Bill Text: FL S0314 | 2024 | Regular Session | Introduced
Bill Title: Business Transactions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Commerce and Tourism [S0314 Detail]
Download: Florida-2024-S0314-Introduced.html
Florida Senate - 2024 SB 314 By Senator Boyd 20-00384-24 2024314__ 1 A bill to be entitled 2 An act relating to business transactions; amending s. 3 538.03, F.S.; revising the definition of the term 4 “automated kiosk”; defining the term “statewide 5 reporting system”; amending s. 538.04, F.S.; requiring 6 the Department of Law Enforcement to supply the 7 statewide reporting system to law enforcement agencies 8 by a specified date; requiring the Department of Law 9 Enforcement to contract with a private provider to 10 supply a statewide reporting system for a specified 11 purpose; providing requirements for the private 12 provider and the system; requiring secondhand dealers 13 to transmit their transactions electronically to the 14 statewide reporting system; authorizing sheriffs to 15 supply the necessary computer equipment to secondhand 16 dealers that do not have computer capability; amending 17 s. 538.32, F.S.; requiring a seller to provide certain 18 government-issued identification before a precious 19 metals dealer may remit payment to the seller; 20 reordering and amending s. 539.001, F.S.; revising the 21 definition of the term “identification”; defining the 22 term “statewide reporting system”; requiring the 23 department to contract with a private provider to 24 supply a statewide reporting system for a specified 25 purpose; providing requirements for the private 26 provider and the system; requiring pawn transactions 27 to be transmitted electronically using the statewide 28 reporting system; authorizing sheriffs to supply the 29 necessary computer equipment to pawnbrokers who do not 30 have computer capability; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Present paragraph (k) of subsection (1) of 35 section 538.03, Florida Statutes, is redesignated as paragraph 36 (l), a new paragraph (k) is added to that subsection, and 37 paragraph (c) of that subsection is amended, to read: 38 538.03 Definitions; applicability.— 39 (1) As used in this part, the term: 40 (c) “Automated kiosk” means an interactive device that is 41 permanently installed within a secure retail space and that has 42 the following technological functions: 43 1. Remotely monitored by a live representative during all 44 business operating hours; 45 2. Verification of a seller’s identity by a United States 46 Government-issued photographic identification card or an 47 electronic image taken from a United States Government-issued 48 photographic identification or other verifiable government 49 issued identification; 50 3. Automated reading and recording of item serial numbers; 51 4. Ability to compare item serial numbers against databases 52 of stolen items; 53 5. Secure storage of goods accepted by the kiosk; and 54 6. Capture and storage of images during the transaction. 55 (k) “Statewide reporting system” means software that the 56 Department of Law Enforcement shares with law enforcement 57 agencies in this state for all pawnbrokers, secondhand dealers, 58 and secondary metals recyclers in this state to use to report 59 transactions to law enforcement and for law enforcement agencies 60 to use for investigations. 61 Section 2. Subsection (6) of section 538.04, Florida 62 Statutes, is amended to read: 63 538.04 Recordkeeping requirements; penalties.— 64 (6) On or before July 1, 2027, the Department of Law 65 Enforcement shall supply a statewide reporting system to law 66 enforcement agencies. The system shall be developed and 67 maintained pursuant to s. 790.335(5) through a department 68 contract with a third-party private provider that is exclusively 69 incorporated, owned, and operated in the United States and that 70 restricts access to such transaction information to appropriate 71 law enforcement agencies for legitimate law enforcement purposes 72 only. The system must have the ability to provide daily exports 73 of the transaction data, in compliance with s. 790.335, to the 74 Department of Law Enforcement for use in law enforcement data 75 sharing systems. Ifthe appropriate law enforcement official76suppliesa secondhand dealer has thewith appropriate software77and thesecondhand dealer hascomputer capability, the 78 secondhand dealer must electronically transmit secondhand dealer 79 transactions required by this section to the statewide reporting 80 systemsuch official. If a secondhand dealer does not have 81 computer capability, the sheriff having jurisdictionappropriate82law enforcement officialmay provide the secondhand dealer with 83 a