HB 0855

1
A bill to be entitled
2An act relating to secondhand dealers; amending s. 538.03,
3F.S.; revising definitions; revising applicability of ch.
4538, F.S.; exempting persons or entities offering
5secondhand goods or personal property for sale, purchase,
6consignment, or trade via the Internet from the provisions
7of ch. 538, F.S., under certain circumstances; amending s.
8538.04, F.S.; revising recordkeeping requirements for
9secondhand dealers; providing penalties for knowingly
10giving false verification of ownership or a false or
11altered identification, and for receiving money from a
12secondhand dealer for goods sold, consigned, or traded if
13the value of the money received is less than $300, and if
14the value of the money received is $300 or more; providing
15for the electronic transfer of secondhand dealer
16transactions  under specified circumstances; authorizing
17appropriate law enforcement agencies to provide a
18secondhand dealer with a computer and other equipment
19necessary to electronically transfer secondhand dealer
20transactions; providing procedures with respect to
21electronic transfer of secondhand dealer transactions;
22amending s. 538.05, F.S.; revising provisions relating to
23the inspection of records and premises of secondhand
24dealers; amending s. 538.06, F.S.; revising provisions
25with respect to the holding period during which a
26secondhand dealer may not sell, barter, exchange, alter,
27adulterate, use, or dispose of secondhand goods; revising
28provisions with respect to the holding of goods upon
29probable cause that the goods are stolen; providing for
30payment of restitution, attorney's fees, and costs to a
31secondhand dealer under specified circumstances;
32increasing the time limit for maintenance of transaction
33records by dealers in secondhand property; amending s.
34538.07, F.S.; revising provisions relating to restitution
35for stolen property recovered from a secondhand dealer;
36amending s. 538.09, F.S.; revising provisions with respect
37to registration as a secondhand dealer; increasing the
38period of time during which a secondhand dealer must hold
39secondhand goods at a registered location; revising
40conditions under which registration may be denied,
41revoked, restricted, or suspended by the Department of
42Revenue; repealing s. 538.16, F.S., relating to disposal
43of property by secondhand dealers; amending s. 516.02,
44F.S.; removing cross-references; reenacting s.
45790.335(3)(f), F.S., which provides a second degree felony
46penalty for any secondhand dealer who contracts with a
47specified third-party provider or electronically transmits
48certain records of firearms transactions to any third-
49party provider; providing an effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 538.03, Florida Statutes, is amended to
54read:
55     538.03  Definitions; applicability.--
56     (1)  As used in this part, the term:
57     (a)  "Secondhand dealer" means any person, corporation, or
58other business organization or entity which is not a secondary
59metals recycler subject to part II and which is engaged in the
60business of purchasing, consigning, or trading pawning
61secondhand goods. However, secondhand dealers are not limited to
62dealing only in items defined as secondhand goods in paragraph
63(g). Except as provided in subsection (2), the term means
64pawnbrokers, jewelers, precious metals dealers, garage sale
65operators, secondhand stores, and consignment shops.
66     (b)  "Precious metals dealer" means a secondhand dealer who
67normally or regularly engages in the business of buying used
68precious metals for resale. The term does not include those
69persons involved in the bulk sale of precious metals from one
70secondhand or precious metals dealer to another.
71     (c)  "Pawnbroker" means any person, corporation, or other
72business organization or entity which is regularly engaged in
73the business of making pawns but does not include a financial
74institution as defined in s. 655.005 or any person who regularly
75loans money or any other thing of value on stocks, bonds, or
76other securities.
77     (d)  "Pawn" means either of the following transactions:
78     1.  Loan of money.--A written or oral bailment of personal
79property as security for an engagement or debt, redeemable on
80certain terms and with the implied power of sale on default.
81     2.  Buy-sell agreement.--An agreement whereby a purchaser
82agrees to hold property for a specified period of time to allow
83the seller the exclusive right to repurchase the property. A
84buy-sell agreement is not a loan of money.
85     (c)(e)  "Secondhand store" means the place or premises at
86which a secondhand dealer is registered to conduct business as a
87secondhand dealer, or conducts business, including pawn shops.
