Senate Bill sb1864

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1864

    By Senator Crist





    12-1113-05                                          See HB 855

  1                      A bill to be entitled

  2         An act relating to secondhand dealers; amending

  3         s. 538.03, F.S.; revising definitions; revising

  4         applicability of ch. 538, F.S.; amending s.

  5         538.04, F.S.; revising recordkeeping

  6         requirements for secondhand dealers; providing

  7         penalties for knowingly giving false

  8         verification of ownership or a false or altered

  9         identification, and for receiving money from a

10         secondhand dealer for goods sold, consigned, or

11         traded if the value of the money received is

12         less than $300, and if the value of the money

13         received is $300 or more; providing for the

14         electronic transfer of secondhand dealer

15         transactions under specified circumstances;

16         authorizing appropriate law enforcement

17         agencies to provide a secondhand dealer with a

18         computer and other equipment necessary to

19         electronically transfer secondhand dealer

20         transactions; providing procedures with respect

21         to electronic transfer of secondhand dealer

22         transactions; amending s. 538.05, F.S.;

23         revising provisions relating to the inspection

24         of records and premises of secondhand dealers;

25         amending s. 538.06, F.S.; revising provisions

26         with respect to the holding period during which

27         a secondhand dealer may not sell, barter,

28         exchange, alter, adulterate, use, or dispose of

29         secondhand goods; revising provisions with

30         respect to the holding of goods upon probable

31         cause that the goods are stolen; providing for

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1         payment of restitution, attorney's fees, and

 2         costs to a secondhand dealer under specified

 3         circumstances; increasing the time limit for

 4         maintenance of transaction records by dealers

 5         in secondhand property; amending s. 538.07,

 6         F.S.; revising provisions relating to

 7         restitution for stolen property recovered from

 8         a secondhand dealer; amending s. 538.09, F.S.;

 9         revising provisions with respect to

10         registration as a secondhand dealer; increasing

11         the period of time during which a secondhand

12         dealer must hold secondhand goods at a

13         registered location; revising conditions under

14         which registration may be denied, revoked,

15         restricted, or suspended by the Department of

16         Revenue; repealing s. 538.16, F.S., relating to

17         disposal of property by secondhand dealers;

18         amending s. 516.02, F.S.; removing

19         cross-references; reenacting s. 790.335(3)(f),

20         F.S., which provides a second-degree felony

21         penalty for any secondhand dealer who contracts

22         with a specified third-party provider or

23         electronically transmits certain records of

24         firearms transactions to any third-party

25         provider; providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 538.03, Florida Statutes, is

30  amended to read:

31         538.03  Definitions; applicability.--

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1         (1)  As used in this part, the term:

 2         (a)  "Secondhand dealer" means any person, corporation,

 3  or other business organization or entity that which is not a

 4  secondary metals recycler subject to part II and that which is

 5  engaged in the business of purchasing, consigning, or trading

 6  pawning secondhand goods. However, secondhand dealers are not

 7  limited to dealing only in items defined as secondhand goods

 8  in paragraph (g). Except as provided in subsection (2), the

 9  term means pawnbrokers, jewelers, precious metals dealers,

10  garage sale operators, secondhand stores, and consignment

11  shops.

12         (b)  "Precious metals dealer" means a secondhand dealer

13  who normally or regularly engages in the business of buying

14  used precious metals for resale. The term does not include

15  those persons involved in the bulk sale of precious metals

16  from one secondhand or precious metals dealer to another.

17         (c)  "Pawnbroker" means any person, corporation, or

18  other business organization or entity which is regularly

19  engaged in the business of making pawns but does not include a

20  financial institution as defined in s. 655.005 or any person

21  who regularly loans money or any other thing of value on

22  stocks, bonds, or other securities.

23         (d)  "Pawn" means either of the following transactions:

24         1.  Loan of money.--A written or oral bailment of

25  personal property as security for an engagement or debt,

26  redeemable on certain terms and with the implied power of sale

27  on default.

