Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 1582
Ì572826<Î572826
LEGISLATIVE ACTION
Senate . House
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The Appropriations Committee on Criminal and Civil Justice
(Yarborough) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraph (k) of subsection (1) of
6 section 538.03, Florida Statutes, is redesignated as paragraph
7 (l), and a new paragraph (k) is added to that subsection, to
8 read:
9 538.03 Definitions; applicability.—
10 (1) As used in this part, the term:
11 (k) “Statewide data sharing system” means the system
12 available to all law enforcement agencies in this state,
13 exclusively accessible through agreements with such law
14 enforcement agencies, for the purpose of conducting queries of
15 shared pawn data at no cost to the user. All pawn data shared
16 with the statewide data sharing system must comply with s.
17 790.335.
18 Section 2. Subsection (6) of section 538.04, Florida
19 Statutes, is amended to read:
20 538.04 Recordkeeping requirements; penalties.—
21 (6) If the appropriate law enforcement official supplies a
22 secondhand dealer with appropriate software and the secondhand
23 dealer has computer capability, the secondhand dealer must
24 electronically transmit secondhand dealer transactions required
25 by this section to such official for inclusion in the statewide
26 data sharing system. If a secondhand dealer does not have
27 computer capability, the appropriate law enforcement official
28 may provide the secondhand dealer with a computer and all
29 equipment necessary to electronically transmit secondhand dealer
30 transactions. The appropriate law enforcement official shall
31 retain ownership of the computer, unless otherwise agreed upon,
32 and the secondhand dealer shall maintain the computer in good
33 working order, except for ordinary wear. A secondhand dealer who
34 transmits secondhand dealer transactions electronically is not
35 required to also deliver the original or paper copies of the
36 secondhand transaction forms to the appropriate law enforcement
37 official. However, such official may, for purposes of a criminal
38 investigation, request the secondhand dealer to deliver the
39 original transaction form that was electronically transmitted.
40 The secondhand dealer shall deliver the form to the appropriate
41 law enforcement official within 24 hours after receipt of the
42 request.
43 Section 3. Subsection (1) of section 538.19, Florida
44 Statutes, is amended to read:
45 538.19 Records required; limitation of liability.—
46 (1) A secondary metals recycler shall maintain a legible
47 paper record of all purchase transactions to which such
48 secondary metals recycler is a party. A secondary metals
49 recycler shall also maintain a legible electronic record, in the
50 English language, of all such purchase transactions. The
51 appropriate law enforcement official may provide data
52 specifications regarding the electronic record format, but such
53 format must be approved by the Department of Law Enforcement. An
54 electronic record of a purchase transaction shall be
55 electronically transmitted to the appropriate law enforcement
56 official for inclusion in the statewide data sharing system no
57 later than 10 a.m. of the business day following the date of the
58 purchase transaction. The record transmitted to the appropriate
59 law enforcement official must not contain the price paid for the
60 items. A secondary metals recycler who transmits such records
61 electronically is not required to also deliver the original or
62 paper copies of the transaction forms to the appropriate law
63 enforcement official. However, such official may, for purposes
64 of a criminal investigation, request the secondary metals
65 recycler to make available the original transaction form that
66 was electronically transmitted. This original transaction form
67 must include the price paid for the items. The secondary metals
68 recycler shall make the form available to the appropriate law
69 enforcement official within 24 hours after receipt of the
70 request.
71 Section 4. Subsections (3) and (6) of section 538.32,
72 Florida Statutes, are amended to read:
73 538.32 Registration, transaction, and recordkeeping
74 requirements; penalties.—
75 (3) For every transaction, the secondhand dealer shall must
76 keep a record of the following:
77 (a) A complete and accurate description of the seller’s
78 goods, including:
79 1. Precious metal type, or, if jewelry, the type of
80 jewelry.
81 2. Any other unique identifying marks, numbers, or letters.