88     (d)(f)  "Consignment shop" means a shop engaging in the
89business of accepting for sale, on consignment, secondhand goods
90which, having once been used or transferred from the
91manufacturer to the dealer, are then received into the
92possession of a third party.
93     (e)  "Acquire" means to obtain by purchase, consignment, or
94trade.
95     (f)(g)  "Secondhand goods" means personal property
96previously owned or used, which is not regulated metals property
97regulated under part II and which is purchased, consigned, or
98traded pawned as used property. Such secondhand goods shall not
99include office furniture, pianos, books, clothing, organs,
100coins, motor vehicles, costume jewelry, and secondhand sports
101equipment that is not permanently labeled with a serial number.
102For purposes of this paragraph, "secondhand sports equipment"
103does not include golf clubs. be limited to watches; diamonds,
104gems, and other precious stones; fishing rods, reels, and
105tackle; audio and video electronic equipment, including
106television sets, compact disc players, radios, amplifiers,
107receivers, turntables, tape recorders; video tape recorders;
108speakers and citizens' band radios; computer equipment; radar
109detectors; depth finders; trolling motors; outboard motors;
110sterling silver flatware and serving pieces; photographic
111equipment, including cameras, video and film cameras, lenses,
112electronic flashes, tripods, and developing equipment; microwave
113ovens; animal fur coats; marine equipment; video games and
114cartridges; power lawn and landscape equipment; office equipment
115such as copiers, fax machines, and postage machines but
116excluding furniture; sports equipment; golf clubs; weapons,
117including knives, swords, and air guns; telephones, including
118cellular and portable; firearms; tools; calculators; musical
119instruments, excluding pianos and organs; lawnmowers; bicycles;
120typewriters; motor vehicles; gold, silver, platinum, and other
121precious metals excluding coins; and jewelry, excluding costume
122jewelry.
123     (g)(h)  "Transaction" means any purchase, consignment, or
124trade pawn of secondhand goods by a secondhand dealer.
125     (h)(i)  "Precious metals" means any item containing any
126gold, silver, or platinum, or any combination thereof,
127excluding:
128     1.  any chemical or any automotive, photographic,
129electrical, medical, or dental materials or electronic parts.
130     2.  Any coin with an intrinsic value less than its
131numismatic value.
132     3.  Any gold bullion coin.
133     4.  Any gold, silver, or platinum bullion that has been
134assayed and is properly marked as to its weight and fineness.
135     5.  Any coin which is mounted in a jewelry setting.
136     (i)(j)  "Department" means the Department of Revenue.
137     (k)  "Pledge" means pawn or buy-sell agreement.
138     (2)  This chapter does not apply to:
139     (a)  Any secondhand goods transaction involving an
140organization or entity registered with the state as a nonprofit,
141religious, or charitable organization or any school-sponsored
142association or organization other than a secondary metals
143recycler subject to the provisions of part II.
144     (b)  A law enforcement officer acting in an official
145capacity.
146     (c)  A trustee in bankruptcy, executor, administrator, or
147receiver who has presented proof of such status to the
148secondhand dealer.
149     (d)  Any public official acting under judicial process or
150authority who has presented proof of such status to the
151secondhand dealer.
152     (e)  A sale on the execution, or by virtue of any process
153issued by a court, if proof thereof has been presented to the
154secondhand dealer.
155     (f)  Any garage sale operator who holds garage sales less
156than 10 weekends per year.
157     (g)  Any person at antique, coin, or collectible shows or
158sales.
159     (h)  Any person who sells household personal property as an
160agent for the property owner or their representative pursuant to
161a written agreement at that person's residence.
162     (i)  The purchase, consignment, or trade pawn of secondhand
163goods from one secondhand dealer to another secondhand dealer
164when the selling secondhand dealer has complied with the
165requirements of this chapter.
166     (j)  Any person accepting a secondhand good as a trade-in
167for a similar item of greater value.
168     (k)  Any person purchasing, consigning, or trading pawning
169secondhand goods at a flea market regardless of whether at a
170temporary or permanent business location at the flea market.
171     (l)  Any auction business as defined in s. 468.382(1).
