HB 0855

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

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