28         2.  Buy-sell agreement.--An agreement whereby a

29  purchaser agrees to hold property for a specified period of

30  time to allow the seller the exclusive right to repurchase the

31  property. A buy-sell agreement is not a loan of money.

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1         (c)(e)  "Secondhand store" means the place or premises

 2  at which a secondhand dealer is registered to conduct business

 3  as a secondhand dealer, or conducts business, including pawn

 4  shops.

 5         (d)(f)  "Consignment shop" means a shop engaging in the

 6  business of accepting for sale, on consignment, secondhand

 7  goods which, having once been used or transferred from the

 8  manufacturer to the dealer, are then received into the

 9  possession of a third party.

10         (e)  "Acquire" means to obtain by purchase,

11  consignment, or trade.

12         (f)(g)  "Secondhand goods" means personal property

13  previously owned or used, which is not regulated metals

14  property regulated under part II and which is purchased,

15  consigned, or traded pawned as used property. Such secondhand

16  goods shall not include office furniture, pianos, books,

17  clothing, organs, coins, motor vehicles, costume jewelry, and

18  secondhand sports equipment that is not permanently labeled

19  with a serial number. For purposes of this paragraph,

20  "secondhand sports equipment" does not include golf clubs. be

21  limited to watches; diamonds, gems, and other precious stones;

22  fishing rods, reels, and tackle; audio and video electronic

23  equipment, including television sets, compact disc players,

24  radios, amplifiers, receivers, turntables, tape recorders;

25  video tape recorders; speakers and citizens' band radios;

26  computer equipment; radar detectors; depth finders; trolling

27  motors; outboard motors; sterling silver flatware and serving

28  pieces; photographic equipment, including cameras, video and

29  film cameras, lenses, electronic flashes, tripods, and

30  developing equipment; microwave ovens; animal fur coats;

31  marine equipment; video games and cartridges; power lawn and

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  landscape equipment; office equipment such as copiers, fax

 2  machines, and postage machines but excluding furniture; sports

 3  equipment; golf clubs; weapons, including knives, swords, and

 4  air guns; telephones, including cellular and portable;

 5  firearms; tools; calculators; musical instruments, excluding

 6  pianos and organs; lawnmowers; bicycles; typewriters; motor

 7  vehicles; gold, silver, platinum, and other precious metals

 8  excluding coins; and jewelry, excluding costume jewelry.

 9         (g)(h)  "Transaction" means any purchase, consignment,

10  or trade pawn of secondhand goods by a secondhand dealer.

11         (h)(i)  "Precious metals" means any item containing any

12  gold, silver, or platinum, or any combination thereof,

13  excluding:

14         1.  any chemical or any automotive, photographic,

15  electrical, medical, or dental materials or electronic parts.

16         2.  Any coin with an intrinsic value less than its

17  numismatic value.

18         3.  Any gold bullion coin.

19         4.  Any gold, silver, or platinum bullion that has been

20  assayed and is properly marked as to its weight and fineness.

21         5.  Any coin which is mounted in a jewelry setting.

22         (i)(j)  "Department" means the Department of Revenue.

23         (k)  "Pledge" means pawn or buy-sell agreement.

24         (2)  This chapter does not apply to:

25         (a)  Any secondhand goods transaction involving an

26  organization or entity registered with the state as a

27  nonprofit, religious, or charitable organization or any

28  school-sponsored association or organization other than a

29  secondary metals recycler subject to the provisions of part

30  II.

31  

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1         (b)  A law enforcement officer acting in an official

 2  capacity.

 3         (c)  A trustee in bankruptcy, executor, administrator,

 4  or receiver who has presented proof of such status to the

 5  secondhand dealer.

 6         (d)  Any public official acting under judicial process

 7  or authority who has presented proof of such status to the

 8  secondhand dealer.

 9         (e)  A sale on the execution, or by virtue of any

10  process issued by a court, if proof thereof has been presented

11  to the secondhand dealer.

12         (f)  Any garage sale operator who holds garage sales

13  less than 10 weekends per year.

14         (g)  Any person at antique, coin, or collectible shows

15  or sales.

