Florida Senate - 2026                                    SB 1792
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-02252-26                                            20261792__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         539.003, F.S.; expanding the exemption from public
    4         records requirements for records relating to
    5         pawnbroker transactions to include those records
    6         delivered to the Department of Law Enforcement;
    7         providing for future legislative review and repeal of
    8         the exemption; providing a statement of public
    9         necessity; providing a contingent effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 539.003, Florida Statutes, is amended to
   14  read:
   15         539.003 Confidentiality.—
   16         (1) All records relating to pawnbroker transactions
   17  delivered to appropriate law enforcement officials and the
   18  Department of Law Enforcement pursuant to s. 539.001 are
   19  confidential and exempt from the provisions of s. 119.07(1) and
   20  s. 24(a), Art. I of the State Constitution and may be used only
   21  for official law enforcement purposes. This section does not
   22  prohibit the disclosure by the appropriate law enforcement
   23  officials or the Department of Law Enforcement of the name and
   24  address of the pawnbroker, the name and address of the conveying
   25  customer, or a description of pawned property to the alleged
   26  owner of pawned property.
   27         (2) This section is subject to the Open Government Sunset
   28  Review Act in accordance with s. 119.15 and shall stand repealed
   29  on October 2, 2031, unless reviewed and saved from repeal
   30  through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity that the records relating to pawnbroker transactions
   33  which are delivered to the Department of Law Enforcement be made
   34  confidential and exempt from s. 119.07(1), Florida Statutes, and
   35  s. 24(a), Article I of the State Constitution. Such records
   36  contain sensitive personal identifying information from pawn
   37  transactions, such as the pledgor’s or seller’s name, address,
   38  telephone number, birth date, physical description, and right
   39  thumbprint. Access to such sensitive information would expose
   40  pledgors and sellers to increased risks of identity theft. The
   41  Legislature finds that expanding the public records exemption to
   42  include records of pawnbroker transactions delivered to the
   43  Department of Law Enforcement helps ensure uniformity with the
   44  current exemption when such records are delivered to other law
   45  enforcement officials and protects the effective administration
   46  of statewide data sharing of secondhand dealer transactions. The
   47  Legislature further finds that the harm that may result from the
   48  release of such personal identifying information outweighs any
   49  public benefit that may be derived from the disclosure of the
   50  information.
   51         Section 3. This act shall take effect on the same date that
   52  SB 1582 or similar legislation takes effect, if such legislation
   53  is adopted in the same legislative session or an extension
   54  thereof and becomes a law