HB 0855

CS

CHAMBER ACTION

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

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