16         (h)  Any person who sells household personal property

17  as an agent for the property owner or their representative

18  pursuant to a written agreement at that person's residence.

19         (i)  The purchase, consignment, or trade pawn of

20  secondhand goods from one secondhand dealer to another

21  secondhand dealer when the selling secondhand dealer has

22  complied with the requirements of this chapter.

23         (j)  Any person accepting a secondhand good as a

24  trade-in for a similar item of greater value.

25         (k)  Any person selling purchasing, consigning, or

26  trading pawning secondhand goods at a flea market regardless

27  of whether at a temporary or permanent business location at

28  the flea market.

29         (l)  Any auction business as defined in s. 468.382(1).

30         (m)  Any business that is registered with the

31  Department of Revenue for sales tax purposes as an antique

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  dealer pursuant to chapter 212 and that purchases secondhand

 2  goods from the property owner or her or his representative at

 3  the property owner's residence pursuant to a written agreement

 4  that states the name, address, and telephone number of the

 5  property owner and the type of property purchased.

 6         (n)  Any person purchasing, consigning, or pawning

 7  secondhand goods ordered by mail, computer-assisted shopping,

 8  media-assisted, media-facilitated, or media-solicited shopping

 9  or shopping by other means of media communication, including,

10  but not limited to, direct mail advertising, unsolicited

11  distribution of catalogs, television, radio, or other

12  electronic media, telephone, magazine, or newspaper

13  advertising, so long as such person is in this state at the

14  time of the order.

15         (o)  A motor vehicle dealer as defined in s. 320.27.

16         (3)  This part does not apply to secondary metals

17  recyclers regulated under part II, except for s. 538.11, which

18  applies to both secondhand dealers and secondary metals

19  recyclers.

20         Section 2.  Section 538.04, Florida Statutes, is

21  amended to read:

22         538.04  Recordkeeping requirements; penalties.--

23         (1)  Secondhand dealers shall complete a secondhand

24  dealers transaction form at the time of the actual

25  transaction. A secondhand dealer shall maintain a copy of a

26  completed transaction form on the registered premises for at

27  least 1 year after the date of the transaction. However, the

28  secondhand dealer shall maintain a copy of the transaction

29  form for a period of no less than 3 years. Secondhand dealers

30  shall maintain records of all transactions of secondhand goods

31  on the premises. Unless other arrangements have been agreed

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  upon by the secondhand dealer and the appropriate law

 2  enforcement agency, the secondhand dealer shall, within 24

 3  hours of the acquisition of any secondhand goods, by purchase

 4  or pledge as security for a loan, a secondhand dealer shall

 5  deliver to the police department of the municipality where the

 6  goods were acquired purchased or, if the goods were acquired

 7  purchased outside of a municipality, to the sheriff's

 8  department of the county where the goods were acquired

 9  purchased, a record of the transaction on a form approved by

10  the Department of Law Enforcement. Such record shall contain:

11         (a)  The time, date, and place of the transaction.

12         (b)  A complete and accurate description of the goods

13  acquired, including the following information, if applicable:

14  any serial numbers, manufacturer's numbers, or other

15  identifying marks or characteristics.

16         1.  Brand name.

17         2.  Model number.

18         3.  Manufacturer's serial number.

19         4.  Size.

20         5.  Color, as apparent to the untrained eye.

21         6.  Precious metal type, weight, and content if known.

22         7.  Gemstone description, including the number of

23  stones, if applicable.

24         8.  In the case of firearms, the type of action,

25  caliber or gauge, number of barrels, barrel length, and

26  finish.

27         9.  Any other unique identifying marks, numbers, or

28  letters.

29         (c)  A description of the person from whom the goods

30  were acquired, including:

31  

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1         1.  Full name, current residential address, workplace,

 2  and home and work phone numbers.

 3         2.  Height, weight, date of birth, race, gender, hair

 4  color, eye color, and any other identifying marks.

 5         3.  The right thumbprint, free of smudges and smears,

 6  of the person from whom the goods were acquired.

 7         (d)  Any other information required by the form

 8  approved by the Department of Law Enforcement.

