HB 0855

CS

CHAMBER ACTION

1	The Justice Council 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 purchasing, consigning, or trading pawning
171	secondhand goods at a flea market regardless of whether at a
172	temporary or permanent business location at the flea market.
173	(l)  Any auction business as defined in s. 468.382(1).
174	(m)  Any business that is registered with the Department of
175	Revenue for sales tax purposes as an antique dealer pursuant to
176	chapter 212 and that purchases secondhand goods from the
177	property owner or her or his representative at the property
178	owner's residence pursuant to a written agreement that states
179	the name, address, and telephone number of the property owner
180	and the type of property purchased.
181	(n)  A business that contracts with other persons or
182	entities to offer their secondhand goods for sale, purchase,
183	consignment, or trade via an Internet website and that maintains
184	a shop, store, or other business premises for this purpose, if
185	all of the following apply:
186	1.  The secondhand goods must be available on the website
187	for viewing by the general public at no charge.
188	2.  The records of the sale, purchase, consignment, or
189	trade must be maintained for at least 2 years.
190	3.  The records of the sale, purchase, consignment, or
191	trade and the description of the secondhand goods as listed on
192	the website must contain the serial number of each item, if any.
193	4.  The secondhand goods listed on the website must be
194	searchable based upon the applicable state or zip code.
195	5.  The business must provide the appropriate law
196	enforcement agency with the name or names under which it
197	conducts business on the website.
198	6.  The business must allow the appropriate law enforcement
199	agency to inspect its business premises at any time during
200	normal business hours.
201	7.  Any payment by the business resulting from such a sale,
202	purchase, consignment, or trade must be made to the person or
203	entity with whom the business contracted to offer the goods and
204	must be made by check or via licensed money transmitter.
205	8.a.  At least 48 hours after the estimated time of
206	contracting to offer the secondhand goods, the business must
207	verify that any item with a serial number is not stolen property
208	by entering the serial number of the item into the Florida
209	Department of Law Enforcement stolen article database located at
210	the Florida Crime Information Center Public Access System
211	website. The business shall record the date and time of such
212	verification on the contract covering the goods. If such
213	verification reveals that an item is stolen property, the
214	business shall immediately remove the item from any website on
215	which it is being offered and notify the appropriate law
216	enforcement agency; or
217	b.  The business must provide the appropriate law
218	enforcement agency with an electronic copy of the name, address,
219	phone number, driver's license number, and issuing state of the
220	person with whom the business contracted to offer the goods, as
221	well as an accurate description of the goods, including make,
222	model, serial number, and any other unique identifying marks,
223	numbers, names, or letters that may be on an item, in a format
224	agreed upon by the business and the appropriate law enforcement
225	agency. This information must be provided to the appropriate law
226	enforcement agency within 24 hours of entering into the contract
227	unless other arrangements are made between the business and the
228	law enforcement agency. Any person purchasing, consigning, or
229	pawning secondhand goods ordered by mail, computer-assisted
230	shopping, media-assisted, media-facilitated, or media-solicited
231	shopping or shopping by other means of media communication,
232	including, but not limited to, direct mail advertising,
233	unsolicited distribution of catalogs, television, radio, or
234	other electronic media, telephone, magazine, or newspaper
235	advertising, so long as such person is in this state at the time
236	of the order.
237	(o)  Any person or entity offering their own personal
238	property for sale, purchase, consignment, or trade via an
239	Internet website; or a person offering the personal property of
240	others for sale, purchase, consignment, or trade via an Internet
241	website when that person does not have, and is not required to
242	have, a local occupational or business license for this purpose.
243	(p)(o)  A motor vehicle dealer as defined in s. 320.27.
244	(3)  This part does not apply to secondary metals recyclers
245	regulated under part II, except for s. 538.11, which applies to
246	both secondhand dealers and secondary metals recyclers.
