Florida Senate - 2024                                     SB 314
       
       
        
       By Senator Boyd
       
       
       
       
       
       20-00384-24                                            2024314__
    1                        A bill to be entitled                      
    2         An act relating to business transactions; amending s.
    3         538.03, F.S.; revising the definition of the term
    4         “automated kiosk”; defining the term “statewide
    5         reporting system”; amending s. 538.04, F.S.; requiring
    6         the Department of Law Enforcement to supply the
    7         statewide reporting system to law enforcement agencies
    8         by a specified date; requiring the Department of Law
    9         Enforcement to contract with a private provider to
   10         supply a statewide reporting system for a specified
   11         purpose; providing requirements for the private
   12         provider and the system; requiring secondhand dealers
   13         to transmit their transactions electronically to the
   14         statewide reporting system; authorizing sheriffs to
   15         supply the necessary computer equipment to secondhand
   16         dealers that do not have computer capability; amending
   17         s. 538.32, F.S.; requiring a seller to provide certain
   18         government-issued identification before a precious
   19         metals dealer may remit payment to the seller;
   20         reordering and amending s. 539.001, F.S.; revising the
   21         definition of the term “identification”; defining the
   22         term “statewide reporting system”; requiring the
   23         department to contract with a private provider to
   24         supply a statewide reporting system for a specified
   25         purpose; providing requirements for the private
   26         provider and the system; requiring pawn transactions
   27         to be transmitted electronically using the statewide
   28         reporting system; authorizing sheriffs to supply the
   29         necessary computer equipment to pawnbrokers who do not
   30         have computer capability; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Present paragraph (k) of subsection (1) of
   35  section 538.03, Florida Statutes, is redesignated as paragraph
   36  (l), a new paragraph (k) is added to that subsection, and
   37  paragraph (c) of that subsection is amended, to read:
   38         538.03 Definitions; applicability.—
   39         (1) As used in this part, the term:
   40         (c) “Automated kiosk” means an interactive device that is
   41  permanently installed within a secure retail space and that has
   42  the following technological functions:
   43         1. Remotely monitored by a live representative during all
   44  business operating hours;
   45         2. Verification of a seller’s identity by a United States
   46  Government-issued photographic identification card or an
   47  electronic image taken from a United States Government-issued
   48  photographic identification or other verifiable government
   49  issued identification;
   50         3. Automated reading and recording of item serial numbers;
   51         4. Ability to compare item serial numbers against databases
   52  of stolen items;
   53         5. Secure storage of goods accepted by the kiosk; and
   54         6. Capture and storage of images during the transaction.
   55         (k) “Statewide reporting system” means software that the
   56  Department of Law Enforcement shares with law enforcement
   57  agencies in this state for all pawnbrokers, secondhand dealers,
   58  and secondary metals recyclers in this state to use to report
   59  transactions to law enforcement and for law enforcement agencies
   60  to use for investigations.
   61         Section 2. Subsection (6) of section 538.04, Florida
   62  Statutes, is amended to read:
   63         538.04 Recordkeeping requirements; penalties.—
   64         (6) On or before July 1, 2027, the Department of Law
   65  Enforcement shall supply a statewide reporting system to law
   66  enforcement agencies. The system shall be developed and
   67  maintained pursuant to s. 790.335(5) through a department
   68  contract with a third-party private provider that is exclusively
   69  incorporated, owned, and operated in the United States and that
   70  restricts access to such transaction information to appropriate
   71  law enforcement agencies for legitimate law enforcement purposes
   72  only. The system must have the ability to provide daily exports
   73  of the transaction data, in compliance with s. 790.335, to the
   74  Department of Law Enforcement for use in law enforcement data
   75  sharing systems. If the appropriate law enforcement official
   76  supplies a secondhand dealer has the with appropriate software
   77  and the secondhand dealer has computer capability, the
   78  secondhand dealer must electronically transmit secondhand dealer
   79  transactions required by this section to the statewide reporting
   80  system such official. If a secondhand dealer does not have