 9         (2)  The secondhand dealer shall require verification

10  of the identification by the exhibition of a government-issued

11  photographic identification card such as a driver's license or

12  military identification card. The record shall contain the

13  type of identification exhibited, the issuing agency, and the

14  number thereon.

15         (3)  The seller shall sign a statement verifying that

16  the seller is the rightful owner of the goods or is entitled

17  to sell, consign, or trade pledge the goods.

18         (4)  Any person who knowingly gives false verification

19  of ownership or who gives a false or altered identification,

20  and who receives money from a secondhand dealer for goods

21  sold, consigned, or traded pledged commits:

22         (a)  If the value of the money received is less than

23  $300, a felony misdemeanor of the third first degree,

24  punishable as provided in s. 775.082, or s. 775.083, or s.

25  775.084.

26         (b)  If the value of the money received is $300 or

27  more, a felony of the second third degree, punishable as

28  provided in s. 775.082, s. 775.083, or s. 775.084.

29         (5)  Secondhand dealers are exempt from the provisions

30  of this section for all transactions involving secondhand

31  

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  sports equipment except secondhand sports equipment that is

 2  permanently labeled with a serial number.

 3         (6)  If the appropriate law enforcement agency supplies

 4  a secondhand dealer with appropriate software and the

 5  secondhand dealer has computer capability, secondhand dealer

 6  transactions shall be electronically transferred. If a

 7  secondhand dealer does not have computer capability, the

 8  appropriate law enforcement agency may provide the secondhand

 9  dealer with a computer and all necessary equipment for the

10  purpose of electronically transferring secondhand dealer

11  transactions. The appropriate law enforcement agency shall

12  retain ownership of the computer, unless otherwise agreed

13  upon. The secondhand dealer shall maintain the computer in

14  good working order, ordinary wear and tear excepted. In the

15  event the secondhand dealer transfers secondhand dealer

16  transactions electronically, the secondhand dealer is not

17  required to also deliver to the appropriate law enforcement

18  agency the original or copies of the secondhand transaction

19  forms. For the purpose of a criminal investigation, the

20  appropriate law enforcement agency may request that the

21  secondhand dealer produce an original of a transaction form

22  that has been electronically transferred. The secondhand

23  dealer shall deliver this form to the appropriate law

24  enforcement agency within 24 hours of the request.

25         (7)  If the original transaction form is lost or

26  destroyed by the appropriate law enforcement agency, a copy

27  may be used by the secondhand dealer as evidence in court.

28  When an electronic image of a customer's identification is

29  accepted for a transaction, the secondhand dealer must

30  maintain the electronic image in order to meet the

31  recordkeeping requirements applicable to the original

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  transaction form. If a criminal investigation occurs, the

 2  secondhand dealer shall, upon request, provide a clear and

 3  legible copy of the image to the appropriate law enforcement

 4  agency.

 5         Section 3.  Section 538.05, Florida Statutes, is

 6  amended to read:

 7         538.05  Inspection of records and premises of

 8  secondhand dealers.--

 9         (1)  The entire registered premises and required

10  records of each secondhand dealer are subject to inspection

11  during regular business hours by any law enforcement officer

12  with jurisdiction the police department if the premises are

13  located within a municipality or, if located outside a

14  municipality, by the sheriff's department of the county in

15  which the premises are located, and by any state law

16  enforcement officer who has jurisdiction over the dealer.

17         (2)  The inspection authorized by subsection (1) shall

18  consist of an examination on the registered premises of the

19  inventory and required records to determine whether the

20  records and inventory are being maintained on the registered

21  premises as required by s. 538.04 and whether the holding

22  period required by s. 538.06 is being complied with.

23         Section 4.  Section 538.06, Florida Statutes, is

24  amended to read:

25         538.06  Holding period.--

26         (1)  A secondhand dealer shall not sell, barter,

27  exchange, alter, adulterate, use, or in any way dispose of any

28  secondhand goods within 30 15 calendar days of the date of

29  acquisition of the goods. Such holding periods are not

30  applicable when the person known by the secondhand dealer to

31  be the person from whom the goods were acquired desires to

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  redeem, repurchase, or recover the goods, provided the dealer

 2  can produce the record of the original transaction with

 3  verification that the customer is the person from whom the

 4  goods were originally acquired.

