HB 651

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; exempting
8certain businesses that sell, rent, or trade motion
9picture videos or video games from ch. 538, F.S.; amending
10s. 538.04, F.S.; revising recordkeeping requirements for
11secondhand dealers; providing penalties for knowingly
12giving false verification of ownership or a false or
13altered identification, and for receiving money from a
14secondhand dealer for goods sold, consigned, or traded if
15the value of the money received is less than $300, and if
16the value of the money received is $300 or more; providing
17for the electronic transfer of secondhand dealer
18transactions under specified circumstances; authorizing
19appropriate law enforcement agencies to provide a
20secondhand dealer with a computer and other equipment
21necessary to electronically transfer secondhand dealer
22transactions; providing procedures with respect to
23electronic transfer of secondhand dealer transactions;
24amending s. 538.05, F.S.; revising provisions relating to
25the inspection of records and premises of secondhand
26dealers; amending s. 538.06, F.S.; revising provisions
27with respect to the holding of goods upon probable cause
28that the goods are stolen; providing for payment of
29restitution, attorney's fees, and costs to a secondhand
30dealer under specified circumstances; revising the time
31limit for maintenance of transaction records by dealers in
32secondhand property; amending s. 538.07, F.S.; revising
33provisions relating to restitution for stolen property
34recovered from a secondhand dealer; amending s. 538.09,
35F.S.; revising provisions with respect to registration as
36a secondhand dealer; revising conditions under which
37registration may be denied, revoked, restricted, or
38suspended by the Department of Revenue; repealing s.
39538.16, F.S., relating to disposal of property by
40secondhand dealers; amending s. 516.02, F.S.; removing
41cross-references; reenacting s. 790.335(3)(f), F.S., which
42provides a second degree felony penalty for any secondhand
43dealer who contracts with a specified third-party provider
44or electronically transmits certain records of firearms
45transactions to any third-party provider; providing an
46effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Section 538.03, Florida Statutes, is amended to
51read:
52     538.03  Definitions; applicability.--
53     (1)  As used in this part, the term:
54     (a)  "Secondhand dealer" means any person, corporation, or
55other business organization or entity which is not a secondary
56metals recycler subject to part II and which is engaged in the
57business of purchasing, consigning, or trading pawning
58secondhand goods. However, secondhand dealers are not limited to
59dealing only in items defined as secondhand goods in paragraph
60(g). Except as provided in subsection (2), the term means
61pawnbrokers, jewelers, precious metals dealers, garage sale
62operators, secondhand stores, and consignment shops.
63     (b)  "Precious metals dealer" means a secondhand dealer who
64normally or regularly engages in the business of buying used
65precious metals for resale. The term does not include those
66persons involved in the bulk sale of precious metals from one
67secondhand or precious metals dealer to another.
68     (c)  "Pawnbroker" means any person, corporation, or other
69business organization or entity which is regularly engaged in
70the business of making pawns but does not include a financial
71institution as defined in s. 655.005 or any person who regularly
72loans money or any other thing of value on stocks, bonds, or
73other securities.
74     (d)  "Pawn" means either of the following transactions:
75     1.  Loan of money.--A written or oral bailment of personal
76property as security for an engagement or debt, redeemable on
77certain terms and with the implied power of sale on default.
78     2.  Buy-sell agreement.--An agreement whereby a purchaser
79agrees to hold property for a specified period of time to allow
80the seller the exclusive right to repurchase the property. A
81buy-sell agreement is not a loan of money.
82     (c)(e)  "Secondhand store" means the place or premises at
83which a secondhand dealer is registered to conduct business as a
84secondhand dealer, or conducts business, including pawn shops.
85     (d)(f)  "Consignment shop" means a shop engaging in the
86business of accepting for sale, on consignment, secondhand goods
87which, having once been used or transferred from the
88manufacturer to the dealer, are then received into the
89possession of a third party.
90     (e)  "Acquire" means to obtain by purchase, consignment, or
91trade.
92     (f)(g)  "Secondhand goods" means personal property
93previously owned or used, which is not regulated metals property
94regulated under part II and which is purchased, consigned, or
95traded pawned as used property. Such secondhand goods shall not
96include office furniture, pianos, books, clothing, organs,
97coins, motor vehicles, costume jewelry, and secondhand sports
98equipment that is not permanently labeled with a serial number.