172     (m)  Any business that is registered with the Department of
173Revenue for sales tax purposes as an antique dealer pursuant to
174chapter 212 and that purchases secondhand goods from the
175property owner or her or his representative at the property
176owner's residence pursuant to a written agreement that states
177the name, address, and telephone number of the property owner
178and the type of property purchased.
179     (n)  A business that contracts with other persons or
180entities to offer its secondhand goods for sale, purchase,
181consignment, or trade via an Internet website, and that
182maintains a shop, store, or other business premises for this
183purpose, if all of the following apply:
184     1.  The secondhand goods must be available on the website
185for viewing by the general public at no charge;
186     2.  The records of the sale, purchase, consignment, or
187trade must be maintained for at least 2 years;
188     3.  The records of the sale, purchase, consignment, or
189trade, and the description of the secondhand goods as listed on
190the website, must contain the serial number of each item, if
191any;
192     4.  The secondhand goods listed on the website must be
193searchable based upon the state or zip code;
194     5.  The business must provide the appropriate law
195enforcement agency with the name or names under which it
196conducts business on the website;
197     6.  The business must allow the appropriate law enforcement
198agency to inspect its business premises at any time during
199normal business hours;
200     7.  Any payment by the business resulting from such a sale,
201purchase, consignment, or trade must be made to the person or
202entity with whom the business contracted to offer the goods and
203must be made by check or via a money transmitter licensed under
204part II of chapter 560; and
205     8.a.  At least 48 hours after the estimated time of
206contracting to offer the secondhand goods, the business must
207verify that any item having a serial number is not stolen
208property by entering the serial number of the item into the
209Department of Law Enforcement's stolen article database located
210at the Florida Crime Information Center's public access system
211website. The business shall record the date and time of such
212verification on the contract covering the goods. If such
213verification reveals that an item is stolen property, the
214business shall immediately remove the item from any website on
215which it is being offered and notify the appropriate law
216enforcement agency; or
217     b.  The business must provide the appropriate law
218enforcement agency with an electronic copy of the name, address,
219phone number, driver's license number, and issuing state of the
220person with whom the business contracted to offer the goods, as
221well as an accurate description of the goods, including make,
222model, serial number, and any other unique identifying marks,
223numbers, names, or letters that may be on an item, in a format
224agreed upon by the business and the appropriate law enforcement
225agency. This information must be provided to the appropriate law
226enforcement agency within 24 hours after entering into the
227contract unless other arrangements are made between the business
228and the law enforcement agency. Any person purchasing,
229consigning, or pawning secondhand goods ordered by mail,
230computer-assisted shopping, media-assisted, media-facilitated,
231or media-solicited shopping or shopping by other means of media
232communication, including, but not limited to, direct mail
233advertising, unsolicited distribution of catalogs, television,
234radio, or other electronic media, telephone, magazine, or
235newspaper advertising, so long as such person is in this state
236at the time of the order.
237     (o)  Any person offering his or her own personal property
238for sale, purchase, consignment, or trade via an Internet
239website, or a person or entity offering the personal property of
240others for sale, purchase, consignment, or trade via an Internet
241website, when that person or entity does not have, and is not
242required to have, a local occupational or business license for
243this purpose.
244     (p)(o)  A motor vehicle dealer as defined in s. 320.27.
245     (3)  This part does not apply to secondary metals recyclers
246regulated under part II, except for s. 538.11, which applies to
247both secondhand dealers and secondary metals recyclers.
248     Section 2.  Section 538.04, Florida Statutes, is amended to
249read:
250     538.04  Recordkeeping requirements; penalties.--
251     (1)  Secondhand dealers shall complete a secondhand dealers
252transaction form at the time of the actual transaction. A
253secondhand dealer shall maintain a copy of a completed
254transaction form on the registered premises for at least 1 year
255after the date of the transaction. However, the secondhand
256dealer shall maintain a copy of the transaction form for a
257period of no less than 3 years. Secondhand dealers shall
258maintain records of all transactions of secondhand goods on the
259premises. Unless other arrangements have been agreed upon by the
260secondhand dealer and the appropriate law enforcement agency,
261the secondhand dealer shall, within 24 hours of the acquisition
262of any secondhand goods, by purchase or pledge as security for a
263loan, a secondhand dealer shall deliver to the police department
264of the municipality where the goods were acquired purchased or,
265if the goods were acquired purchased outside of a municipality,
266to the sheriff's department of the county where the goods were
267acquired purchased, a record of the transaction on a form
268approved by the Department of Law Enforcement. Such record shall
269contain:
270     (a)  The time, date, and place of the transaction.