computer and all equipment necessary to electronically 84 transmit secondhand dealer transactions using the statewide 85 reporting system. The sheriff retainsappropriate law86enforcement official shall retainownership of the computer, 87 unless otherwise agreed upon, and the secondhand dealer shall 88 maintain the computer in good working order, except for ordinary 89 wear. A secondhand dealer who transmits secondhand dealer 90 transactions electronically is not required to also deliver the 91 original or paper copies of the secondhand transaction forms to 92 the appropriate law enforcement official. However, such official 93 may, for purposes of a criminal investigation, request the 94 secondhand dealer to deliver the original transaction form that 95 was electronically transmitted. The secondhand dealer shall 96 deliver the form to the appropriate law enforcement official 97 within 24 hours after receipt of the request. 98 Section 3. Paragraph (b) of subsection (2) of section 99 538.32, Florida Statutes, is amended to read: 100 538.32 Registration, transaction, and recordkeeping 101 requirements; penalties.— 102 (2) A mail-in secondhand precious metals dealer may not 103 remit payment to a seller unless the seller has provided the 104 following information: 105 (b) The seller’s driver license number and issuing state or 106 other United States Government-issued identification number or 107 other verifiable government-issued identification. 108 Section 4. Subsection (2) of section 539.001, Florida 109 Statutes, is reordered and amended, and paragraph (b) of 110 subsection (9) of that section is amended, to read: 111 539.001 The Florida Pawnbroking Act.— 112 (2) DEFINITIONS.—As used in this section, the term: 113 (a) “Agency” means the Department of Agriculture and 114 Consumer Services. 115 (c)(b)“Appropriate law enforcement official” means the 116 sheriff of the county in which a pawnshop is located or, in case 117 of a pawnshop located within a municipality, the police chief of 118 the municipality in which the pawnshop is located; however, any 119 sheriff or police chief may designate as the appropriate law 120 enforcement official for the county or municipality, as 121 applicable, any law enforcement officer working within the 122 county or municipality headed by that sheriff or police chief. 123 Nothing in this subsection limits the power and responsibilities 124 of the sheriff. 125 (e)(c)“Claimant” means a person who claims that his or her 126 property was misappropriated. 127 (f)(d)“Conveying customer” means a person who delivers 128 property into the custody of a pawnbroker, either by pawn, sale, 129 consignment, or trade. 130 (h)(e)“Identification” means a United States Government 131 issued photographic identification or an electronic image taken 132 from a United States Government-issued photographic 133 identification or other verifiable government-issued 134 identification. 135 (i)(f)“Misappropriated” means stolen, embezzled, 136 converted, or otherwise wrongfully appropriated against the will 137 of the rightful owner. 138 (j)(g)“Net worth” means total assets less total 139 liabilities. 140 (l)(h)“Pawn” means any advancement of funds on the 141 security of pledged goods on condition that the pledged goods 142 are left in the possession of the pawnbroker for the duration of 143 the pawn and may be redeemed by the pledgor on the terms and 144 conditions contained in this section. 145 (n)(i)“Pawnbroker” means any person who is engaged in the 146 business of making pawns; who makes a public display containing 147 the term “pawn,” “pawnbroker,” or “pawnshop” or any derivative 148 thereof; or who publicly displays a sign or symbol historically 149 identified with pawns. A pawnbroker may also engage in the 150 business of purchasing goods which includes consignment and 151 trade. 152 (o)(j)“Pawnbroker transaction form” means the instrument 153 on which a pawnbroker records pawns and purchases as provided in 154 subsection (8). 155 (m)(k)“Pawn service charge” means a charge for 156 investigating the title, storage, and insuring of the security; 157 closing the transaction; making daily reports to appropriate law 158 enforcement officials; expenses and losses; and all other 159 services. 160 (p)(l)“Pawnshop” means the location at which a pawnbroker 161 conducts business. 162 (q)(m)“Permitted vendor” means a vendor who furnishes a 163 pawnbroker with an invoice specifying the vendor’s name and 164 address, the date of the sale, a description of the items sold, 165 and the sales price, and who has an established place of 166 business, or, in the case of a secondhand dealer as defined in 167 s. 538.03, has represented in writing that such dealer has 168 complied with all applicable recordkeeping, reporting, and 169 retention requirements pertaining to goods sold or otherwise 170 delivered to a pawnbroker. 