99For purposes of this paragraph, "secondhand sports equipment"
100does not include golf clubs. be limited to watches; diamonds,
101gems, and other precious stones; fishing rods, reels, and
102tackle; audio and video electronic equipment, including
103television sets, compact disc players, radios, amplifiers,
104receivers, turntables, tape recorders; video tape recorders;
105speakers and citizens' band radios; computer equipment; radar
106detectors; depth finders; trolling motors; outboard motors;
107sterling silver flatware and serving pieces; photographic
108equipment, including cameras, video and film cameras, lenses,
109electronic flashes, tripods, and developing equipment; microwave
110ovens; animal fur coats; marine equipment; video games and
111cartridges; power lawn and landscape equipment; office equipment
112such as copiers, fax machines, and postage machines but
113excluding furniture; sports equipment; golf clubs; weapons,
114including knives, swords, and air guns; telephones, including
115cellular and portable; firearms; tools; calculators; musical
116instruments, excluding pianos and organs; lawnmowers; bicycles;
117typewriters; motor vehicles; gold, silver, platinum, and other
118precious metals excluding coins; and jewelry, excluding costume
119jewelry.
120     (g)(h)  "Transaction" means any purchase, consignment, or
121trade pawn of secondhand goods by a secondhand dealer.
122     (h)(i)  "Precious metals" means any item containing any
123gold, silver, or platinum, or any combination thereof,
124excluding:
125     1.  any chemical or any automotive, photographic,
126electrical, medical, or dental materials or electronic parts.
127     2.  Any coin with an intrinsic value less than its
128numismatic value.
129     3.  Any gold bullion coin.
130     4.  Any gold, silver, or platinum bullion that has been
131assayed and is properly marked as to its weight and fineness.
132     5.  Any coin which is mounted in a jewelry setting.
133     (i)(j)  "Department" means the Department of Revenue.
134     (k)  "Pledge" means pawn or buy-sell agreement.
135     (2)  This chapter does not apply to:
136     (a)  Any secondhand goods transaction involving an
137organization or entity registered with the state as a nonprofit,
138religious, or charitable organization or any school-sponsored
139association or organization other than a secondary metals
140recycler subject to the provisions of part II.
141     (b)  A law enforcement officer acting in an official
142capacity.
143     (c)  A trustee in bankruptcy, executor, administrator, or
144receiver who has presented proof of such status to the
145secondhand dealer.
146     (d)  Any public official acting under judicial process or
147authority who has presented proof of such status to the
148secondhand dealer.
149     (e)  A sale on the execution, or by virtue of any process
150issued by a court, if proof thereof has been presented to the
151secondhand dealer.
152     (f)  Any garage sale operator who holds garage sales less
153than 10 weekends per year.
154     (g)  Any person at antique, coin, or collectible shows or
155sales.
156     (h)  Any person who sells household personal property as an
157agent for the property owner or their representative pursuant to
158a written agreement at that person's residence.
159     (i)  The purchase, consignment, or trade pawn of secondhand
160goods from one secondhand dealer to another secondhand dealer
161when the selling secondhand dealer has complied with the
162requirements of this chapter.
163     (j)  Any person accepting a secondhand good as a trade-in
164for a similar item of greater value.
165     (k)  Any person purchasing, consigning, or trading pawning
166secondhand goods at a flea market regardless of whether at a
167temporary or permanent business location at the flea market.
168     (l)  Any auction business as defined in s. 468.382(1).
169     (m)  Any business that is registered with the Department of
170Revenue for sales tax purposes as an antique dealer pursuant to
171chapter 212 and that purchases secondhand goods from the
172property owner or her or his representative at the property
173owner's residence pursuant to a written agreement that states
174the name, address, and telephone number of the property owner
175and the type of property purchased.
