Florida Senate - 2026 CS for CS for SB 1582
By the Appropriations Committee on Criminal and Civil Justice;
the Committee on Commerce and Tourism; and Senator Yarborough
604-03223-26 20261582c2
1 A bill to be entitled
2 An act relating to statewide data sharing of
3 secondhand dealer and pawnbroker transactions;
4 amending s. 538.03, F.S.; defining the term “statewide
5 data sharing system”; amending ss. 538.04, 538.19,
6 538.32, and 539.001, F.S.; revising the recordkeeping,
7 transaction, and reporting requirements of certain
8 secondhand dealers and pawnbrokers regarding
9 transaction information to be shared with law
10 enforcement agencies for inclusion in the statewide
11 data sharing system; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Present paragraph (k) of subsection (1) of
16 section 538.03, Florida Statutes, is redesignated as paragraph
17 (l), and a new paragraph (k) is added to that subsection, to
18 read:
19 538.03 Definitions; applicability.—
20 (1) As used in this part, the term:
21 (k) “Statewide data sharing system” means the system
22 available to all law enforcement agencies in this state,
23 exclusively accessible through agreements with such law
24 enforcement agencies, for the purpose of conducting queries of
25 shared pawn data at no cost to the user. All pawn data shared
26 with the statewide data sharing system must comply with s.
27 790.335.
28 Section 2. Subsection (6) of section 538.04, Florida
29 Statutes, is amended to read:
30 538.04 Recordkeeping requirements; penalties.—
31 (6) If the appropriate law enforcement official supplies a
32 secondhand dealer with appropriate software and the secondhand
33 dealer has computer capability, the secondhand dealer must
34 electronically transmit secondhand dealer transactions required
35 by this section to such official for inclusion in the statewide
36 data sharing system. If a secondhand dealer does not have
37 computer capability, the appropriate law enforcement official
38 may provide the secondhand dealer with a computer and all
39 equipment necessary to electronically transmit secondhand dealer
40 transactions. The appropriate law enforcement official shall
41 retain ownership of the computer, unless otherwise agreed upon,
42 and the secondhand dealer shall maintain the computer in good
43 working order, except for ordinary wear. A secondhand dealer who
44 transmits secondhand dealer transactions electronically is not
45 required to also deliver the original or paper copies of the
46 secondhand transaction forms to the appropriate law enforcement
47 official. However, such official may, for purposes of a criminal
48 investigation, request the secondhand dealer to deliver the
49 original transaction form that was electronically transmitted.
50 The secondhand dealer shall deliver the form to the appropriate
51 law enforcement official within 24 hours after receipt of the
52 request.
53 Section 3. Subsection (1) of section 538.19, Florida
54 Statutes, is amended to read:
55 538.19 Records required; limitation of liability.—
56 (1) A secondary metals recycler shall maintain a legible
57 paper record of all purchase transactions to which such
58 secondary metals recycler is a party. A secondary metals
59 recycler shall also maintain a legible electronic record, in the
60 English language, of all such purchase transactions. The
61 appropriate law enforcement official may provide data
62 specifications regarding the electronic record format, but such
63 format must be approved by the Department of Law Enforcement. An
64 electronic record of a purchase transaction shall be
65 electronically transmitted to the appropriate law enforcement
66 official for inclusion in the statewide data sharing system no
67 later than 10 a.m. of the business day following the date of the
68 purchase transaction. The record transmitted to the appropriate
69 law enforcement official must not contain the price paid for the
70 items. A secondary metals recycler who transmits such records
71 electronically is not required to also deliver the original or
72 paper copies of the transaction forms to the appropriate law
73 enforcement official. However, such official may, for purposes
74 of a criminal investigation, request the secondary metals
75 recycler to make available the original transaction form that
76 was electronically transmitted. This original transaction form
77 must include the price paid for the items. The secondary metals
78 recycler shall make the form available to the appropriate law
79 enforcement official within 24 hours after receipt of the
80 request.
81 Section 4. Subsections (3) and (6) of section 538.32,
82 Florida Statutes, are amended to read:
83 538.32 Registration, transaction, and recordkeeping
84 requirements; penalties.—
85 (3) For every transaction, the secondhand dealer shall must
86 keep a record of the following:
87 (a) A complete and accurate description of the seller’s
88 goods, including:
89 1. Precious metal type, or, if jewelry, the type of
90 jewelry.
91 2. Any other unique identifying marks, numbers, or letters.
92 The description must be in an electronic format agreed upon by
93 the dealer and the appropriate law enforcement agency.
94 (b) The date that the seller’s goods were received by the
95 mail-in secondhand precious metals dealer.
96
97 This information must be provided to the appropriate law
98 enforcement agency for inclusion in the statewide data sharing
99 system within 24 hours after entering into the contract unless
100 other arrangements are made between the business and the law
101 enforcement agency.
102 (6) The mail-in secondhand precious metals dealer shall
103 must provide the appropriate law enforcement agency with an
104 electronic copy of the name, address, phone number, driver
105 license number, or government-issued identification number, and
106 issuing state of the person from whom the dealer purchased or
107 acquired the precious metals or jewelry for inclusion in the
108 statewide data sharing system.
109 Section 5. Paragraphs (a) and (b) of subsection (9) of
110 section 539.001, Florida Statutes, are amended to read:
111 539.001 The Florida Pawnbroking Act.—
112 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.—
113 (a) A pawnbroker shall must maintain a copy of each
114 completed pawnbroker transaction form on the pawnshop premises
115 for at least 1 year after the date of the transaction. On or
116 before the end of each business day, the pawnbroker shall must
117 deliver to the appropriate law enforcement official, for
118 inclusion in the statewide data sharing system, the original
119 printed pawnbroker transaction forms or printed copies of the
120 digital pawnbroker transaction forms for each of the
121 transactions occurring during the previous business day, unless
122 other arrangements have been agreed upon between the pawnbroker
123 and the appropriate law enforcement official. If an original
124 printed transaction form is lost or destroyed by the appropriate
125 law enforcement official, a copy may be used by the pawnbroker
126 as evidence in court. When an electronic image of a pledgor or
127 seller identification is accepted for a transaction, the
128 pawnbroker must maintain the electronic image in order to meet
129 the same recordkeeping requirements as for the original printed
130 transaction form. If a criminal investigation occurs, the
131 pawnbroker must shall, upon request, provide a clear and legible
132 copy of the image to the appropriate law enforcement official.
133 (b) If the appropriate law enforcement agency supplies the
134 appropriate software and the pawnbroker presently has the
135 computer ability, pawn transactions must shall be electronically
136 transferred to the appropriate law enforcement official for
137 inclusion in the statewide data sharing system. If a pawnbroker
138 does not presently have the computer ability, the appropriate
139 law enforcement agency may provide the pawnbroker with a
140 computer and all necessary equipment for the purpose of
141 electronically transferring pawn transactions. The appropriate
142 law enforcement agency retains shall retain ownership of the
143 computer, unless otherwise agreed upon. The pawnbroker shall
144 maintain the computer in good working order, ordinary wear and
145 tear excepted. In the event the pawnbroker transfers pawn
146 transactions electronically, the pawnbroker is not required to
147 also deliver to the appropriate law enforcement official the
148 original or copies of the pawnbroker transaction forms. The
149 appropriate law enforcement official may, for the purposes of a
150 criminal investigation, request that the pawnbroker produce an
151 original of a printed transaction form that has been
152 electronically transferred. The pawnbroker shall deliver this
153 form to the appropriate law enforcement official within 24 hours
154 of the request.
155 Section 6. This act shall take effect July 1, 2027.