   81  computer capability, the sheriff having jurisdiction appropriate
   82  law enforcement official may provide the secondhand dealer with
   83  a computer and all equipment necessary to electronically
   84  transmit secondhand dealer transactions using the statewide
   85  reporting system. The sheriff retains appropriate law
   86  enforcement official shall retain ownership of the computer,
   87  unless otherwise agreed upon, and the secondhand dealer shall
   88  maintain the computer in good working order, except for ordinary
   89  wear. A secondhand dealer who transmits secondhand dealer
   90  transactions electronically is not required to also deliver the
   91  original or paper copies of the secondhand transaction forms to
   92  the appropriate law enforcement official. However, such official
   93  may, for purposes of a criminal investigation, request the
   94  secondhand dealer to deliver the original transaction form that
   95  was electronically transmitted. The secondhand dealer shall
   96  deliver the form to the appropriate law enforcement official
   97  within 24 hours after receipt of the request.
   98         Section 3. Paragraph (b) of subsection (2) of section
   99  538.32, Florida Statutes, is amended to read:
  100         538.32 Registration, transaction, and recordkeeping
  101  requirements; penalties.—
  102         (2) A mail-in secondhand precious metals dealer may not
  103  remit payment to a seller unless the seller has provided the
  104  following information:
  105         (b) The seller’s driver license number and issuing state or
  106  other United States Government-issued identification number or
  107  other verifiable government-issued identification.
  108         Section 4. Subsection (2) of section 539.001, Florida
  109  Statutes, is reordered and amended, and paragraph (b) of
  110  subsection (9) of that section is amended, to read:
  111         539.001 The Florida Pawnbroking Act.—
  112         (2) DEFINITIONS.—As used in this section, the term:
  113         (a) “Agency” means the Department of Agriculture and
  114  Consumer Services.
  115         (c)(b) “Appropriate law enforcement official” means the
  116  sheriff of the county in which a pawnshop is located or, in case
  117  of a pawnshop located within a municipality, the police chief of
  118  the municipality in which the pawnshop is located; however, any
  119  sheriff or police chief may designate as the appropriate law
  120  enforcement official for the county or municipality, as
  121  applicable, any law enforcement officer working within the
  122  county or municipality headed by that sheriff or police chief.
  123  Nothing in this subsection limits the power and responsibilities
  124  of the sheriff.
  125         (e)(c) “Claimant” means a person who claims that his or her
  126  property was misappropriated.
  127         (f)(d) “Conveying customer” means a person who delivers
  128  property into the custody of a pawnbroker, either by pawn, sale,
  129  consignment, or trade.
  130         (h)(e) “Identification” means a United States Government
  131  issued photographic identification or an electronic image taken
  132  from a United States Government-issued photographic
  133  identification or other verifiable government-issued
  134  identification.
  135         (i)(f) “Misappropriated” means stolen, embezzled,
  136  converted, or otherwise wrongfully appropriated against the will
  137  of the rightful owner.
  138         (j)(g) “Net worth” means total assets less total
  139  liabilities.
  140         (l)(h) “Pawn” means any advancement of funds on the
  141  security of pledged goods on condition that the pledged goods
  142  are left in the possession of the pawnbroker for the duration of
  143  the pawn and may be redeemed by the pledgor on the terms and
  144  conditions contained in this section.
  145         (n)(i) “Pawnbroker” means any person who is engaged in the
  146  business of making pawns; who makes a public display containing
  147  the term “pawn,” “pawnbroker,” or “pawnshop” or any derivative
  148  thereof; or who publicly displays a sign or symbol historically
  149  identified with pawns. A pawnbroker may also engage in the
  150  business of purchasing goods which includes consignment and
  151  trade.
  152         (o)(j) “Pawnbroker transaction form” means the instrument
  153  on which a pawnbroker records pawns and purchases as provided in
  154  subsection (8).
  155         (m)(k) “Pawn service charge” means a charge for
  156  investigating the title, storage, and insuring of the security;
  157  closing the transaction; making daily reports to appropriate law
  158  enforcement officials; expenses and losses; and all other
  159  services.
  160         (p)(l) “Pawnshop” means the location at which a pawnbroker
  161  conducts business.
  162         (q)(m) “Permitted vendor” means a vendor who furnishes a
  163  pawnbroker with an invoice specifying the vendor’s name and
  164  address, the date of the sale, a description of the items sold,
  165  and the sales price, and who has an established place of