176     (n)  A business that contracts with other persons or
177entities to offer its secondhand goods for sale, purchase,
178consignment, or trade via an Internet website, and that
179maintains a shop, store, or other business premises for this
180purpose, if all of the following apply:
181     1.  The secondhand goods must be available on the website
182for viewing by the general public at no charge;
183     2.  The records of the sale, purchase, consignment, or
184trade must be maintained for at least 2 years;
185     3.  The records of the sale, purchase, consignment, or
186trade, and the description of the secondhand goods as listed on
187the website, must contain the serial number of each item, if
188any;
189     4.  The secondhand goods listed on the website must be
190searchable based upon the state or zip code;
191     5.  The business must provide the appropriate law
192enforcement agency with the name or names under which it
193conducts business on the website;
194     6.  The business must allow the appropriate law enforcement
195agency to inspect its business premises at any time during
196normal business hours;
197     7.  Any payment by the business resulting from such a sale,
198purchase, consignment, or trade must be made to the person or
199entity with whom the business contracted to offer the goods and
200must be made by check or via a money transmitter licensed under
201part II of chapter 560; and
202     8.a.  At least 48 hours after the estimated time of
203contracting to offer the secondhand goods, the business must
204verify that any item having a serial number is not stolen
205property by entering the serial number of the item into the
206Department of Law Enforcement's stolen article database located
207at the Florida Crime Information Center's public access system
208website. The business shall record the date and time of such
209verification on the contract covering the goods. If such
210verification reveals that an item is stolen property, the
211business shall immediately remove the item from any website on
212which it is being offered and notify the appropriate law
213enforcement agency; or
214     b.  The business must provide the appropriate law
215enforcement agency with an electronic copy of the name, address,
216phone number, driver's license number, and issuing state of the
217person with whom the business contracted to offer the goods, as
218well as an accurate description of the goods, including make,
219model, serial number, and any other unique identifying marks,
220numbers, names, or letters that may be on an item, in a format
221agreed upon by the business and the appropriate law enforcement
222agency. This information must be provided to the appropriate law
223enforcement agency within 24 hours after entering into the
224contract unless other arrangements are made between the business
225and the law enforcement agency. Any person purchasing,
226consigning, or pawning secondhand goods ordered by mail,
227computer-assisted shopping, media-assisted, media-facilitated,
228or media-solicited shopping or shopping by other means of media
229communication, including, but not limited to, direct mail
230advertising, unsolicited distribution of catalogs, television,
231radio, or other electronic media, telephone, magazine, or
232newspaper advertising, so long as such person is in this state
233at the time of the order.
234     (o)  Any person offering his or her own personal property
235for sale, purchase, consignment, or trade via an Internet
236website, or a person or entity offering the personal property of
237others for sale, purchase, consignment, or trade via an Internet
238website, when that person or entity does not have, and is not
239required to have, a local occupational or business license for
240this purpose.
241     (p)  A business whose primary business is the sale, rental,
242or trade of motion picture videos or video games, if the
243business:
244     1.  Requires the sellers of secondhand goods to have a
245current account with the business;
246     2.  Has on file in a readily accessible format the name,
247current residential address, home and work telephone numbers,
248government-issued identification number, place of employment,
249date of birth, gender, and right thumbprint of each seller of
250secondhand goods;
251     3.  Purchases secondhand goods from the property owner or
252his or her representative at the place of business pursuant to
253an agreement in writing and signed by the property owner which
254describes the property purchased, states the date and time of
255the purchase, and states that the seller is the lawful owner of
256the property;
257     4.  Retains such purchase agreements for not less than 1
258year; and
259     5.  Pays for the purchased property in the form of a store
260credit that is issued to the seller and is redeemable solely by
261the seller or another authorized user of the seller's account
262with that business.
263     (q)(o)  A motor vehicle dealer as defined in s. 320.27.
264     (3)  This part does not apply to secondary metals recyclers
265regulated under part II, except for s. 538.11, which applies to
266both secondhand dealers and secondary metals recyclers.