247	Section 2.  Section 538.04, Florida Statutes, is amended to
248	read:
249	538.04  Recordkeeping requirements; penalties.--
250	(1)  Secondhand dealers shall complete a secondhand dealers
251	transaction form at the time of the actual transaction. A
252	secondhand dealer shall maintain a copy of a completed
253	transaction form on the registered premises for at least 1 year
254	after the date of the transaction. However, the secondhand
255	dealer shall maintain a copy of the transaction form for a
256	period of no less than 3 years. Secondhand dealers shall
257	maintain records of all transactions of secondhand goods on the
258	premises. Unless other arrangements have been agreed upon by the
259	secondhand dealer and the appropriate law enforcement agency,
260	the secondhand dealer shall, within 24 hours of the acquisition
261	of any secondhand goods, by purchase or pledge as security for a
262	loan, a secondhand dealer shall deliver to the police department
263	of the municipality where the goods were acquired purchased or,
264	if the goods were acquired purchased outside of a municipality,
265	to the sheriff's department of the county where the goods were
266	acquired purchased, a record of the transaction on a form
267	approved by the Department of Law Enforcement. Such record shall
268	contain:
269	(a)  The time, date, and place of the transaction.
270	(b)  A complete and accurate description of the goods
271	acquired, including the following information, if applicable:
272	any serial numbers, manufacturer's numbers, or other identifying
273	marks or characteristics.
274	1.  Brand name.
275	2.  Model number.
276	3.  Manufacturer's serial number.
277	4.  Size.
278	5.  Color, as apparent to the untrained eye.
279	6.  Precious metal type, weight, and content if known.
280	7.  Gemstone description, including the number of stones,
281	if applicable.
282	8.  In the case of firearms, the type of action, caliber or
283	gauge, number of barrels, barrel length, and finish.
284	9.  Any other unique identifying marks, numbers, or
285	letters.
286	(c)  A description of the person from whom the goods were
287	acquired, including:
288	1.  Full name, current residential address, workplace, and
289	home and work phone numbers.
290	2.  Height, weight, date of birth, race, gender, hair
291	color, eye color, and any other identifying marks.
292	3.  The right thumbprint, free of smudges and smears, of
293	the person from whom the goods were acquired.
294	(d)  Any other information required by the form approved by
295	the Department of Law Enforcement.
296	(2)  The secondhand dealer shall require verification of
297	the identification by the exhibition of a government-issued
298	photographic identification card such as a driver's license or
299	military identification card. The record shall contain the type
300	of identification exhibited, the issuing agency, and the number
301	thereon.
302	(3)  The seller shall sign a statement verifying that the
303	seller is the rightful owner of the goods or is entitled to
304	sell, consign, or trade pledge the goods.
305	(4)  Any person who knowingly gives false verification of
306	ownership or who gives a false or altered identification, and
307	who receives money from a secondhand dealer for goods sold,
308	consigned, or traded pledged commits:
309	(a)  If the value of the money received is less than $300,
310	a felony misdemeanor of the third first degree, punishable as
311	provided in s. 775.082, or s. 775.083, or s. 775.084.
312	(b)  If the value of the money received is $300 or more, a
313	felony of the second third degree, punishable as provided in s.
314	775.082, s. 775.083, or s. 775.084.
315	(5)  Secondhand dealers are exempt from the provisions of
316	this section for all transactions involving secondhand sports
317	equipment except secondhand sports equipment that is permanently
318	labeled with a serial number.
319	(6)  If the appropriate law enforcement agency supplies a
320	secondhand dealer with appropriate software and the secondhand
321	dealer has computer capability, secondhand dealer transactions
322	shall be electronically transferred. If a secondhand dealer does
323	not have computer capability, the appropriate law enforcement
324	agency may provide the secondhand dealer with a computer and all
325	necessary equipment for the purpose of electronically
326	transferring secondhand dealer transactions. The appropriate law
327	enforcement agency shall retain ownership of the computer,
328	unless otherwise agreed upon. The secondhand dealer shall
329	maintain the computer in good working order, ordinary wear and
330	tear excepted. In the event the secondhand dealer transfers
331	secondhand dealer transactions electronically, the secondhand
332	dealer is not required to also deliver to the appropriate law
333	enforcement agency the original or copies of the secondhand
334	transaction forms. For the purpose of a criminal investigation,
335	the appropriate law enforcement agency may request that the
336	secondhand dealer produce an original of a transaction form that
337	has been electronically transferred. The secondhand dealer shall
338	deliver this form to the appropriate law enforcement agency
339	within 24 hours of the request.
340	(7)  If the original transaction form is lost or destroyed
341	by the appropriate law enforcement agency, a copy may be used by
342	the secondhand dealer as evidence in court. When an electronic
343	image of a customer's identification is accepted for a
344	transaction, the secondhand dealer must maintain the electronic
345	image in order to meet the recordkeeping requirements applicable
346	to the original transaction form. If a criminal investigation
347	occurs, the secondhand dealer shall, upon request, provide a
348	clear and legible copy of the image to the appropriate law
349	enforcement agency.
