HB 1345 — Statewide Data Sharing of Secondhand Dealer, Secondary Metals Recycler, and Pawnbroker Transactions

(3) ESTABLISHMENT OF STATEWIDE SYSTEM.— (a) The department shall establish, operate, and maintain a statewide system for the collection of pawn data.

(b) The department shall ensure that the statewide system:

AcceptsBrand electronicname. reports from all required reporting entities statewide.

ProvidesModel accessnumber. to pawn data for law enforcement agencies in real time or near real-time.

SupportsManufacturer's multijurisdictionalserial investigations.number.

MeetsSize. state and federal security, privacy, and records management requirements.

(4)5. PROCUREMENT AUTHORITY.— (a) Pursuant to chapter 287, the department shall competitively procure and contract with a single vendor to provide pawn data collection as a service on a statewide basis.

PageColor, 3as ofapparent 6to CODING:the untrained eye.

6.

Precious metal type, weight, and content if known.

7.

Gemstone description, including the number of stones, if applicable.

8.

In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and finish.

9.

Any other unique identifying marks, numbers, or letters.

(c) Digital photographs of the goods, clearly showing the items required to be included on the record as provided in paragraph (b).

(d) A description of the person from whom the goods were acquired, including:

1.

Full name, current residential address, workplace, and Page 2 of 10 CODING:

hb1345-00hb1345-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1345 2026 (b)home The department may enter into a multiyear contract, which may include renewal options, performance benchmarks, transition periods, and terminationwork provisionsphone consistentnumbers. with state procurement law.

(c)2. The department may not delegate data ownership, governance authority, or law enforcement access control to a vendor.

(5)Height, MANDATORYweight, PARTICIPATION.—date (a)of Allbirth, secondhandrace, dealersgender, andhair secondarycolor, metalseye recyclerscolor, required to report under chapter 538 and thisany chapterother shallidentifying submitmarks. required data through the statewide system.

(b)3. A local or regional law enforcement agency may not require or maintain a separate contract for pawn data collection services that duplicates the statewide system.

(c)The Aright lawthumbprint, enforcementfree agencyof maysmudges notand besmears, chargedof athe feeperson forfrom accessingwhom pawn data through the statewidegoods system.were acquired.

(6)(e) CONTRACTUALAny REQUIREMENTS.—Aother contractinformation executedrequired underby thisthe sectionform mustapproved requireby the vendorDepartment to:of Law Enforcement.

(a)(6) MaintainIf andthe supportappropriate integrationslaw enforcement official supplies a secondhand dealer with commonlyappropriate usedsoftware point-of-saleand systemsthe secondhand dealer has computer capability, the secondhand dealer must electronically transmit secondhand dealer transactions required by this section to such official and web-basedthe reportingDepartment tools.of Law Enforcement for the purpose of statewide data sharing.

(b)If Providea compliancesecondhand monitoringdealer does not have computer capability, the appropriate law enforcement official may provide the secondhand dealer with a computer and technicalall assistanceequipment necessary to reportingelectronically businesses.transmit secondhand dealer transactions.

(c)The Transmitappropriate alllaw pawnenforcement dataofficial toshall retain ownership of the departmentcomputer, unless otherwise agreed upon, and the secondhand dealer shall maintain the computer in realgood timeworking ororder, nearexcept real-time.for ordinary wear.

(d)A Providesecondhand fulldealer andwho continuoustransmits accesssecondhand dealer transactions electronically is not required to currentalso anddeliver Pagethe 4original or paper copies of 6the CODING:secondhand transaction forms to the appropriate law enforcement official or the Department of Law Enforcement.

However, such official may, Page 3 of 10 CODING:

hb1345-00hb1345-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1345 2026 historicalfor pawnpurposes dataof a criminal investigation, request the secondhand dealer to deliver the department.original transaction form that was electronically transmitted.

(e)The Transfersecondhand alldealer pawnshall data,deliver includingthe metadataform and historical records, to the departmentappropriate immediatelylaw uponenforcement requestofficial orwithin upon24 contracthours expirationafter orreceipt termination,of withoutthe anyrequest. additional cost.

(f)(8) ProvideWhen asecondhand department-approvedgoods transitionare planpurchased by means of an automated kiosk, the serial number reported pursuant to preventthis disruptionsection ofmay lawbe enforcementthe operations.International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or another unique identifying number assigned to the device by the manufacturer.