271     (b)  A complete and accurate description of the goods
272acquired, including the following information, if applicable:
273any serial numbers, manufacturer's numbers, or other identifying
274marks or characteristics.
275     1.  Brand name.
276     2.  Model number.
277     3.  Manufacturer's serial number.
278     4.  Size.
279     5.  Color, as apparent to the untrained eye.
280     6.  Precious metal type, weight, and content if known.
281     7.  Gemstone description, including the number of stones,
282if applicable.
283     8.  In the case of firearms, the type of action, caliber or
284gauge, number of barrels, barrel length, and finish.
285     9.  Any other unique identifying marks, numbers, or
286letters.
287     (c)  A description of the person from whom the goods were
288acquired, including:
289     1.  Full name, current residential address, workplace, and
290home and work phone numbers.
291     2.  Height, weight, date of birth, race, gender, hair
292color, eye color, and any other identifying marks.
293     3.  The right thumbprint, free of smudges and smears, of
294the person from whom the goods were acquired.
295     (d)  Any other information required by the form approved by
296the Department of Law Enforcement.
297     (2)  The secondhand dealer shall require verification of
298the identification by the exhibition of a government-issued
299photographic identification card such as a driver's license or
300military identification card. The record shall contain the type
301of identification exhibited, the issuing agency, and the number
302thereon.
303     (3)  The seller shall sign a statement verifying that the
304seller is the rightful owner of the goods or is entitled to
305sell, consign, or trade pledge the goods.
306     (4)  Any person who knowingly gives false verification of
307ownership or who gives a false or altered identification, and
308who receives money from a secondhand dealer for goods sold,
309consigned, or traded pledged commits:
310     (a)  If the value of the money received is less than $300,
311a felony misdemeanor of the third first degree, punishable as
312provided in s. 775.082, or s. 775.083, or s. 775.084.
313     (b)  If the value of the money received is $300 or more, a
314felony of the second third degree, punishable as provided in s.
315775.082, s. 775.083, or s. 775.084.
316     (5)  Secondhand dealers are exempt from the provisions of
317this section for all transactions involving secondhand sports
318equipment except secondhand sports equipment that is permanently
319labeled with a serial number.
320     (6)  If the appropriate law enforcement agency supplies a
321secondhand dealer with appropriate software and the secondhand
322dealer has computer capability, secondhand dealer transactions
323shall be electronically transferred. If a secondhand dealer does
324not have computer capability, the appropriate law enforcement
325agency may provide the secondhand dealer with a computer and all
326necessary equipment for the purpose of electronically
327transferring secondhand dealer transactions. The appropriate law
328enforcement agency shall retain ownership of the computer,
329unless otherwise agreed upon. The secondhand dealer shall
330maintain the computer in good working order, ordinary wear and
331tear excepted. In the event the secondhand dealer transfers
332secondhand dealer transactions electronically, the secondhand
333dealer is not required to also deliver to the appropriate law
334enforcement agency the original or copies of the secondhand
335transaction forms. For the purpose of a criminal investigation,
336the appropriate law enforcement agency may request that the
337secondhand dealer produce an original of a transaction form that
338has been electronically transferred. The secondhand dealer shall
339deliver this form to the appropriate law enforcement agency
340within 24 hours of the request.
341     (7)  If the original transaction form is lost or destroyed
342by the appropriate law enforcement agency, a copy may be used by
343the secondhand dealer as evidence in court. When an electronic
344image of a customer's identification is accepted for a
345transaction, the secondhand dealer must maintain the electronic
346image in order to meet the recordkeeping requirements applicable
347to the original transaction form. If a criminal investigation
348occurs, the secondhand dealer shall, upon request, provide a
349clear and legible copy of the image to the appropriate law
350enforcement agency.