171 (r)(n)“Person” means an individual, partnership, 172 corporation, joint venture, trust, association, or other legal 173 entity. 174 (s)(o)“Pledged goods” means tangible personal property 175 that is deposited with, or otherwise delivered into the 176 possession of a pawnbroker in connection with a pawn. “Pledged 177 goods” does not include titles or any other form of written 178 security in tangible property in lieu of actual physical 179 possession, including, but not limited to, choses in action, 180 securities, printed evidence of indebtedness, or certificates of 181 title and other instruments evidencing title to separate items 182 of property, including motor vehicles. For purposes of federal 183 and state bankruptcy laws, a pledgor’s interest in his or her 184 pledged goods during the pendency of a pawn is a right of 185 redemption only. 186 (t)(p)“Pledgor” means an individual who delivers pledged 187 goods into the possession of a pawnbroker in connection with a 188 pawn. 189 (u)(q)“Purchase” means the transfer and delivery of goods, 190 by a person other than a permitted vendor, to a pawnbroker by 191 acquisition for value, consignment, or trade for other goods. 192 (b)(r)“Amount financed” is used interchangeably to mean 193 the same as “amount of money advanced” or “principal amount”. 194 (g)(s)“Default date” means that date upon which the 195 pledgor’s right of redemption expires and absolute right, title, 196 and interest in and to the pledged goods shall vest in and shall 197 be deemed conveyed to the pawnbroker by operation of law. 198 (d)(t)“Beneficial owner” means a person who does not have 199 title to property but has rights in the property which are the 200 normal incident of owning the property. 201 (k)(u)“Operator” means a person who has charge of a 202 corporation or company and has control of its business, or of 203 its branch establishments, divisions, or departments, and who is 204 vested with a certain amount of discretion and independent 205 judgment. 206 (v) “Statewide reporting system” means software that the 207 Department of Law Enforcement shares with law enforcement 208 agencies in this state for all pawnbrokers, secondhand dealers, 209 and secondary metals recyclers in this state to use to report 210 transactions to law enforcement and for law enforcement agencies 211 to use for investigations. 212 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.— 213 (b)1. The Department of Law Enforcement shall supply a 214 statewide reporting system to law enforcement agencies. The 215 system shall be developed and maintained pursuant to s. 216 790.335(5) through a department contract with a third-party 217 private provider that is exclusively incorporated, owned, and 218 operated in the United States and that restricts access to such 219 transaction information to appropriate law enforcement agencies 220 for legitimate law enforcement purposes only. The system must 221 have the ability to provide daily exports of the transaction 222 data, in compliance with s. 790.335, to the Department of Law 223 Enforcement for use in law enforcement data-sharing systems. 224 2. If athe appropriate law enforcement agency supplies the225appropriate software and thepawnbroker presently has the 226 computer capabilityability, pawn transactions shall be 227 electronically transferred. If a pawnbroker does not presently 228 have the computer capabilityability, the sheriff having 229 jurisdiction over the pawnshop locationappropriate law230enforcement agencymay provide the pawnbroker with a computer 231 and all necessary equipment for the purpose of electronically 232 transferring pawn transactions using the statewide reporting 233 system. The sheriff retainsappropriate law enforcement agency234shall retainownership of the computer, unless otherwise agreed 235 upon. The pawnbroker shall maintain the computer in good working 236 order, ordinary wear and tear excepted. In the event the 237 pawnbroker transfers pawn transactions electronically, the 238 pawnbroker is not required to also deliver to the appropriate 239 law enforcement official the original or copies of the 240 pawnbroker transaction forms. The appropriate law enforcement 241 official may, for the purposes of a criminal investigation, 242 request that the pawnbroker produce an original of a transaction 243 form that has been electronically transferred. The pawnbroker 244 shall deliver this form to the appropriate law enforcement 245 official within 24 hours of the request. 246 Section 5. This act shall take effect July 1, 2024.