350	Section 3.  Section 538.05, Florida Statutes, is amended to
351	read:
352	538.05  Inspection of records and premises of secondhand
353	dealers.--
354	(1)  The entire registered premises and required records of
355	each secondhand dealer are subject to inspection during regular
356	business hours by any law enforcement officer with jurisdiction
357	the police department if the premises are located within a
358	municipality or, if located outside a municipality, by the
359	sheriff's department of the county in which the premises are
360	located, and by any state law enforcement officer who has
361	jurisdiction over the dealer.
362	(2)  The inspection authorized by subsection (1) shall
363	consist of an examination on the registered premises of the
364	inventory and required records to determine whether the records
365	and inventory are being maintained on the registered premises as
366	required by s. 538.04 and whether the holding period required by
367	s. 538.06 is being complied with.
368	Section 4.  Section 538.06, Florida Statutes, is amended to
369	read:
370	538.06  Holding period.--
371	(1)  A secondhand dealer shall not sell, barter, exchange,
372	alter, adulterate, utilize, or in any way dispose of any
373	secondhand goods within 30 15 calendar days of the date of
374	acquisition of the goods. Such holding periods are not
375	applicable when the person known by the secondhand dealer to be
376	the person from whom the goods were acquired desires to redeem,
377	repurchase, or recover the goods, provided the dealer can
378	produce the record of the original transaction with verification
379	that the customer is the person from whom the goods were
380	originally acquired.
381	(2)  A secondhand dealer must maintain actual physical
382	possession of all secondhand goods throughout a transaction. It
383	is unlawful for a secondhand dealer to accept title or any other
384	form of security in secondhand goods in lieu of actual physical
385	possession. A secondhand dealer who accepts title or any other
386	form of security in secondhand goods in lieu of actual physical
387	possession commits a misdemeanor of the first degree, punishable
388	as provided in s. 775.082 or s. 775.083.
389	(3)  Upon probable cause that goods held by a secondhand
390	dealer are stolen, a law enforcement officer with jurisdiction
391	may place a 90-day written hold order on the goods extend the
392	holding period to a maximum of 60 days. However, the hold
393	holding period may be extended beyond 90 60 days by a court of
394	competent jurisdiction upon a finding of probable cause that the
395	property is stolen and further holding is necessary for the
396	purposes of trial or to safeguard such property. The dealer
397	shall assume all responsibility, civil or criminal, relative to
398	the property or evidence in question, including responsibility
399	for the actions of any employee with respect thereto.
400	(4)  While a hold order is in effect, the secondhand dealer
401	must, upon request, release the property subject to the hold
402	order to the custody of a law enforcement officer with
403	jurisdiction for use in a criminal investigation. The release of
404	the property to the custody of the law enforcement officer is
405	not considered a waiver or release of the secondhand dealer's
406	rights or interest in the property. Upon completion of the
407	criminal proceeding, the property must be returned to the
408	secondhand dealer unless the court orders other disposition.
409	When such other disposition is ordered, the court shall
410	additionally order the person from whom the secondhand dealer
411	acquired the property to pay restitution to the secondhand
412	dealer in the amount that the secondhand dealer paid for the
413	property together with reasonable attorney's fees and costs.
414	(5)(4)  All dealers in secondhand property regulated by
415	this chapter shall maintain transaction records for 3 5 years.
416	Section 5.  Section 538.07, Florida Statutes, is amended to
417	read:
418	538.07  Penalty for violation of chapter.--
419	(1)  Except where otherwise provided herein, a person who
420	knowingly violates any provision of this chapter commits a
421	misdemeanor of the first degree, punishable as provided in s.
422	775.082 and by a fine not to exceed $10,000.
423	(2)  When the lawful owner recovers stolen property from a
424	secondhand dealer and the person who sold or pledged the stolen
425	property to the secondhand dealer is convicted of theft, a
426	violation of this section, or dealing in stolen property, the
427	court shall order the defendant to make restitution to either
428	the secondhand dealer or the lawful owner as applicable pursuant
429	to s. 775.089.