351     Section 3.  Section 538.05, Florida Statutes, is amended to
352read:
353     538.05  Inspection of records and premises of secondhand
354dealers.--
355     (1)  The entire registered premises and required records of
356each secondhand dealer are subject to inspection during regular
357business hours by any law enforcement officer with jurisdiction
358the police department if the premises are located within a
359municipality or, if located outside a municipality, by the
360sheriff's department of the county in which the premises are
361located, and by any state law enforcement officer who has
362jurisdiction over the dealer.
363     (2)  The inspection authorized by subsection (1) shall
364consist of an examination on the registered premises of the
365inventory and required records to determine whether the records
366and inventory are being maintained on the registered premises as
367required by s. 538.04 and whether the holding period required by
368s. 538.06 is being complied with.
369     Section 4.  Section 538.06, Florida Statutes, is amended to
370read:
371     538.06  Holding period.--
372     (1)  A secondhand dealer shall not sell, barter, exchange,
373alter, adulterate, use, or in any way dispose of any secondhand
374goods within 30 15 calendar days of the date of acquisition of
375the goods. Such holding periods are not applicable when the
376person known by the secondhand dealer to be the person from whom
377the goods were acquired desires to redeem, repurchase, or
378recover the goods, provided the dealer can produce the record of
379the original transaction with verification that the customer is
380the person from whom the goods were originally acquired.
381     (2)  A secondhand dealer must maintain actual physical
382possession of all secondhand goods throughout a transaction. It
383is unlawful for a secondhand dealer to accept title or any other
384form of security in secondhand goods in lieu of actual physical
385possession. A secondhand dealer who accepts title or any other
386form of security in secondhand goods in lieu of actual physical
387possession commits a misdemeanor of the first degree, punishable
388as provided in s. 775.082 or s. 775.083.
389     (3)  Upon probable cause that goods held by a secondhand
390dealer are stolen, a law enforcement officer with jurisdiction
391may place a 90-day written hold order on the goods extend the
392holding period to a maximum of 60 days. However, the hold
393holding period may be extended beyond 90 60 days by a court of
394competent jurisdiction upon a finding of probable cause that the
395property is stolen and further holding is necessary for the
396purposes of trial or to safeguard such property. The dealer
397shall assume all responsibility, civil or criminal, relative to
398the property or evidence in question, including responsibility
399for the actions of any employee with respect thereto.
400     (4)  While a hold order is in effect, the secondhand dealer
401must, upon request, release the property subject to the hold
402order to the custody of a law enforcement officer with
403jurisdiction for use in a criminal investigation. The release of
404the property to the custody of the law enforcement officer is
405not considered a waiver or release of the secondhand dealer's
406rights or interest in the property. Upon completion of the
407criminal proceeding, the property must be returned to the
408secondhand dealer unless the court orders other disposition.
409When such other disposition is ordered, the court shall
410additionally order the person from whom the secondhand dealer
411acquired the property to pay restitution to the secondhand
412dealer in the amount that the secondhand dealer paid for the
413property together with reasonable attorney's fees and costs.
414     (5)(4)  All dealers in secondhand property regulated by
415this chapter shall maintain transaction records for 3 5 years.
416     Section 5.  Section 538.07, Florida Statutes, is amended to
417read:
418     538.07  Penalty for violation of chapter.--
419     (1)  Except where otherwise provided herein, a person who
420knowingly violates any provision of this chapter commits a
421misdemeanor of the first degree, punishable as provided in s.
422775.082 and by a fine not to exceed $10,000.
423     (2)  When the lawful owner recovers stolen property from a
424secondhand dealer and the person who sold or pledged the stolen
425property to the secondhand dealer is convicted of theft, a
426violation of this section, or dealing in stolen property, the
427court shall order the defendant to make restitution to either
428the secondhand dealer or the lawful owner as applicable pursuant
429to s. 775.089.