(g)If Complythe IMEI, MEID, or other unique identifying number is not available at the time of receipt or purchase, the report filed pursuant to this section must be updated with allthe stateIMEI, cybersecurity,MEID, publicor records,other andunique dataidentifying retentionnumber requirements.as soon as possible, but no later than 10 business days after the date of acquisition.

(7)If OWNERSHIPsuch ANDidentifying USEnumbers OFare DATA.—not (a)available Allat pawnthe datatime collectedof underthe thistransaction, sectionthe isbusiness must shall assign another unique identifier to the exclusiveitem propertywhich ofdirectly thisassociates state,the exceptitem firearmsto the transaction datathat pursuantit towas subsectionpurchased (8).in.

(b)Upon Aentering vendoror actsupdating solelyany asinformation aon servicethe providertransaction andform, dataa processorlaw andenforcement doesofficial, notas acquiredesignated anyby ownershipthe sheriff or proprietarythe interestchief of police of the jurisdiction in which the pawnitem data.was purchased, must be timely notified in writing or by electronic means, as required by the sheriff or chief of police of the jurisdiction.

(c)If, Pawnupon datareceiving maythe bedevice usedand onlycorrecting forthe officialPage law4 enforcement,of regulatory,10 orCODING: public safety purposes authorized by general law.

(8) FIREARMS TRANSACTION DATA.— (a) Firearms transaction data may be collected by a vendor as an agent of the department and stored or managed in compliance with s.

790.335.

(b) The department may authorize storage of firearms transaction data by a vendor or by a not-for-profit entity Page 5 of 6 CODING:

hb1345-00hb1345-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1345 2026 designatedmissing byinformation, the department,company subjectfinds tothat strictthe accessitem was misappropriated or stolen, the appropriate law enforcement official and auditthe controls.Department of Law Enforcement must be notified.

(9)The PROHIBITEDholding ACTS.—requirements (a)of Ass. vendor may not sell, license, lease, sublicense, monetize, or otherwise commercially exploit pawn data or firearms transaction data.

(b)538.06 Aand person538.09(3) maydo not knowinglybegin misuse,until disclose,all orrequired accessreports pawnare datacomplete forand anysubmitted purposeto notthe authorizedappropriate bylaw generalenforcement law.official and the Department of Law Enforcement.

(10)Section ENFORCEMENT2. AND PENALTIES.— (a) A vendor that violates this section, or the terms of a contract entered into pursuant to subsection (4), is subject to:

Subsection (1) of section 538.19, Florida Statutes, is amended to read:

538.19 Records required;

limitation of liability.— (1) A secondary metals recycler shall maintain a legible paper record of all purchase transactions to which such secondary metals recycler is a party.

A secondary metals recycler shall also maintain a legible electronic record, in the English language, of all such purchase transactions.

The appropriate law enforcement official may provide data specifications regarding the electronic record format, but such format must be approved by the Department of Law Enforcement.

An electronic record of a purchase transaction shall be electronically transmitted to the appropriate law enforcement official and the Department of Law Enforcement for the purpose of statewide data sharing no later than 10 a.m.

of the business day following the date of the purchase transaction.

The record transmitted to the appropriate law enforcement official and the Department of Law Enforcement must not contain the price paid Page 5 of 10 CODING:

Words stricken are deletions;

words underlined are additions.

hb1345-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1345 2026 for the items.

A secondary metals recycler who transmits such records electronically is not required to also deliver the original or paper copies of the transaction forms to the appropriate law enforcement official or the Department of Law Enforcement.

However, such official may, for purposes of a criminal investigation, request the secondary metals recycler to make available the original transaction form that was electronically transmitted.

This original transaction form must include the price paid for the items.

The secondary metals recycler shall make the form available to the appropriate law enforcement official within 24 hours after receipt of the request.

Section 3.

Subsections (3), (4), and (6) and paragraph (d) of subsection (7) of section 538.32, Florida Statutes, are amended to read:

538.32 Registration, transaction, and recordkeeping requirements;

penalties.— (3) For every transaction, the secondhand dealer shall must keep a record of the following:

(a) A complete and accurate description of the seller's goods, including:

APrecious civilmetal penaltytype, ofor, upif tojewelry, $500,000the pertype violation.of jewelry.

ContractAny termination.other unique identifying marks, numbers, or letters.

3.The description must be in an electronic format agreed Page 6 of 10 CODING:

DisqualificationWords fromstricken futureare statedeletions; contracts.