430	Section 6.  Section 538.09, Florida Statutes, is amended to
431	read:
432	538.09  Registration.--
433	(1)  A secondhand dealer shall not engage in the business
434	of purchasing, consigning, or trading pawning secondhand goods
435	from any location without registering with the Department of
436	Revenue. A fee equal to the federal and state costs for
437	processing required fingerprints must be submitted to the
438	department with each application for registration. One
439	application is required for each dealer. If a secondhand dealer
440	is the owner of more than one secondhand store location, the
441	application must list each location, and the department shall
442	issue a duplicate registration for each location. For purposes
443	of subsections (4) and (5) of this section, these duplicate
444	registrations shall be deemed individual registrations. A dealer
445	shall pay a fee of $6 per location at the time of registration
446	and an annual renewal fee of $6 per location on October 1 of
447	each year. All fees collected, less costs of administration,
448	shall be transferred into a trust fund to be established and
449	entitled the Secondhand Dealer and Secondary Metals Recycler
450	Clearing Trust Fund. The Department of Revenue shall forward the
451	full set of fingerprints to the Department of Law Enforcement
452	for state and federal processing, provided the federal service
453	is available, to be processed for any criminal justice
454	information as defined in s. 943.045. The cost of processing
455	such fingerprints shall be payable to the Department of Law
456	Enforcement by the Department of Revenue. The department may
457	issue a temporary registration to each location pending
458	completion of the background check by state and federal law
459	enforcement agencies, but shall revoke such temporary
460	registration if the completed background check reveals a
461	prohibited criminal background. An applicant for a secondhand
462	dealer registration must be a natural person who has reached the
463	age of 18 years.
464	(a)  If the applicant is a partnership, all the partners
465	must apply.
466	(b)  If the applicant is a joint venture, association, or
467	other noncorporate entity, all members of such joint venture,
468	association, or other noncorporate entity must make application
469	for registration as natural persons.
470	(c)  If the applicant is a corporation, the registration
471	must include the name and address of such corporation's
472	registered agent for service of process in the state and a
473	certified copy of statement from the Secretary of State that the
474	corporation is duly organized in the state or, if the
475	corporation is organized in a state other than Florida, a
476	certified copy of statement from the Secretary of State that the
477	corporation is duly qualified to do business in this state. If
478	the dealer has more than one location, the application must list
479	each location owned by the same legal entity and the department
480	shall issue a duplicate registration for each location.
481	(2)  The secondhand dealer shall furnish with her or his
482	registration a complete set of her or his fingerprints,
483	certified by an authorized law enforcement officer, and a recent
484	fullface photographic identification card of herself or himself.
485	The Department of Law Enforcement shall report its findings to
486	the Department of Revenue within 30 days after the date
487	fingerprint cards are submitted for criminal justice
488	information.
489	(3)  The secondhand dealer's registration shall be
490	conspicuously displayed at her or his registered location
491	principal place of business. A secondhand dealer must hold
492	secondhand goods at the registered location until 30 15 days
493	after the secondhand transaction or until any extension of the
494	holding period has expired, whichever is later, and must retain
495	records of each transaction which is not specifically exempted
496	by this chapter. A secondhand dealer shall not dispose of
497	property at any location until the holding period has expired
498	unless the transaction is specifically exempted by this chapter.
499	(4)  The department may impose a civil fine of up to
500	$10,000 for each violation of this section, which fine shall be
501	transferred into the General Revenue Fund. If the fine is not
502	paid within 60 days, the department may bring a civil action
503	under s. 120.69 to recover the fine.
504	(5)  In addition to the fine provided in subsection (4),
505	registration under this section may be denied or any
506	registration granted may be revoked, restricted, or suspended by
507	the department if the department determines that the applicant
508	or registrant:
509	(a)  Has violated any provision of this chapter or any rule
510	or order made pursuant to this chapter;
511	(b)  Has made a material false statement in the application
512	for registration;
513	(c)  Has been guilty of a fraudulent act in connection with
514	any purchase or sale or has been or is engaged in or is about to
515	engage in any practice, purchase, or sale which is fraudulent or
516	in violation of the law;
517	(d)  Has made a misrepresentation or false statement to, or
518	concealed any essential or material fact from, any person in
519	making any purchase or sale;
520	(e)  Is making purchases or sales through any business
521	associate not registered in compliance with the provisions of
522	this chapter;
523	(f)  Has, within the preceding 10-year 5-year period, been
524	convicted of, or has entered a plea of guilty or nolo contendere
525	to, or had adjudication withheld for, a crime against the laws
526	of this state or any other state or of the United States which
527	relates to registration as a secondhand dealer or which involves
528	theft, larceny, dealing in stolen property, receiving stolen
529	property, burglary, embezzlement, obtaining property by false
530	pretenses, possession of altered property, any felony drug
531	offense, any violation of s. 812.015, or any fraudulent or
532	dishonest dealing;
533	(g)  Has had a final judgment entered against her or him in
534	a civil action upon grounds of fraud, embezzlement,
535	misrepresentation, or deceit; or
536	(h)  Has failed to pay any sales tax owed to the Department
537	of Revenue.