267     Section 2.  Section 538.04, Florida Statutes, is amended to
268read:
269     538.04  Recordkeeping requirements; penalties.--
270     (1)  Secondhand dealers shall complete a secondhand dealers
271transaction form at the time of the actual transaction. A
272secondhand dealer shall maintain a copy of a completed
273transaction form on the registered premises for at least 1 year
274after the date of the transaction. However, the secondhand
275dealer shall maintain a copy of the transaction form for a
276period of no less than 3 years. Secondhand dealers shall
277maintain records of all transactions of secondhand goods on the
278premises. Unless other arrangements have been agreed upon by the
279secondhand dealer and the appropriate law enforcement agency,
280the secondhand dealer shall, within 24 hours after of the
281acquisition of any secondhand goods, by purchase or pledge as
282security for a loan, a secondhand dealer shall deliver to the
283police department of the municipality where the goods were
284acquired purchased or, if the goods were acquired purchased
285outside of a municipality, to the sheriff's department of the
286county where the goods were acquired purchased, a record of the
287transaction on a form approved by the Department of Law
288Enforcement. Such record shall contain:
289     (a)  The time, date, and place of the transaction.
290     (b)  A complete and accurate description of the goods
291acquired, including the following information, if applicable:
292any serial numbers, manufacturer's numbers, or other identifying
293marks or characteristics.
294     1.  Brand name.
295     2.  Model number.
296     3.  Manufacturer's serial number.
297     4.  Size.
298     5.  Color, as apparent to the untrained eye.
299     6.  Precious metal type, weight, and content, if known.
300     7.  Gemstone description, including the number of stones,
301if applicable.
302     8.  In the case of firearms, the type of action, caliber or
303gauge, number of barrels, barrel length, and finish.
304     9.  Any other unique identifying marks, numbers, or
305letters.
306     (c)  A description of the person from whom the goods were
307acquired, including:
308     1.  Full name, current residential address, workplace, and
309home and work phone numbers.
310     2.  Height, weight, date of birth, race, gender, hair
311color, eye color, and any other identifying marks.
312     3.  The right thumbprint, free of smudges and smears, of
313the person from whom the goods were acquired.
314     (d)  Any other information required by the form approved by
315the Department of Law Enforcement.
316     (2)  The secondhand dealer shall require verification of
317the identification by the exhibition of a government-issued
318photographic identification card such as a driver's license or
319military identification card. The record shall contain the type
320of identification exhibited, the issuing agency, and the number
321thereon.
322     (3)  The seller shall sign a statement verifying that the
323seller is the rightful owner of the goods or is entitled to
324sell, consign, or trade pledge the goods.
325     (4)  Any person who knowingly gives false verification of
326ownership or who gives a false or altered identification, and
327who receives money from a secondhand dealer for goods sold,
328consigned, or traded pledged commits:
329     (a)  If the value of the money received is less than $300,
330a felony misdemeanor of the third first degree, punishable as
331provided in s. 775.082, or s. 775.083, or s. 775.084.
332     (b)  If the value of the money received is $300 or more, a
333felony of the second third degree, punishable as provided in s.
334775.082, s. 775.083, or s. 775.084.
335     (5)  Secondhand dealers are exempt from the provisions of
336this section for all transactions involving secondhand sports
337equipment except secondhand sports equipment that is permanently
338labeled with a serial number.
339     (6)  If the appropriate law enforcement agency supplies a
340secondhand dealer with appropriate software and the secondhand
341dealer has computer capability, secondhand dealer transactions
342shall be electronically transferred. If a secondhand dealer does
343not have computer capability, the appropriate law enforcement
344agency may provide the secondhand dealer with a computer and all
345necessary equipment for the purpose of electronically
346transferring secondhand dealer transactions. The appropriate law
347enforcement agency shall retain ownership of the computer,
348unless otherwise agreed upon. The secondhand dealer shall
349maintain the computer in good working order, ordinary wear and
350tear excepted. In the event the secondhand dealer transfers
351secondhand dealer transactions electronically, the secondhand
352dealer is not required to also deliver to the appropriate law
353enforcement agency the original or copies of the secondhand
354transaction forms. For the purpose of a criminal investigation,
355the appropriate law enforcement agency may request that the
356secondhand dealer produce an original of a transaction form that
357has been electronically transferred. The secondhand dealer shall
358deliver this form to the appropriate law enforcement agency
359within 24 hours after the request.
360     (7)  If the original transaction form is lost or destroyed
361by the appropriate law enforcement agency, a copy may be used by
362the secondhand dealer as evidence in court. When an electronic
363image of a customer's identification is accepted for a
364transaction, the secondhand dealer must maintain the electronic
365image in order to meet the recordkeeping requirements applicable
366to the original transaction form. If a criminal investigation
367occurs, the secondhand dealer shall, upon request, provide a
368clear and legible copy of the image to the appropriate law
369enforcement agency.