430     Section 6.  Section 538.09, Florida Statutes, is amended to
431read:
432     538.09  Registration.--
433     (1)  A secondhand dealer shall not engage in the business
434of purchasing, consigning, or trading pawning secondhand goods
435from any location without registering with the Department of
436Revenue. A fee equal to the federal and state costs for
437processing required fingerprints must be submitted to the
438department with each application for registration. One
439application is required for each dealer. If a secondhand dealer
440is the owner of more than one secondhand store location, the
441application must list each location, and the department shall
442issue a duplicate registration for each location. For purposes
443of subsections (4) and (5) of this section, these duplicate
444registrations shall be deemed individual registrations. A dealer
445shall pay a fee of $6 per location at the time of registration
446and an annual renewal fee of $6 per location on October 1 of
447each year. All fees collected, less costs of administration,
448shall be transferred into a trust fund to be established and
449entitled the Secondhand Dealer and Secondary Metals Recycler
450Clearing Trust Fund. The Department of Revenue shall forward the
451full set of fingerprints to the Department of Law Enforcement
452for state and federal processing, provided the federal service
453is available, to be processed for any criminal justice
454information as defined in s. 943.045. The cost of processing
455such fingerprints shall be payable to the Department of Law
456Enforcement by the Department of Revenue. The department may
457issue a temporary registration to each location pending
458completion of the background check by state and federal law
459enforcement agencies, but shall revoke such temporary
460registration if the completed background check reveals a
461prohibited criminal background. An applicant for a secondhand
462dealer registration must be a natural person who has reached the
463age of 18 years.
464     (a)  If the applicant is a partnership, all the partners
465must apply.
466     (b)  If the applicant is a joint venture, association, or
467other noncorporate entity, all members of such joint venture,
468association, or other noncorporate entity must make application
469for registration as natural persons.
470     (c)  If the applicant is a corporation, the registration
471must include the name and address of such corporation's
472registered agent for service of process in the state and a
473certified copy of statement from the Secretary of State that the
474corporation is duly organized in the state or, if the
475corporation is organized in a state other than Florida, a
476certified copy of statement from the Secretary of State that the
477corporation is duly qualified to do business in this state. If
478the dealer has more than one location, the application must list
479each location owned by the same legal entity and the department
480shall issue a duplicate registration for each location.
481     (2)  The secondhand dealer shall furnish with her or his
482registration a complete set of her or his fingerprints,
483certified by an authorized law enforcement officer, and a recent
484fullface photographic identification card of herself or himself.
485The Department of Law Enforcement shall report its findings to
486the Department of Revenue within 30 days after the date
487fingerprint cards are submitted for criminal justice
488information.
489     (3)  The secondhand dealer's registration shall be
490conspicuously displayed at her or his registered location
491principal place of business. A secondhand dealer must hold
492secondhand goods at the registered location until 30 15 days
493after the secondhand transaction or until any extension of the
494holding period has expired, whichever is later, and must retain
495records of each transaction which is not specifically exempted
496by this chapter. A secondhand dealer shall not dispose of
497property at any location until the holding period has expired
498unless 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
501transferred into the General Revenue Fund. If the fine is not
502paid within 60 days, the department may bring a civil action
503under s. 120.69 to recover the fine.
504     (5)  In addition to the fine provided in subsection (4),
505registration under this section may be denied or any
506registration granted may be revoked, restricted, or suspended by
507the department if the department determines that the applicant
508or registrant:
509     (a)  Has violated any provision of this chapter or any rule
510or order made pursuant to this chapter;
511     (b)  Has made a material false statement in the application
512for registration;
513     (c)  Has been guilty of a fraudulent act in connection with
514any purchase or sale or has been or is engaged in or is about to
515engage in any practice, purchase, or sale which is fraudulent or
516in violation of the law;
517     (d)  Has made a misrepresentation or false statement to, or
518concealed any essential or material fact from, any person in
519making any purchase or sale;
520     (e)  Is making purchases or sales through any business
521associate not registered in compliance with the provisions of
522this chapter;
523     (f)  Has, within the preceding 10-year 5-year period for
524new registrants who apply for registration on or after October
5251, 2005, been convicted of, or has entered a plea of guilty or
526nolo contendere to, or had adjudication withheld for, a crime
527against the laws of this state or any other state or of the
528United States which relates to registration as a secondhand
529dealer or which involves theft, larceny, dealing in stolen
530property, receiving stolen property, burglary, embezzlement,
531obtaining property by false pretenses, possession of altered
532property, any felony drug offense, any violation of s. 812.015,
533or any fraudulent or dishonest dealing;
534     (g)  Has had a final judgment entered against her or him in
535a civil action upon grounds of fraud, embezzlement,
536misrepresentation, or deceit; or
537     (h)  Has failed to pay any sales tax owed to the Department
538of Revenue.