82 The description must be in an electronic format agreed upon by
83 the dealer and the appropriate law enforcement agency.
84 (b) The date that the seller’s goods were received by the
85 mail-in secondhand precious metals dealer.
86
87 This information must be provided to the appropriate law
88 enforcement agency for inclusion in the statewide data sharing
89 system within 24 hours after entering into the contract unless
90 other arrangements are made between the business and the law
91 enforcement agency.
92 (6) The mail-in secondhand precious metals dealer shall
93 must provide the appropriate law enforcement agency with an
94 electronic copy of the name, address, phone number, driver
95 license number, or government-issued identification number, and
96 issuing state of the person from whom the dealer purchased or
97 acquired the precious metals or jewelry for inclusion in the
98 statewide data sharing system.
99 Section 5. Paragraphs (a) and (b) of subsection (9) of
100 section 539.001, Florida Statutes, are amended to read:
101 539.001 The Florida Pawnbroking Act.—
102 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.—
103 (a) A pawnbroker shall must maintain a copy of each
104 completed pawnbroker transaction form on the pawnshop premises
105 for at least 1 year after the date of the transaction. On or
106 before the end of each business day, the pawnbroker shall must
107 deliver to the appropriate law enforcement official, for
108 inclusion in the statewide data sharing system, the original
109 printed pawnbroker transaction forms or printed copies of the
110 digital pawnbroker transaction forms for each of the
111 transactions occurring during the previous business day, unless
112 other arrangements have been agreed upon between the pawnbroker
113 and the appropriate law enforcement official. If an original
114 printed transaction form is lost or destroyed by the appropriate
115 law enforcement official, a copy may be used by the pawnbroker
116 as evidence in court. When an electronic image of a pledgor or
117 seller identification is accepted for a transaction, the
118 pawnbroker must maintain the electronic image in order to meet
119 the same recordkeeping requirements as for the original printed
120 transaction form. If a criminal investigation occurs, the
121 pawnbroker must shall, upon request, provide a clear and legible
122 copy of the image to the appropriate law enforcement official.
123 (b) If the appropriate law enforcement agency supplies the
124 appropriate software and the pawnbroker presently has the
125 computer ability, pawn transactions must shall be electronically
126 transferred to the appropriate law enforcement official for
127 inclusion in the statewide data sharing system. If a pawnbroker
128 does not presently have the computer ability, the appropriate
129 law enforcement agency may provide the pawnbroker with a
130 computer and all necessary equipment for the purpose of
131 electronically transferring pawn transactions. The appropriate
132 law enforcement agency retains shall retain ownership of the
133 computer, unless otherwise agreed upon. The pawnbroker shall
134 maintain the computer in good working order, ordinary wear and
135 tear excepted. In the event the pawnbroker transfers pawn
136 transactions electronically, the pawnbroker is not required to
137 also deliver to the appropriate law enforcement official the
138 original or copies of the pawnbroker transaction forms. The
139 appropriate law enforcement official may, for the purposes of a
140 criminal investigation, request that the pawnbroker produce an
141 original of a printed transaction form that has been
142 electronically transferred. The pawnbroker shall deliver this
143 form to the appropriate law enforcement official within 24 hours
144 of the request.
145 Section 6. This act shall take effect July 1, 2027.
146
147 ================= T I T L E A M E N D M E N T ================
148 And the title is amended as follows:
149 Delete everything before the enacting clause
150 and insert:
151 A bill to be entitled
152 An act relating to statewide data sharing of
153 secondhand dealer and pawnbroker transactions;
154 amending s. 538.03, F.S.; defining the term “statewide
155 data sharing system”; amending ss. 538.04, 538.19,
156 538.32, and 539.001, F.S.; revising the recordkeeping,
157 transaction, and reporting requirements of certain
158 secondhand dealers and pawnbrokers regarding
159 transaction information to be shared with law
160 enforcement agencies for inclusion in the statewide
161 data sharing system; providing an effective date.