538
539	In the event the department determines to deny an application or
540	revoke a registration, it shall enter a final order with its
541	findings on the register of secondhand dealers and their
542	business associates, if any; and denial, suspension, or
543	revocation of the registration of a secondhand dealer shall also
544	deny, suspend, or revoke the registration of such secondhand
545	dealer's business associates.
546	(6)  Upon the request of a law enforcement official, the
547	Department of Revenue shall release to the official the name and
548	address of any secondhand dealer registered to do business
549	within the official's jurisdiction.
550	Section 7.  Section 538.16, Florida Statutes, is repealed.
551	Section 8.  Subsection (4) of section 516.02, Florida
552	Statutes, is amended to read:
553	516.02  Loans; lines of credit; rate of interest;
554	license.--
555	(4)  This chapter does not apply to any person who does
556	business under, and as permitted by, any law of this state or of
557	the United States relating to banks, savings banks, trust
558	companies, building and loan associations, credit unions, or
559	industrial loan and investment companies. This chapter also does
560	not apply to title loans as defined in s. 538.03(1)(i) or pawns
561	as defined in s. 538.03(1)(d). A pawnbroker may not be licensed
562	to transact business under this chapter.
563	Section 9.  For the purpose of incorporating the amendment
564	to section 538.03, Florida Statutes, in a reference thereto,
565	paragraph (f) of subsection (3) of section 790.335, Florida
566	Statutes, is reenacted to read:
567	790.335  Prohibition of registration of firearms.--
568	(3)  EXCEPTIONS.--The provisions of this section shall not
569	apply to:
570	(f)  Firearm records, including paper pawn transaction
571	forms and contracts on firearm transactions, required by
572	chapters 538 and 539.
573	1.  Electronic firearm records held pursuant to chapter 538
574	may only be kept by a secondhand dealer for 30 days after the
575	date of the purchase of the firearm by the secondhand dealer.
576	2.  Electronic firearm records held pursuant to chapter 539
577	may only be kept by a pawnbroker for 30 days after the
578	expiration of the loan that is secured by a firearm or 30 days
579	after the date of purchase of a firearm, whichever is
580	applicable.
581	3.  Except as required by federal law, any firearm records
582	kept pursuant to chapter 538 or chapter 539 shall not, at any
583	time, be electronically transferred to any public or private
584	entity, agency, business, or enterprise, nor shall any such
585	records be copied or transferred for purposes of accumulation of
586	such records into lists, registries, or databases.
587	4.  Notwithstanding subparagraph 3., secondhand dealers and
588	pawnbrokers may electronically submit firearm transaction
589	records to the appropriate law enforcement agencies as required
590	by chapters 538 and 539; however, the law enforcement agencies
591	may not electronically submit such records to any other person
592	or entity and must destroy such records within 60 days after
593	receipt of such records.
594	5.  Notwithstanding subparagraph 3., secondhand dealers and
595	pawnbrokers may electronically submit limited firearms records
596	consisting solely of the manufacturer, model, serial number, and
597	caliber of pawned or purchased firearms to a third-party private
598	provider that is exclusively incorporated, exclusively owned,
599	and exclusively operated in the United States and that restricts
600	access to such information to only appropriate law enforcement
601	agencies for legitimate law enforcement purposes. Such records
602	must be destroyed within 30 days by the third-party provider. As
603	a condition of receipt of such records, the third-party provider
604	must agree in writing to comply with the requirements of this
605	section. Any pawnbroker or secondhand dealer who contracts with
606	a third-party provider other than as provided in this act or
607	electronically transmits any records of firearms transactions to
608	any third-party provider other than the records specifically
609	allowed by this paragraph commits a felony of the second degree,
610	punishable as provided in s. 775.082 or s. 775.083.
611	Section 10.  This act shall take effect July 1, 2005.

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