Bill Text: FL H0343 | 2011 | Regular Session | Introduced

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Bill Title: Secondhand Dealers/Secondary Metals, & Pawnbrokers

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0343 Detail]

Download: Florida-2011-H0343-Introduced.html

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HB 343

1	A bill to be entitled
2	An act relating to transactions by secondhand dealers,
3	secondary metals recyclers, and pawnbrokers; amending s.
4	538.03, F.S.; defining the term "appropriate law
5	enforcement official" for purposes of provisions
6	regulating secondhand goods transactions; conforming an
7	applicability provision; amending s. 538.04, F.S.;
8	conforming provisions requiring that secondhand dealer
9	transaction forms be electronically transmitted or
10	delivered to the appropriate law enforcement official;
11	amending s. 538.18, F.S.; defining the term "appropriate
12	law enforcement official" for purposes of provisions
13	regulating secondary metals purchase transactions;
14	amending s. 319.30, F.S.; conforming a cross-reference;
15	amending s. 538.19, F.S.; requiring secondary metals
16	recyclers to complete a purchase transaction form and
17	deliver the form to the appropriate law enforcement
18	official within a specified period; authorizing such
19	recyclers to use an electronic database and transmit
20	transaction forms electronically; providing for
21	appropriate law enforcement officials to provide software
22	and computer equipment to recyclers; requiring that a
23	recycler deliver an original form under certain
24	circumstances; amending s. 539.001, F.S.; revising the
25	term "appropriate law enforcement official" for purposes
26	of the Florida Pawnbroking Act; conforming provisions
27	requiring that pawn transaction forms be electronically
28	transmitted or delivered to the appropriate law
29	enforcement official; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Subsection (1) and paragraph (n) of subsection
34	(2) of section 538.03, Florida Statutes, are amended to read:
35	538.03  Definitions; applicability.-
36	(1)  As used in this part, the term:
37	(a)(e)  "Acquire" means to obtain by purchase, consignment,
38	or trade.
39	(b)  "Appropriate law enforcement official" means the
40	sheriff of the county in which a secondhand dealer is located
41	or, if the secondhand dealer is located within a municipality,
42	both the police chief of the municipality and the sheriff;
43	however, the sheriff or police chief may designate as the
44	appropriate law enforcement official for that county or
45	municipality, as applicable, any law enforcement officer working
46	within that respective county or municipality. This paragraph
47	does not limit the authority or duties of the sheriff.
48	(c)(d)  "Consignment shop" means a shop engaging in the
49	business of accepting for sale, on consignment, secondhand goods
50	which, having once been used or transferred from the
51	manufacturer to the dealer, are then received into the
52	possession of a third party.
53	(d)(i)  "Department" means the Department of Revenue.
54	(e)(h)  "Precious metals" means any item containing any
55	gold, silver, or platinum, or any combination thereof, excluding
56	any chemical or any automotive, photographic, electrical,
57	medical, or dental materials or electronic parts.
58	(f)(b)  "Precious metals dealer" means a secondhand dealer
59	who normally or regularly engages in the business of buying used
60	precious metals for resale. The term does not include those
61	persons involved in the bulk sale of precious metals from one
62	secondhand or precious metals dealer to another.
63	(g)(a)  "Secondhand dealer" means any person, corporation,
64	or other business organization or entity which is not a
65	secondary metals recycler subject to part II and which is
66	engaged in the business of purchasing, consigning, or trading
67	secondhand goods.
68	(h)(f)  "Secondhand goods" means personal property
69	previously owned or used, which is not regulated metals property
70	regulated under part II and which is purchased, consigned, or
71	traded as used property. Such secondhand goods do not include
72	office furniture, pianos, books, clothing, organs, coins, motor
73	vehicles, costume jewelry, cardio and strength training or
74	conditioning equipment designed primarily for indoor use, and
75	secondhand sports equipment that is not permanently labeled with
76	a serial number. For purposes of this paragraph, "secondhand
77	sports equipment" does not include golf clubs.
78	(i)(c)  "Secondhand store" means the place or premises at
79	which a secondhand dealer is registered to conduct business as a
80	secondhand dealer or conducts business.
81	(j)(g)  "Transaction" means any purchase, consignment, or
82	trade of secondhand goods by a secondhand dealer.
