhand dealer who contracts with a
614	specified third-party provider or electronically transmits
615	certain records of firearms transactions to any third-
616	party provider; providing an effective date.

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