| 1 | A bill to be entitled |
| 2 | An act relating to public records; transferring, |
| 3 | renumbering, and amending s. 539.003, F.S.; providing an |
| 4 | exemption from public records requirements for information |
| 5 | contained in the statewide central database of pawnbroker |
| 6 | and secondhand dealer transactions administered by the |
| 7 | Department of Agriculture and Consumer Services; limiting |
| 8 | use of the information contained in the database; |
| 9 | authorizing certain persons to access the database under |
| 10 | certain circumstances; providing for future review and |
| 11 | repeal; authorizing the disclosure of certain information |
| 12 | by law enforcement officials; providing a statement of |
| 13 | public necessity; providing a contingent effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 539.003, Florida Statutes, is |
| 18 | transferred, renumbered as section 539.129, Florida Statutes, |
| 19 | and amended to read: |
| 20 | 539.129 539.003 Confidentiality.- |
| 21 | (1) All records relating to pawnbroker transactions |
| 22 | delivered to appropriate law enforcement officials pursuant to |
| 23 | this chapter s. 539.001 are confidential and exempt from the |
| 24 | provisions of s. 119.07(1) and s. 24(a), Art. I of the State |
| 25 | Constitution and may be used only for official law enforcement |
| 26 | purposes. |
| 27 | (2)(a) All information contained in the statewide central |
| 28 | database of pawnbroker and secondhand dealer transactions |
| 29 | established pursuant to s. 539.109 is confidential and exempt |
| 30 | from s. 119.07(1) and s. 24(a), Art. I of the State Constitution |
| 31 | and may be used only for official law enforcement purposes. |
| 32 | (b) The database may not be used for research or |
| 33 | statistical purposes unrelated to official law enforcement |
| 34 | purposes. |
| 35 | (c) The department shall authorize database access for a |
| 36 | law enforcement agency or any agent thereof approved by the |
| 37 | department. Except as otherwise authorized in part I of chapter |
| 38 | 538 or this chapter, a law enforcement agency or any agent |
| 39 | thereof must maintain the confidentiality of information |
| 40 | obtained from the database. |
| 41 | (d) A person or entity other than a law enforcement agency |
| 42 | or any agent thereof may not access the database except for |
| 43 | maintenance purposes with prior approval of the department. |
| 44 | (3) This section is subject to the Open Government Sunset |
| 45 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 46 | on October 2, 2016, unless reviewed and saved from repeal |
| 47 | through reenactment by the Legislature. |
| 48 | (4) This section does not prohibit the disclosure by the |
| 49 | appropriate law enforcement officials of the name and address of |
| 50 | the pawnbroker or secondhand dealer, the name and address of the |
| 51 | conveying customer, or a description of the conveyed pawned |
| 52 | property to the alleged owner of the conveyed pawned property. |
| 53 | Section 2. The Legislature finds that information relative |
| 54 | to pawnbroker and secondhand dealer transactions is of a |
| 55 | sensitive and personal nature to the conveying customer of the |
| 56 | conveyed property. The Legislature finds that the statewide |
| 57 | central database of pawnbroker and secondhand dealer |
| 58 | transactions shall comprise personal identifying information |
| 59 | contained in the pawnbroker and secondhand dealer transaction |
| 60 | forms, and that to make such information available to the public |
| 61 | would be an unwarranted invasion of the privacy of the conveying |
| 62 | customers. The Legislature further finds that no public purpose |
| 63 | is served by providing such personal information of ordinary |
| 64 | customers to the public. Therefore, the Legislature finds that |
| 65 | it is a public necessity that such information be held |
| 66 | confidential and exempt from the public records requirements of |
| 67 | s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the |
| 68 | State Constitution. |
| 69 | Section 3. This act shall take effect on the same date |
| 70 | that House Bill 1323 or substantially similar legislation takes |
| 71 | effect, if such legislation is adopted in the same legislative |
| 72 | session or an extension thereof and becomes law. |