 5         (2)  A secondhand dealer must maintain actual physical

 6  possession of all secondhand goods throughout a transaction.

 7  It is unlawful for a secondhand dealer to accept title or any

 8  other form of security in secondhand goods in lieu of actual

 9  physical possession. A secondhand dealer who accepts title or

10  any other form of security in secondhand goods in lieu of

11  actual physical possession commits a misdemeanor of the first

12  degree, punishable as provided in s. 775.082 or s. 775.083.

13         (3)  Upon probable cause that goods held by a

14  secondhand dealer are stolen, a law enforcement officer with

15  jurisdiction may place a 90-day written hold order on the

16  goods extend the holding period to a maximum of 60 days.

17  However, the hold holding period may be extended beyond 90 60

18  days by a court of competent jurisdiction upon a finding of

19  probable cause that the property is stolen and further holding

20  is necessary for the purposes of trial or to safeguard such

21  property. The dealer shall assume all responsibility, civil or

22  criminal, relative to the property or evidence in question,

23  including responsibility for the actions of any employee with

24  respect thereto.

25         (4)  While a hold order is in effect, the secondhand

26  dealer must, upon request, release the property subject to the

27  hold order to the custody of a law enforcement officer with

28  jurisdiction for use in a criminal investigation. The release

29  of the property to the custody of the law enforcement officer

30  is not considered a waiver or release of the secondhand

31  dealer's rights or interest in the property. Upon completion

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  of the criminal proceeding, the property must be returned to

 2  the secondhand dealer unless the court orders other

 3  disposition. When such other disposition is ordered, the court

 4  shall additionally order the person from whom the secondhand

 5  dealer acquired the property to pay restitution to the

 6  secondhand dealer in the amount that the secondhand dealer

 7  paid for the property together with reasonable attorney's fees

 8  and costs.

 9         (5)(4)  All dealers in secondhand property regulated by

10  this chapter shall maintain transaction records for 3 5 years.

11         Section 5.  Section 538.07, Florida Statutes, is

12  amended to read:

13         538.07  Penalty for violation of chapter.--

14         (1)  Except where otherwise provided herein, a person

15  who knowingly violates any provision of this chapter commits a

16  misdemeanor of the first degree, punishable as provided in s.

17  775.082 and by a fine not to exceed $10,000.

18         (2)  When the lawful owner recovers stolen property

19  from a secondhand dealer and the person who sold or pledged

20  the stolen property to the secondhand dealer is convicted of

21  theft, a violation of this section, or dealing in stolen

22  property, the court shall order the defendant to make

23  restitution to either the secondhand dealer or the lawful

24  owner as applicable pursuant to s. 775.089.

25         Section 6.  Section 538.09, Florida Statutes, is

26  amended to read:

27         538.09  Registration.--

28         (1)  A secondhand dealer shall not engage in the

29  business of purchasing, consigning, or trading pawning

30  secondhand goods from any location without registering with

31  the Department of Revenue. A fee equal to the federal and

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  state costs for processing required fingerprints must be

 2  submitted to the department with each application for

 3  registration. One application is required for each dealer. If

 4  a secondhand dealer is the owner of more than one secondhand

 5  store location, the application must list each location, and

 6  the department shall issue a duplicate registration for each

 7  location. For purposes of subsections (4) and (5) of this

 8  section, these duplicate registrations shall be deemed

 9  individual registrations. A dealer shall pay a fee of $6 per

10  location at the time of registration and an annual renewal fee

11  of $6 per location on October 1 of each year. All fees

12  collected, less costs of administration, shall be transferred

13  into a trust fund to be established and entitled the

14  Secondhand Dealer and Secondary Metals Recycler Clearing Trust

15  Fund. The Department of Revenue shall forward the full set of

16  fingerprints to the Department of Law Enforcement for state

17  and federal processing, provided the federal service is

18  available, to be processed for any criminal justice

19  information as defined in s. 943.045. The cost of processing

20  such fingerprints shall be payable to the Department of Law

21  Enforcement by the Department of Revenue. The department may

22  issue a temporary registration to each location pending

23  completion of the background check by state and federal law

24  enforcement agencies, but shall revoke such temporary

25  registration if the completed background check reveals a

26  prohibited criminal background. An applicant for a secondhand

27  dealer registration must be a natural person who has reached

28  the age of 18 years.