539
540In the event the department determines to deny an application or
541revoke a registration, it shall enter a final order with its
542findings on the register of secondhand dealers and their
543business associates, if any; and denial, suspension, or
544revocation of the registration of a secondhand dealer shall also
545deny, suspend, or revoke the registration of such secondhand
546dealer's business associates.
547     (6)  Upon the request of a law enforcement official, the
548Department of Revenue shall release to the official the name and
549address of any secondhand dealer registered to do business
550within the official's jurisdiction.
551     Section 7.  Section 538.16, Florida Statutes, is repealed.
552     Section 8.  Subsection (4) of section 516.02, Florida
553Statutes, is amended to read:
554     516.02  Loans; lines of credit; rate of interest;
555license.--
556     (4)  This chapter does not apply to any person who does
557business under, and as permitted by, any law of this state or of
558the United States relating to banks, savings banks, trust
559companies, building and loan associations, credit unions, or
560industrial loan and investment companies. This chapter also does
561not apply to title loans as defined in s. 538.03(1)(i) or pawns
562as defined in s. 538.03(1)(d). A pawnbroker may not be licensed
563to transact business under this chapter.
564     Section 9.  For the purpose of incorporating the amendment
565to section 538.03, Florida Statutes, in a reference thereto,
566paragraph (f) of subsection (3) of section 790.335, Florida
567Statutes, is reenacted to read:
568     790.335  Prohibition of registration of firearms.--
569     (3)  EXCEPTIONS.--The provisions of this section shall not
570apply to:
571     (f)  Firearm records, including paper pawn transaction
572forms and contracts on firearm transactions, required by
573chapters 538 and 539.
574     1.  Electronic firearm records held pursuant to chapter 538
575may only be kept by a secondhand dealer for 30 days after the
576date of the purchase of the firearm by the secondhand dealer.
577     2.  Electronic firearm records held pursuant to chapter 539
578may only be kept by a pawnbroker for 30 days after the
579expiration of the loan that is secured by a firearm or 30 days
580after the date of purchase of a firearm, whichever is
581applicable.
582     3.  Except as required by federal law, any firearm records
583kept pursuant to chapter 538 or chapter 539 shall not, at any
584time, be electronically transferred to any public or private
585entity, agency, business, or enterprise, nor shall any such
586records be copied or transferred for purposes of accumulation of
587such records into lists, registries, or databases.
588     4.  Notwithstanding subparagraph 3., secondhand dealers and
589pawnbrokers may electronically submit firearm transaction
590records to the appropriate law enforcement agencies as required
591by chapters 538 and 539; however, the law enforcement agencies
592may not electronically submit such records to any other person
593or entity and must destroy such records within 60 days after
594receipt of such records.
595     5.  Notwithstanding subparagraph 3., secondhand dealers and
596pawnbrokers may electronically submit limited firearms records
597consisting solely of the manufacturer, model, serial number, and
598caliber of pawned or purchased firearms to a third-party private
599provider that is exclusively incorporated, exclusively owned,
600and exclusively operated in the United States and that restricts
601access to such information to only appropriate law enforcement
602agencies for legitimate law enforcement purposes. Such records
603must be destroyed within 30 days by the third-party provider. As
604a condition of receipt of such records, the third-party provider
605must agree in writing to comply with the requirements of this
606section. Any pawnbroker or secondhand dealer who contracts with
607a third-party provider other than as provided in this act or
608electronically transmits any records of firearms transactions to
609any third-party provider other than the records specifically
610allowed by this paragraph commits a felony of the second degree,
611punishable as provided in s. 775.082 or s. 775.083.
612     Section 10.  This act shall take effect October 1, 2005.


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