Bill Text: FL H1325 | 2011 | Regular Session | Introduced

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Bill Title: Pub. Rec./Pawnbroker/Secondhand Dealer Transaction

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1325 Detail]

Download: Florida-2011-H1325-Introduced.html

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HB 1325

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
15	Be It Enacted by the Legislature of the State of Florida:
16
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.

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