29         (a)  If the applicant is a partnership, all the

30  partners must apply.

31  

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1         (b)  If the applicant is a joint venture, association,

 2  or other noncorporate entity, all members of such joint

 3  venture, association, or other noncorporate entity must make

 4  application for registration as natural persons.

 5         (c)  If the applicant is a corporation, the

 6  registration must include the name and address of such

 7  corporation's registered agent for service of process in the

 8  state and a certified copy of statement from the Secretary of

 9  State that the corporation is duly organized in the state or,

10  if the corporation is organized in a state other than Florida,

11  a certified copy of statement from the Secretary of State that

12  the corporation is duly qualified to do business in this

13  state. If the dealer has more than one location, the

14  application must list each location owned by the same legal

15  entity and the department shall issue a duplicate registration

16  for each location.

17         (2)  The secondhand dealer shall furnish with her or

18  his registration a complete set of her or his fingerprints,

19  certified by an authorized law enforcement officer, and a

20  recent fullface photographic identification card of herself or

21  himself. The Department of Law Enforcement shall report its

22  findings to the Department of Revenue within 30 days after the

23  date fingerprint cards are submitted for criminal justice

24  information.

25         (3)  The secondhand dealer's registration shall be

26  conspicuously displayed at her or his registered location

27  principal place of business. A secondhand dealer must hold

28  secondhand goods at the registered location until 30 15 days

29  after the secondhand transaction or until any extension of the

30  holding period has expired, whichever is later, and must

31  retain records of each transaction which is not specifically

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  exempted by this chapter. A secondhand dealer shall not

 2  dispose of property at any location until the holding period

 3  has expired unless the transaction is specifically exempted by

 4  this chapter.

 5         (4)  The department may impose a civil fine of up to

 6  $10,000 for each violation of this section, which fine shall

 7  be transferred into the General Revenue Fund. If the fine is

 8  not paid within 60 days, the department may bring a civil

 9  action under s. 120.69 to recover the fine.

10         (5)  In addition to the fine provided in subsection

11  (4), registration under this section may be denied or any

12  registration granted may be revoked, restricted, or suspended

13  by the department if the department determines that the

14  applicant or registrant:

15         (a)  Has violated any provision of this chapter or any

16  rule or order made pursuant to this chapter;

17         (b)  Has made a material false statement in the

18  application for registration;

19         (c)  Has been guilty of a fraudulent act in connection

20  with any purchase or sale or has been or is engaged in or is

21  about to engage in any practice, purchase, or sale which is

22  fraudulent or in violation of the law;

23         (d)  Has made a misrepresentation or false statement

24  to, or concealed any essential or material fact from, any

25  person in making any purchase or sale;

26         (e)  Is making purchases or sales through any business

27  associate not registered in compliance with the provisions of

28  this chapter;

29         (f)  Has, within the preceding 10-year 5-year period,

30  been convicted of, or has entered a plea of guilty or nolo

31  contendere to, or had adjudication withheld for, a crime

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  against the laws of this state or any other state or of the

 2  United States which relates to registration as a secondhand

 3  dealer or which involves theft, larceny, dealing in stolen

 4  property, receiving stolen property, burglary, embezzlement,

 5  obtaining property by false pretenses, possession of altered

 6  property, any felony drug offense, any violation of s.