(b)words Aunderlined personare whoadditions. knowingly and willfully violates subsection (9) commits a felony of the third degree, punishable as provided in s.

775.082hb1345-01-c1 orF s.L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1345 2026 upon by the dealer and the appropriate law enforcement agency.

775.083.(b) The date that the seller's goods were received by the mail-in secondhand precious metals dealer.

(11)This RULEMAKING.—Theinformation departmentmust maybe adoptprovided rules to implementthe thisappropriate section,law including,enforcement butagency notand limitedthe to,Department procurementof administration,Law systemEnforcement standards,for accessthe controls,purpose of statewide data security,sharing audits,within 24 hours after entering into the contract unless other arrangements are made between the business and compliancethe enforcement.law enforcement agency.

Section(4) 2.For every transaction, pictures of the secondhand goods which are the subject of the transaction must be available online for electronic viewing, via a website accessible by username and password only, by a law enforcement agency and the Department of Law Enforcement at no charge.

In addition, the electronic files must be searchable by a law enforcement agency for queries concerning property descriptions, secondhand dealer transaction information, and the seller's personal identification, including address, state of residence, and zip code.

(6) The mail-in secondhand precious metals dealer shall must provide the appropriate law enforcement agency and the Department of Law Enforcement for the purpose of statewide data sharing with an electronic copy of the name, address, phone number, driver license number, or government-issued identification number, and issuing state of the person from whom Page 7 of 10 CODING:

Words stricken are deletions;

words underlined are additions.

hb1345-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1345 2026 the dealer purchased or acquired the precious metals or jewelry.

(7) (d) Within 24 hours after the expiration of the 30-day hold period for the property, the secondhand dealer shall must notify the appropriate law enforcement agency and the Department of Law Enforcement of the abandonment of the property by electronic transmission or by sending a copy of the completed form authorized by chapter 717 to the Department of Financial Services, Division of Unclaimed Property.

Section 4.

Paragraphs (a) and (b) of subsection (9) of section 539.001, Florida Statutes, are amended to read:

539.001 The Florida Pawnbroking Act.— (9) RECORDKEEPING;

REPORTING;

HOLD PERIOD.— (a) A pawnbroker shall must maintain a copy of each completed pawnbroker transaction form on the pawnshop premises for at least 1 year after the date of the transaction.

On or before the end of each business day, the pawnbroker shall must deliver to the appropriate law enforcement official and the Department of Law Enforcement for the purpose of statewide data sharing the original printed pawnbroker transaction forms or printed copies of the digital pawnbroker transaction forms for each of the transactions occurring during the previous business day, unless other arrangements have been agreed upon between the pawnbroker and the appropriate law enforcement official.

If an original printed transaction form is lost or destroyed by the Page 8 of 10 CODING:

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words underlined are additions.

hb1345-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1345 2026 appropriate law enforcement official, a copy may be used by the pawnbroker as evidence in court.

When an electronic image of a pledgor or seller identification is accepted for a transaction, the pawnbroker must maintain the electronic image in order to meet the same recordkeeping requirements as for the original printed transaction form.

If a criminal investigation occurs, the pawnbroker must shall, upon request, provide a clear and legible copy of the image to the appropriate law enforcement official.

(b) If the appropriate law enforcement agency supplies the appropriate software and the pawnbroker presently has the computer ability, pawn transactions must shall be electronically transferred to the appropriate law enforcement official and the Department of Law Enforcement for the purpose of statewide data sharing.

If a pawnbroker does not presently have the computer ability, the appropriate law enforcement agency may provide the pawnbroker with a computer and all necessary equipment for the purpose of electronically transferring pawn transactions.

The appropriate law enforcement agency retains shall retain ownership of the computer, unless otherwise agreed upon.

The pawnbroker shall maintain the computer in good working order, ordinary wear and tear excepted.

In the event the pawnbroker transfers pawn transactions electronically, the pawnbroker is not required to also deliver to the appropriate law enforcement official or the Department of Law Enforcement the original or Page 9 of 10 CODING:

Words stricken are deletions;

words underlined are additions.

hb1345-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1345 2026 copies of the pawnbroker transaction forms.

The appropriate law enforcement official may, for the purposes of a criminal investigation, request that the pawnbroker produce an original of a printed transaction form that has been electronically transferred.

The pawnbroker shall deliver this form to the appropriate law enforcement official within 24 hours of the request.

Section 5.

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