83	(2)  This chapter does not apply to:
84	(n)  A business that contracts with other persons or
85	entities to offer its secondhand goods for sale, purchase,
86	consignment, or trade via an Internet website, and that
87	maintains a shop, store, or other business premises for this
88	purpose, if all of the following apply:
89	1.  The secondhand goods must be available on the website
90	for viewing by the public at no charge;
91	2.  The records of the sale, purchase, consignment, or
92	trade must be maintained for at least 2 years;
93	3.  The records of the sale, purchase, consignment, or
94	trade, and the description of the secondhand goods as listed on
95	the website, must contain the serial number of each item, if
96	any;
97	4.  The secondhand goods listed on the website must be
98	searchable based upon the state or zip code;
99	5.  The business must provide the appropriate law
100	enforcement official agency with the name or names under which
101	it conducts business on the website;
102	6.  The business must allow the appropriate law enforcement
103	official agency to inspect its business premises at any time
104	during normal business hours;
105	7.  Any payment by the business resulting from such a sale,
106	purchase, consignment, or trade must be made to the person or
107	entity with whom the business contracted to offer the goods and
108	must be made by check or via a money services business licensed
109	under part II of chapter 560; and
110	8.a.  At least 48 hours after the estimated time of
111	contracting to offer the secondhand goods, the business must
112	verify that any item having a serial number is not stolen
113	property by entering the serial number of the item into the
114	Department of Law Enforcement's stolen article database located
115	at the Florida Crime Information Center's public access system
116	website. The business shall record the date and time of such
117	verification on the contract covering the goods. If such
118	verification reveals that an item is stolen property, the
119	business shall immediately remove the item from any website on
120	which it is being offered and notify the appropriate law
121	enforcement official agency; or
122	b.  The business must provide the appropriate law
123	enforcement official agency with an electronic copy of the name,
124	address, phone number, driver's license number, and issuing
125	state of the person with whom the business contracted to offer
126	the goods, as well as an accurate description of the goods,
127	including make, model, serial number, and any other unique
128	identifying marks, numbers, names, or letters that may be on an
129	item, in a format agreed upon by the business and the
130	appropriate law enforcement official agency. This information
131	must be provided to the appropriate law enforcement official
132	agency within 24 hours after entering into the contract unless
133	other arrangements are made between the business and the law
134	enforcement official agency.
135	Section 2.  Subsections (1), (6), and (7) of section
136	538.04, Florida Statutes, are amended to read:
137	538.04  Recordkeeping requirements; penalties.-
138	(1)  A secondhand dealer dealers shall complete a
139	secondhand dealers transaction form at the time of the actual
140	transaction. A secondhand dealer shall maintain a copy of a
141	completed transaction form on the registered premises for at
142	least 1 year after the date of the transaction. However, the
143	secondhand dealer shall maintain a copy of the transaction form
144	for not less than 3 years. Unless other arrangements are have
145	been agreed upon by the secondhand dealer and the appropriate
146	law enforcement official agency, the secondhand dealer shall,
147	within 24 hours after acquiring the acquisition of any
148	secondhand goods, deliver to such official the police department
149	of the municipality where the goods were acquired or, if the
150	goods were acquired outside of a municipality, to the sheriff's
151	department of the county where the goods were acquired, a record
152	of the transaction on a form approved by the Department of Law
153	Enforcement. Such record shall contain:
154	(a)  The time, date, and place of the transaction.
155	(b)  A complete and accurate description of the goods
156	acquired, including the following information, if applicable:
157	1.  Brand name.
158	2.  Model number.
159	3.  Manufacturer's serial number.
160	4.  Size.
161	5.  Color, as apparent to the untrained eye.
162	6.  Precious metal type, weight, and content if known.
163	7.  Gemstone description, including the number of stones,
164	if applicable.
165	8.  In the case of firearms, the type of action, caliber or
166	gauge, number of barrels, barrel length, and finish.
167	9.  Any other unique identifying marks, numbers, or
168	letters.
169	(c)  A description of the person from whom the goods were
170	acquired, including:
171	1.  Full name, current residential address, workplace, and
172	home and work phone numbers.
173	2.  Height, weight, date of birth, race, gender, hair
174	color, eye color, and any other identifying marks.
175	3.  The right thumbprint, free of smudges and smears, of
176	the person from whom the goods were acquired.
177	(d)  Any other information required by the form approved by
178	the Department of Law Enforcement.
179	(6)  If the appropriate law enforcement official agency
180	supplies a secondhand dealer with the appropriate software and
181	the secondhand dealer has the computer capability, the
182	secondhand dealer transactions shall be electronically transmit
183	secondhand dealer transactions required by this section to such
184	official transferred. If a secondhand dealer does not have the
185	computer capability, the appropriate law enforcement official
186	agency may provide the secondhand dealer with a computer and all
187	equipment necessary to equipment for the purpose of
188	electronically transmit transferring secondhand dealer
189	transactions. The appropriate law enforcement official agency
190	shall retain ownership of the computer, unless otherwise agreed
191	upon, and. the secondhand dealer shall maintain the computer in
192	good working order, except for ordinary wear and tear excepted.