  166  business, or, in the case of a secondhand dealer as defined in
  167  s. 538.03, has represented in writing that such dealer has
  168  complied with all applicable recordkeeping, reporting, and
  169  retention requirements pertaining to goods sold or otherwise
  170  delivered to a pawnbroker.
  171         (r)(n) “Person” means an individual, partnership,
  172  corporation, joint venture, trust, association, or other legal
  173  entity.
  174         (s)(o) “Pledged goods” means tangible personal property
  175  that is deposited with, or otherwise delivered into the
  176  possession of a pawnbroker in connection with a pawn. “Pledged
  177  goods” does not include titles or any other form of written
  178  security in tangible property in lieu of actual physical
  179  possession, including, but not limited to, choses in action,
  180  securities, printed evidence of indebtedness, or certificates of
  181  title and other instruments evidencing title to separate items
  182  of property, including motor vehicles. For purposes of federal
  183  and state bankruptcy laws, a pledgor’s interest in his or her
  184  pledged goods during the pendency of a pawn is a right of
  185  redemption only.
  186         (t)(p) “Pledgor” means an individual who delivers pledged
  187  goods into the possession of a pawnbroker in connection with a
  188  pawn.
  189         (u)(q) “Purchase” means the transfer and delivery of goods,
  190  by a person other than a permitted vendor, to a pawnbroker by
  191  acquisition for value, consignment, or trade for other goods.
  192         (b)(r) “Amount financed” is used interchangeably to mean
  193  the same as “amount of money advanced” or “principal amount”.
  194         (g)(s) “Default date” means that date upon which the
  195  pledgor’s right of redemption expires and absolute right, title,
  196  and interest in and to the pledged goods shall vest in and shall
  197  be deemed conveyed to the pawnbroker by operation of law.
  198         (d)(t) “Beneficial owner” means a person who does not have
  199  title to property but has rights in the property which are the
  200  normal incident of owning the property.
  201         (k)(u) “Operator” means a person who has charge of a
  202  corporation or company and has control of its business, or of
  203  its branch establishments, divisions, or departments, and who is
  204  vested with a certain amount of discretion and independent
  205  judgment.
  206         (v) “Statewide reporting system” means software that the
  207  Department of Law Enforcement shares with law enforcement
  208  agencies in this state for all pawnbrokers, secondhand dealers,
  209  and secondary metals recyclers in this state to use to report
  210  transactions to law enforcement and for law enforcement agencies
  211  to use for investigations.
  212         (9) RECORDKEEPING; REPORTING; HOLD PERIOD.—
  213         (b)1.The Department of Law Enforcement shall supply a
  214  statewide reporting system to law enforcement agencies. The
  215  system shall be developed and maintained pursuant to s.
  216  790.335(5) through a department contract with a third-party
  217  private provider that is exclusively incorporated, owned, and
  218  operated in the United States and that restricts access to such
  219  transaction information to appropriate law enforcement agencies
  220  for legitimate law enforcement purposes only. The system must
  221  have the ability to provide daily exports of the transaction
  222  data, in compliance with s. 790.335, to the Department of Law
  223  Enforcement for use in law enforcement data-sharing systems.
  224         2. If a the appropriate law enforcement agency supplies the
  225  appropriate software and the pawnbroker presently has the
  226  computer capability ability, pawn transactions shall be
  227  electronically transferred. If a pawnbroker does not presently
  228  have the computer capability ability, the sheriff having
  229  jurisdiction over the pawnshop location appropriate law
  230  enforcement agency may provide the pawnbroker with a computer
  231  and all necessary equipment for the purpose of electronically
  232  transferring pawn transactions using the statewide reporting
  233  system. The sheriff retains appropriate law enforcement agency
  234  shall retain ownership of the computer, unless otherwise agreed
  235  upon. The pawnbroker shall maintain the computer in good working
  236  order, ordinary wear and tear excepted. In the event the
  237  pawnbroker transfers pawn transactions electronically, the
  238  pawnbroker is not required to also deliver to the appropriate
  239  law enforcement official the original or copies of the
  240  pawnbroker transaction forms. The appropriate law enforcement
  241  official may, for the purposes of a criminal investigation,
  242  request that the pawnbroker produce an original of a transaction
  243  form that has been electronically transferred. The pawnbroker
  244  shall deliver this form to the appropriate law enforcement
  245  official within 24 hours of the request.
  246         Section 5. This act shall take effect July 1, 2024.