Florida Senate - 2025 SB 1252
By Senator Yarborough
4-01602-25 20251252__
1 A bill to be entitled
2 An act relating to the statewide pawn data database;
3 creating s. 539.004, F.S.; providing definitions;
4 requiring the Department of Law Enforcement to create
5 a statewide database of transaction data
6 electronically reported by specified businesses;
7 providing requirements for the database; prohibiting
8 certain data transfers by third-party vendors;
9 providing restrictions on use; providing requirements
10 for data storage; providing penalties for violations;
11 authorizing rulemaking; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 539.004, Florida Statutes, is created to
16 read:
17 539.004 Pawn data database; data usage; storage;
18 violations.—
19 (1) DEFINITIONS.—As used in this section, the term:
20 (a) “Department” means the Department of Law Enforcement.
21 (b) “Law enforcement data” means data electronically
22 reported by second-hand dealers to law enforcement under chapter
23 538 and this chapter which is necessary for criminal
24 investigations and public safety efforts.
25 (c) “Pawn data” means information related to the
26 transactions of second-hand dealers and secondary metals
27 recyclers, including pawn shops, which is required by chapter
28 538 and this chapter to be reported electronically to law
29 enforcement officials. This includes, but is not limited to,
30 descriptions of property, seller information, transaction dates,
31 and any other data related to the exchange of goods.
32 (d) “Private vendor” means any third-party company or
33 entity that provides services related to the intake, management,
34 storage, or sharing of pawn data for law enforcement agencies.
35 (2) STATEWIDE PAWN DATA SHARING SYSTEM.—
36 (a) The department shall work with local and regional law
37 enforcement agencies to establish a centralized, statewide
38 system for the sharing of pawn transaction data no later than
39 December 31, 2026. This system will allow law enforcement
40 agencies in all counties in this state to access, update, and
41 share pawn data in real time to support criminal investigations
42 and enhance public safety.
43 (b) All law enforcement agencies in this state shall have
44 free, unrestricted access to the statewide pawn data sharing
45 system for the purpose of conducting investigations. Agencies
46 shall not be required to pay fees to access or share pawn data.
47 (c) The statewide pawn data sharing system shall ensure
48 interoperability between different law enforcement databases,
49 software solutions, and jurisdictions. The system must meet
50 established data standards to facilitate seamless communication
51 between agencies.
52 (3) DATA TRANSFER PROHIBITED.—
53 (a) Pawn data reported to law enforcement agencies remains
54 the exclusive property of the respective law enforcement
55 agencies and may not be transferred or sold to any third-party
56 vendor for any purpose other than the direct use of the
57 reporting law enforcement agency. Law enforcement agencies shall
58 retain full access to all pawn data they report and may not be
59 charged a fee or premium for accessing their own data.
60 (b) It is unlawful for a private vendor to sell, lease,
61 sublicense, or otherwise transfer pawn data for any commercial
62 purposes, including resale to other law enforcement agencies.
63 (4) DATA STORAGE.—Private vendors providing services
64 related to pawn data must ensure that all pawn data is stored,
65 managed, and transmitted in compliance with applicable privacy
66 and security laws and that it remains accessible to law
67 enforcement agencies without restrictions. Private vendors must
68 also ensure that data is shared freely between agencies to
69 support multi-jurisdictional investigations.
70 (5) PENALTIES FOR VENDOR VIOLATIONS.—Any private vendor
71 that sells, resells, or otherwise commodifies pawn data in
72 violation of this section is subject to civil penalties,
73 including fines of up to $500,000 per violation.
74 (6) PENALTIES FOR LAW ENFORCEMENT AGENCIES.—Any law
75 enforcement agency that fails to share pawn data with other
76 agencies through the statewide system is subject to
77 administrative penalties and may face restrictions on its
78 ability to access other law enforcement databases, as determined
79 by the department.
80 (7) RULEMAKING.—The department may adopt rules to implement
81 this section.
82 Section 2. This act shall take effect July 1, 2025.