193	A If the secondhand dealer who transmits transfers secondhand
194	dealer transactions electronically, the secondhand dealer is not
195	required to also deliver to the appropriate law enforcement
196	agency the original or paper copies of the secondhand
197	transaction forms to the appropriate law enforcement official.
198	However, such official may, for purposes the purpose of a
199	criminal investigation, the appropriate law enforcement agency
200	may request that the secondhand dealer to deliver the produce an
201	original of a transaction form that was has been electronically
202	transmitted transferred. The secondhand dealer shall deliver the
203	this form to the appropriate law enforcement official agency
204	within 24 hours after receipt of the request.
205	(7)  If the original transaction form is lost or destroyed
206	by the appropriate law enforcement official agency, a copy may
207	be used by the secondhand dealer as evidence in court. When an
208	electronic image of a customer's identification is accepted for
209	a transaction, the secondhand dealer must maintain the
210	electronic image in order to meet the recordkeeping requirements
211	applicable to the original transaction form. If a criminal
212	investigation occurs, the secondhand dealer shall, upon request,
213	provide a clear and legible copy of the image to the appropriate
214	law enforcement official agency.
215	Section 3.  Subsections (1) through (8) of section 538.18,
216	Florida Statutes, are renumbered as subsections (3) through
217	(10), respectively, present subsection (9) is amended, and a new
218	subsection (1) is added to that section, to read:
219	538.18  Definitions.-As used in this part, the term:
220	(1)  "Appropriate law enforcement official" means the
221	sheriff of the county in which a secondary metals recycler is
222	located or, if the secondary metals recycler is located within a
223	municipality, both the police chief of the municipality and the
224	sheriff; however, the sheriff or police chief may designate as
225	the appropriate law enforcement official for that county or
226	municipality, as applicable, any law enforcement officer working
227	within that respective county or municipality. This subsection
228	does not limit the authority or duties of the sheriff.
229	(2)(9)  "Department" means the Department of Revenue.
230	Section 4.  Paragraph (u) of subsection (1) of section
231	319.30, Florida Statutes, is amended to read:
232	319.30  Definitions; dismantling, destruction, change of
233	identity of motor vehicle or mobile home; salvage.-
234	(1)  As used in this section, the term:
235	(u)  "Secondary metals recycler" means secondary metals
236	recycler as defined in s. 538.18(8).
237	Section 5.  Section 538.19, Florida Statutes, is amended to
238	read:
239	538.19  Records required.-
240	(1)  A secondary metals recycler shall complete a regulated
241	metals transaction form at the time of the actual purchase
242	transaction. Unless other arrangements are agreed upon by the
243	secondary metals recycler and the appropriate law enforcement
244	official, the recycler shall, within 24 hours after acquiring
245	the regulated metals, deliver to such official a record of the
246	purchase transaction on a form approved by the Department of Law
247	Enforcement. The secondary metals recycler shall also maintain a
248	legible record of all purchase transactions to which the such
249	secondary metals recycler is a party.
250	(2)  The following information must be maintained on the a
251	form approved by the Department of Law Enforcement for each
252	purchase transaction:
253	(a)  The name and address of the secondary metals recycler.
254	(b)  The name, initials, or other identification of the
255	individual entering the information on the ticket.
256	(c)  The date and time of the transaction.
257	(d)  The weight, quantity, or volume, and a description of
258	the type of regulated metals property purchased in a purchase
259	transaction.
260	(e)  The amount of consideration given in a purchase
261	transaction for the regulated metals property.
262	(f)  A signed statement from the person delivering the
263	regulated metals property stating that she or he is the rightful
264	owner of, or is entitled to sell, the regulated metals property
265	being sold. If the purchase involves a stainless steel beer keg,
266	the seller must provide written documentation from the
267	manufacturer that the seller is the owner of the stainless steel
268	beer keg or is an employee or agent of the manufacturer.
269	(g)  The distinctive number from the personal
270	identification card of the person delivering the regulated
271	metals property to the secondary metals recycler.
272	(h)  A description of the person from whom the goods were
273	acquired, including:
274	1.  Full name, current residential address, workplace, and
275	home and work phone numbers.
276	2.  Height, weight, date of birth, race, gender, hair
277	color, eye color, and any other identifying marks.
278	3.  The right thumbprint, free of smudges and smears.
279	4.  Vehicle description to include the make, model, and tag
280	number of the vehicle and trailer of the person selling the
281	regulated metals property.
282	5.  Any other information required by the form approved by
283	the Department of Law Enforcement.
284	(i)  A photograph, videotape, or digital image of the
285	regulated metals being sold.
286	(j)  A photograph, videotape, or similar likeness of the
287	person receiving consideration in which such person's facial
288	features are clearly visible.