370     Section 3.  Section 538.05, Florida Statutes, is amended to
371read:
372     538.05  Inspection of records and premises of secondhand
373dealers.--
374     (1)  The entire registered premises and required records of
375each secondhand dealer are subject to inspection during regular
376business hours by any law enforcement officer with jurisdiction
377the police department if the premises are located within a
378municipality or, if located outside a municipality, by the
379sheriff's department of the county in which the premises are
380located, and by any state law enforcement officer who has
381jurisdiction over the dealer.
382     (2)  The inspection authorized by subsection (1) shall
383consist of an examination on the registered premises of the
384inventory and required records to determine whether the records
385and inventory are being maintained on the registered premises as
386required by s. 538.04 and whether the holding period required by
387s. 538.06 is being complied with.
388     Section 4.  Section 538.06, Florida Statutes, is amended to
389read:
390     538.06  Holding period.--
391     (1)  A secondhand dealer shall not sell, barter, exchange,
392alter, adulterate, use, or in any way dispose of any secondhand
393goods within 15 calendar days after of the date of acquisition
394of the goods. Such holding periods are not applicable when the
395person known by the secondhand dealer to be the person from whom
396the goods were acquired desires to redeem, repurchase, or
397recover the goods, provided the dealer can produce the record of
398the original transaction with verification that the customer is
399the person from whom the goods were originally acquired.
400     (2)  A secondhand dealer must maintain actual physical
401possession of all secondhand goods throughout a transaction. It
402is unlawful for a secondhand dealer to accept title or any other
403form of security in secondhand goods in lieu of actual physical
404possession. A secondhand dealer who accepts title or any other
405form of security in secondhand goods in lieu of actual physical
406possession commits a misdemeanor of the first degree, punishable
407as provided in s. 775.082 or s. 775.083.
408     (3)  Upon probable cause that goods held by a secondhand
409dealer are stolen, a law enforcement officer with jurisdiction
410may place a 90-day written hold order on the goods extend the
411holding period to a maximum of 60 days. However, the hold
412holding period may be extended beyond 90 60 days by a court of
413competent jurisdiction upon a finding of probable cause that the
414property is stolen and further holding is necessary for the
415purposes of trial or to safeguard such property. The dealer
416shall assume all responsibility, civil or criminal, relative to
417the property or evidence in question, including responsibility
418for the actions of any employee with respect thereto.
419     (4)  While a hold order is in effect, the secondhand dealer
420must, upon request, release the property subject to the hold
421order to the custody of a law enforcement officer with
422jurisdiction for use in a criminal investigation. The release of
423the property to the custody of the law enforcement officer is
424not considered a waiver or release of the secondhand dealer's
425rights or interest in the property. Upon completion of the
426criminal proceeding, the property must be returned to the
427secondhand dealer unless the court orders other disposition.
428When such other disposition is ordered, the court shall
429additionally order the person from whom the secondhand dealer
430acquired the property to pay restitution to the secondhand
431dealer in the amount that the secondhand dealer paid for the
432property together with reasonable attorney's fees and costs.
433     (5)(4)  All dealers in secondhand property regulated by
434this chapter shall maintain transaction records for 3 5 years.
435     Section 5.  Section 538.07, Florida Statutes, is amended to
436read:
437     538.07  Penalty for violation of chapter.--
438     (1)  Except as where otherwise provided herein, a person
439who knowingly violates any provision of this chapter commits a
440misdemeanor of the first degree, punishable as provided in s.
441775.082 and by a fine not to exceed $10,000.
442     (2)  When the lawful owner recovers stolen property from a
443secondhand dealer and the person who sold or pledged the stolen
444property to the secondhand dealer is convicted of theft, a
445violation of this section, or dealing in stolen property, the
446court shall order the defendant to make restitution to either
447the secondhand dealer or the lawful owner, as applicable,
448pursuant to s. 775.089.
