Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2700
       
       
       
       
       
       
                                Barcode 371856                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Commerce (Gelber) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (r) is added to subsection (2) of
    6  section 538.03, Florida Statutes, to read:
    7         538.03 Definitions; applicability.—
    8         (2) This chapter does not apply to:
    9         (r) A business that contracts with other persons or
   10  entities to buy precious metals through an Internet website, the
   11  United States mail, or telemarketing if the business complies
   12  with all of the following requirements:
   13         1. Pictures of the secondhand precious metals that are the
   14  subject of the transaction must be available online for
   15  electronic viewing via a website that is accessible by user name
   16  and password only by a law enforcement agency at no charge to
   17  the law enforcement agency. Additionally, the electronic files
   18  must be searchable by a law enforcement agency for queries
   19  concerning property description, business transaction
   20  information, and the seller’s personal identification including
   21  address, state of residence, and zip code.
   22         2. Records of the sale, purchase, consignment, or trade of
   23  precious metals must be maintained by the business for at least
   24  2 years after the date of the transaction.
   25         3. The business must allow the appropriate law enforcement
   26  agency to inspect its business premises at any time during
   27  normal business hours.
   28         4. Any payment by the business resulting from the sale,
   29  purchase, consignment, or trade of precious metals must be made
   30  to the person or entity by check direct to a lawful bank account
   31  or via a money services business licensed under part II of
   32  chapter 560.
   33         5. The business must provide the appropriate law
   34  enforcement agency with an electronic copy of the name, address,
   35  phone number, driver’s license number, or government-issued
   36  identification number, and issuing state of the person with whom
   37  the business contracted to purchase the precious metals.
   38         6. The business must provide an accurate description of the
   39  precious metals, including the type of metal, or, if jewelry,
   40  the type of jewelry, and any unique identifying marks, numbers,
   41  names, or letters that may be on an item. The description must
   42  be in an electronic format agreed upon by the business and the
   43  appropriate law enforcement agency. This information must be
   44  provided within 24 hours after entering into the transaction or
   45  an agreed upon time by the business and the appropriate law
   46  enforcement agency.
   47         7. The business shall require the seller to provide a sworn
   48  statement that the driver’s license number or other government
   49  issued identification number and other identifying information
   50  provided by the seller is true and correct and that the seller
   51  is the rightful owner of the property and is authorized to sell
   52  the property. The business shall provide this information to the
   53  appropriate law enforcement agency upon the request of the law
   54  enforcement agency.
   55         8. The business may not sell, barter, exchange, alter,
   56  adulterate, use, or in any way dispose of any of the seller’s
   57  goods within 10 calendar days after the date payment is issued
   58  for acquisition of the precious metals.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62  
   63         Delete everything before the enacting clause
   64  and insert:
   65  
   66                        A bill to be entitled                      
   67         An act relating to secondhand dealers; amending s.
   68         538.03, F.S.; exempting a business that contracts to
   69         buy precious metals from the requirement that it be
   70         regulated as a secondhand dealer; specifying
   71         preconditions for the exemption from regulation;
   72         requiring that the business provide specified
   73         information to a law enforcement agency and retain the
   74         precious metals for a specified period after
   75         acquisition; providing an effective date.