289	(3)  Any secondary metals recycler may, with the approval
290	of the appropriate law enforcement official, use that maintains
291	an electronic database containing the information required in
292	subsection (2) paragraph (2)(h), along with an oath of ownership
293	with a signature of the seller of the secondary metals being
294	purchased by the secondary metals recycler and a right
295	thumbprint that has no smudges and smears on the oath of
296	ownership for each purchase transaction, shall be exempt from
297	the records requirement of paragraph (2)(h). A secondary metals
298	recycler complies with the requirements of this section if it
299	maintains an electronic database containing the information
300	required by subsection (2) paragraph (2)(h) as long as the
301	electronic information required by subsection (2) paragraph
302	(2)(h), along with an electronic oath of ownership with an
303	electronic signature of the seller of the secondary metals being
304	purchased by the secondary metals recyclers and an electronic
305	image of the seller's right thumbprint that has no smudges and
306	smears, can be downloaded onto a paper form in the image of the
307	form approved by the Department of Law Enforcement as provided
308	in subsection (2).
309	(4)  If the appropriate law enforcement official supplies a
310	secondary metals recycler with the appropriate software and the
311	recycler has the computer capability, the recycler shall
312	electronically transmit the regulated metals transactions
313	required by this section to such official. If a secondary metals
314	recycler does not have the computer capability, the appropriate
315	law enforcement official may provide the recycler with a
316	computer and all equipment necessary to electronically transmit
317	regulated metals transactions. The appropriate law enforcement
318	official shall retain ownership of the computer, unless
319	otherwise agreed upon, and the secondary metals recycler shall
320	maintain the computer in good working order, except for ordinary
321	wear. A secondary metals recycler who transmits regulated metals
322	transactions electronically is not required to also deliver the
323	original or paper copies of the regulated metals transaction
324	forms to the appropriate law enforcement official. However, such
325	official may, for purposes of a criminal investigation, request
326	the secondary metals recycler to deliver the original
327	transaction form that was electronically transmitted. The
328	secondary metals recycler shall deliver the form to the
329	appropriate law enforcement official within 24 hours after
330	receipt of the request.
331	(5)(4)  A secondary metals recycler shall maintain or cause
332	to be maintained the information required by this section for
333	not less than 5 years from the date of the purchase transaction.
334	(6)(5)  If a purchase transaction involves the transfer of
335	regulated metals property from a secondary metals recycler
336	registered with the department to another secondary metals
337	recycler registered with the department, the secondary metals
338	recycler receiving the regulated metals property shall record
339	the name and address of the secondary metals recycler from which
340	it received the regulated metals property in lieu of the
341	requirements of paragraph (2)(h).
342	Section 6.  Paragraph (b) of subsection (2) and paragraph
343	(b) of subsection (9) of section 539.001, Florida Statutes, are
344	amended to read:
345	539.001  The Florida Pawnbroking Act.-
346	(2)  DEFINITIONS.-As used in this section, the term:
347	(b)  "Appropriate law enforcement official" means the
348	sheriff of the county in which a pawnshop is located or, if the
349	in case of a pawnshop is located within a municipality, both the
350	police chief of the municipality and the sheriff in which the
351	pawnshop is located; however, the any sheriff or police chief
352	may designate as the appropriate law enforcement official for
353	that the county or municipality, as applicable, any law
354	enforcement officer working within that respective the county or
355	municipality headed by that sheriff or police chief. Nothing in
356	This subsection does not limit limits the authority or duties
357	power and responsibilities of the sheriff.
358	(9)  RECORDKEEPING; REPORTING; HOLD PERIOD.-
359	(b)  If the appropriate law enforcement official agency
360	supplies the appropriate software and the pawnbroker with the
361	appropriate software and the pawnbroker presently has the
362	computer capability ability, the pawnbroker pawn transactions
363	shall be electronically transmit pawn transactions required by
364	this section to such official transferred. If a pawnbroker does
365	not presently have the computer capability ability, the
366	appropriate law enforcement official agency may provide the
367	pawnbroker with a computer and all equipment necessary to
368	equipment for the purpose of electronically transmit
369	transferring pawn transactions. The appropriate law enforcement
370	official agency shall retain ownership of the computer, unless
371	otherwise agreed upon, and. the pawnbroker shall maintain the
372	computer in good working order, except for ordinary wear and
373	tear excepted. A In the event the pawnbroker who transmits
374	transfers pawn transactions electronically, the pawnbroker is
375	not required to also deliver to the appropriate law enforcement
376	official the original or paper copies of the pawnbroker
377	transaction forms to the appropriate law enforcement official.
378	However, such The appropriate law enforcement official may, for
379	the purposes of a criminal investigation, request that the
380	pawnbroker to deliver the produce an original of a transaction
381	form that was has been electronically transmitted transferred.
382	The pawnbroker shall deliver the this form to the appropriate
383	law enforcement official within 24 hours after receipt of the
384	request.
385	Section 7.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.