 7  812.015, or any fraudulent or dishonest dealing;

 8         (g)  Has had a final judgment entered against her or

 9  him in a civil action upon grounds of fraud, embezzlement,

10  misrepresentation, or deceit; or

11         (h)  Has failed to pay any sales tax owed to the

12  Department of Revenue.

13  

14  In the event the department determines to deny an application

15  or revoke a registration, it shall enter a final order with

16  its findings on the register of secondhand dealers and their

17  business associates, if any; and denial, suspension, or

18  revocation of the registration of a secondhand dealer shall

19  also deny, suspend, or revoke the registration of such

20  secondhand dealer's business associates.

21         (6)  Upon the request of a law enforcement official,

22  the Department of Revenue shall release to the official the

23  name and address of any secondhand dealer registered to do

24  business within the official's jurisdiction.

25         Section 7.  Section 538.16, Florida Statutes, is

26  repealed.

27         Section 8.  Subsection (4) of section 516.02, Florida

28  Statutes, is amended to read:

29         516.02  Loans; lines of credit; rate of interest;

30  license.--

31  

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1         (4)  This chapter does not apply to any person who does

 2  business under, and as permitted by, any law of this state or

 3  of the United States relating to banks, savings banks, trust

 4  companies, building and loan associations, credit unions, or

 5  industrial loan and investment companies. This chapter also

 6  does not apply to title loans as defined in s. 538.03(1)(i) or

 7  pawns as defined in s. 538.03(1)(d). A pawnbroker may not be

 8  licensed to transact business under this chapter.

 9         Section 9.  For the purpose of incorporating the

10  amendment to section 538.03, Florida Statutes, in a reference

11  thereto, paragraph (f) of subsection (3) of section 790.335,

12  Florida Statutes, is reenacted to read:

13         790.335  Prohibition of registration of firearms.--

14         (3)  EXCEPTIONS.--The provisions of this section shall

15  not apply to:

16         (f)  Firearm records, including paper pawn transaction

17  forms and contracts on firearm transactions, required by

18  chapters 538 and 539.

19         1.  Electronic firearm records held pursuant to chapter

20  538 may only be kept by a secondhand dealer for 30 days after

21  the date of the purchase of the firearm by the secondhand

22  dealer.

23         2.  Electronic firearm records held pursuant to chapter

24  539 may only be kept by a pawnbroker for 30 days after the

25  expiration of the loan that is secured by a firearm or 30 days

26  after the date of purchase of a firearm, whichever is

27  applicable.

28         3.  Except as required by federal law, any firearm

29  records kept pursuant to chapter 538 or chapter 539 shall not,

30  at any time, be electronically transferred to any public or

31  private entity, agency, business, or enterprise, nor shall any

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    Florida Senate - 2005                                  SB 1864
    12-1113-05                                          See HB 855




 1  such records be copied or transferred for purposes of

 2  accumulation of such records into lists, registries, or

 3  databases.

 4         4.  Notwithstanding subparagraph 3., secondhand dealers

 5  and pawnbrokers may electronically submit firearm transaction

 6  records to the appropriate law enforcement agencies as

 7  required by chapters 538 and 539; however, the law enforcement

 8  agencies may not electronically submit such records to any

 9  other person or entity and must destroy such records within 60

10  days after receipt of such records.

11         5.  Notwithstanding subparagraph 3., secondhand dealers

12  and pawnbrokers may electronically submit limited firearms

13  records consisting solely of the manufacturer, model, serial

14  number, and caliber of pawned or purchased firearms to a

15  third-party private provider that is exclusively incorporated,

16  exclusively owned, and exclusively operated in the United

17  States and that restricts access to such information to only

18  appropriate law enforcement agencies for legitimate law

19  enforcement purposes. Such records must be destroyed within 30

20  days by the third-party provider. As a condition of receipt of

21  such records, the third-party provider must agree in writing

22  to comply with the requirements of this section. Any

23  pawnbroker or secondhand dealer who contracts with a

24  third-party provider other than as provided in this act or

25  electronically transmits any records of firearms transactions

26  to any third-party provider other than the records

27  specifically allowed by this paragraph commits a felony of the

28  second degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         Section 10.  This act shall take effect July 1, 2005.

31  

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