449     Section 6.  Section 538.09, Florida Statutes, is amended to
450read:
451     538.09  Registration.--
452     (1)  A secondhand dealer shall not engage in the business
453of purchasing, consigning, or trading pawning secondhand goods
454from any location without registering with the Department of
455Revenue. A fee equal to the federal and state costs for
456processing required fingerprints must be submitted to the
457department with each application for registration. One
458application is required for each dealer. If a secondhand dealer
459is the owner of more than one secondhand store location, the
460application must list each location, and the department shall
461issue a duplicate registration for each location. For purposes
462of subsections (4) and (5) of this section, these duplicate
463registrations shall be deemed individual registrations. A dealer
464shall pay a fee of $6 per location at the time of registration
465and an annual renewal fee of $6 per location on October 1 of
466each year. All fees collected, less costs of administration,
467shall be transferred into a trust fund to be established and
468entitled the Secondhand Dealer and Secondary Metals Recycler
469Clearing Trust Fund. The Department of Revenue shall forward the
470full set of fingerprints to the Department of Law Enforcement
471for state and federal processing, provided the federal service
472is available, to be processed for any criminal justice
473information as defined in s. 943.045. The cost of processing
474such fingerprints shall be payable to the Department of Law
475Enforcement by the Department of Revenue. The department may
476issue a temporary registration to each location pending
477completion of the background check by state and federal law
478enforcement agencies, but shall revoke such temporary
479registration if the completed background check reveals a
480prohibited criminal background. An applicant for a secondhand
481dealer registration must be a natural person who has reached the
482age of 18 years.
483     (a)  If the applicant is a partnership, all the partners
484must apply.
485     (b)  If the applicant is a joint venture, association, or
486other noncorporate entity, all members of such joint venture,
487association, or other noncorporate entity must make application
488for registration as natural persons.
489     (c)  If the applicant is a corporation, the registration
490must include the name and address of such corporation's
491registered agent for service of process in the state and a
492certified copy of statement from the Secretary of State that the
493corporation is duly organized in the state or, if the
494corporation is organized in a state other than Florida, a
495certified copy of statement from the Secretary of State that the
496corporation is duly qualified to do business in this state. If
497the dealer has more than one location, the application must list
498each location owned by the same legal entity and the department
499shall issue a duplicate registration for each location.
500     (2)  The secondhand dealer shall furnish with her or his
501registration a complete set of her or his fingerprints,
502certified by an authorized law enforcement officer, and a recent
503fullface photographic identification card of herself or himself.
504The Department of Law Enforcement shall report its findings to
505the Department of Revenue within 30 days after the date
506fingerprint cards are submitted for criminal justice
507information.
508     (3)  The secondhand dealer's registration shall be
509conspicuously displayed at her or his registered location
510principal place of business. A secondhand dealer must hold
511secondhand goods at the registered location until 15 days after
512the secondhand transaction or until any extension of the holding
513period has expired, whichever is later, and must retain records
514of each transaction which is not specifically exempted by this
515chapter. A secondhand dealer shall not dispose of property at
516any location until the holding period has expired unless the
517transaction is specifically exempted by this chapter.
518     (4)  The department may impose a civil fine of up to
519$10,000 for each violation of this section, which fine shall be
520transferred into the General Revenue Fund. If the fine is not
521paid within 60 days, the department may bring a civil action
522under s. 120.69 to recover the fine.
523     (5)  In addition to the fine provided in subsection (4),
524registration under this section may be denied or any
525registration granted may be revoked, restricted, or suspended by
526the department if the department determines that the applicant
527or registrant:
528     (a)  Has violated any provision of this chapter or any rule
529or order made pursuant to this chapter;
530     (b)  Has made a material false statement in the application
531for registration;
532     (c)  Has been guilty of a fraudulent act in connection with
533any purchase or sale or has been or is engaged in or is about to
534engage in any practice, purchase, or sale which is fraudulent or
535in violation of the law;
536     (d)  Has made a misrepresentation or false statement to, or
537concealed any essential or material fact from, any person in
538making any purchase or sale;
539     (e)  Is making purchases or sales through any business
540associate not registered in compliance with the provisions of
541this chapter;
542     (f)  Has, within the preceding 10-year 5-year period for
543new registrants who apply for registration on or after October
5441, 2005, been convicted of, or has entered a plea of guilty or
545nolo contendere to, or had adjudication withheld for, a crime
546against the laws of this state or any other state or of the
547United States which relates to registration as a secondhand
548dealer or which involves theft, larceny, dealing in stolen
549property, receiving stolen property, burglary, embezzlement,
550obtaining property by false pretenses, possession of altered
551property, any felony drug offense, any violation of s. 812.015,
552or any fraudulent or dishonest dealing;
553     (g)  Has had a final judgment entered against her or him in
554a civil action upon grounds of fraud, embezzlement,
555misrepresentation, or deceit; or
556     (h)  Has failed to pay any sales tax owed to the Department
557of Revenue.
558
559
560In the event the department determines to deny an application or
561revoke a registration, it shall enter a final order with its
562findings on the register of secondhand dealers and their
563business associates, if any; and denial, suspension, or
564revocation of the registration of a secondhand dealer shall also
565deny, suspend, or revoke the registration of such secondhand
566dealer's business associates.
567     (6)  Upon the request of a law enforcement official, the
568Department of Revenue shall release to the official the name and
569address of any secondhand dealer registered to do business
570within the official's jurisdiction.
571     Section 7.  Section 538.16, Florida Statutes, is repealed.
572     Section 8.  Subsection (4) of section 516.02, Florida
573Statutes, is amended to read:
574     516.02  Loans; lines of credit; rate of interest;
575license.--
576     (4)  This chapter does not apply to any person who does
577business under, and as permitted by, any law of this state or of
578the United States relating to banks, savings banks, trust
579companies, building and loan associations, credit unions, or
580industrial loan and investment companies. This chapter also does
581not apply to title loans as defined in s. 538.03(1)(i) or pawns
582as defined in s. 538.03(1)(d). A pawnbroker may not be licensed
583to transact business under this chapter.
584     Section 9.  For the purpose of incorporating the amendment
585made by this act to section 538.03, Florida Statutes, in a
586reference thereto, paragraph (f) of subsection (3) of section
587790.335, Florida Statutes, is reenacted to read:
588     790.335  Prohibition of registration of firearms.--
589     (3)  EXCEPTIONS.--The provisions of this section shall not
590apply to:
591     (f)  Firearm records, including paper pawn transaction
592forms and contracts on firearm transactions, required by
593chapters 538 and 539.
594     1.  Electronic firearm records held pursuant to chapter 538
595may only be kept by a secondhand dealer for 30 days after the
596date of the purchase of the firearm by the secondhand dealer.
597     2.  Electronic firearm records held pursuant to chapter 539
598may only be kept by a pawnbroker for 30 days after the
599expiration of the loan that is secured by a firearm or 30 days
600after the date of purchase of a firearm, whichever is
601applicable.
602     3.  Except as required by federal law, any firearm records
603kept pursuant to chapter 538 or chapter 539 shall not, at any
604time, be electronically transferred to any public or private
605entity, agency, business, or enterprise, nor shall any such
606records be copied or transferred for purposes of accumulation of
607such records into lists, registries, or databases.
608     4.  Notwithstanding subparagraph 3., secondhand dealers and
609pawnbrokers may electronically submit firearm transaction
610records to the appropriate law enforcement agencies as required
611by chapters 538 and 539; however, the law enforcement agencies
612may not electronically submit such records to any other person
613or entity and must destroy such records within 60 days after
614receipt of such records.
615     5.  Notwithstanding subparagraph 3., secondhand dealers and
616pawnbrokers may electronically submit limited firearms records
617consisting solely of the manufacturer, model, serial number, and
618caliber of pawned or purchased firearms to a third-party private
619provider that is exclusively incorporated, exclusively owned,
620and exclusively operated in the United States and that restricts
621access to such information to only appropriate law enforcement
622agencies for legitimate law enforcement purposes. Such records
623must be destroyed within 30 days by the third-party provider. As
624a condition of receipt of such records, the third-party provider
625must agree in writing to comply with the requirements of this
626section. Any pawnbroker or secondhand dealer who contracts with
627a third-party provider other than as provided in this act or
628electronically transmits any records of firearms transactions to
629any third-party provider other than the records specifically
630allowed by this paragraph commits a felony of the second degree,
631punishable as provided in s. 775.082 or s. 775.083.
632     Section 10.  This act shall take effect October 1, 2006.


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