Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 678 Ì307946IÎ307946 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Truenow) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (8) and paragraphs (a) and (b) of 6 subsection (9) of section 539.001, Florida Statutes, are amended 7 to read: 8 539.001 The Florida Pawnbroking Act.— 9 (8) PAWNBROKER TRANSACTION FORM.— 10 (a) At the time the pawnbroker enters into any pawn or 11 purchase transaction, the pawnbroker shall complete a pawnbroker 12 transaction form for such transaction, including an indication 13 of whether the transaction is a pawn or a purchase, and the 14 pledgor or seller shall sign such completed form. The agency 15 must approve the design and format of the pawnbroker transaction 16 form, which must be 8 1/2 inches x 11 inches in size for printed 17 forms and be in a font size of at least 12 points for digital 18 forms and elicit the information required under this section in 19 a digital or printed format. The pawnbroker may use either 20 format. In completing the pawnbroker transaction form, the 21 pawnbroker shall record the following information, which must be 22 typed or written indelibly and legibly in English. 23 (b) The front of a printedthepawnbroker transaction form 24 and the first page of a digital form must include: 25 1. The name and address of the pawnshop. 26 2. A complete and accurate description of the pledged goods 27 or purchased goods, including the following information, if 28 applicable: 29 a. Brand name. 30 b. Model number. 31 c. Manufacturer’s serial number. 32 d. Size. 33 e. Color, as apparent to the untrained eye. 34 f. Precious metal type, weight, and content, if known. 35 g. Gemstone description, including the number of stones. 36 h. In the case of firearms, the type of action, caliber or 37 gauge, number of barrels, barrel length, and finish. 38 i. Any other unique identifying marks, numbers, names, or 39 letters. 40 41 Notwithstanding sub-subparagraphs a.-i., in the case of multiple 42 items of a similar nature delivered together in one transaction 43 which do not bear serial or model numbers and which do not 44 include precious metal or gemstones, such as musical or video 45 recordings, books, and hand tools, the description of the items 46 is adequate if it contains the quantity of items and a 47 description of the type of items delivered. 48 3. The name, address, home telephone number, place of 49 employment, date of birth, physical description, and right 50 thumbprint of the pledgor or seller. 51 4. The date and time of the transaction. 52 5. The type of identification accepted from the pledgor or 53 seller, including the issuing agency and the identification 54 number. 55 6. In the case of a pawn: 56 a. The amount of money advanced, which must be designated 57 as the amount financed; 58 b. The maturity date of the pawn, which must be 30 days 59 after the date of the pawn; 60 c. The default date of the pawn and the amount due on the 61 default date; 62 d. The total pawn service charge payable on the maturity 63 date, which must be designated as the finance charge; 64 e. The amount financed plus the finance charge that must be 65 paid to redeem the pledged goods on the maturity date, which 66 must be designated as the total of payments; 67 f. The annual percentage rate, computed according to the 68 regulations adopted by the Federal Reserve Board under the 69 federal Truth in Lending Act; and 70 g. The front or back of a printedthepawnbroker 71 transaction form and the first or second page of a digital 72 pawnbroker transaction form must include a statement that: 73 (I) Any personal property pledged to a pawnbroker within 74 this state which is not redeemed within 30 days following the 75 maturity date of the pawn, if the 30th day is not a business 76 day, then the following business day, is automatically forfeited 77 to the pawnbroker, and absolute right, title, and interest in 78 and to the property vests in and is deemed conveyed to the 79 pawnbroker by operation of law, and no further notice is 80 necessary; 81 (II) The pledgor is not obligated to redeem the pledged 82 goods; and 83 (III) If the pawnbroker transaction form is lost, 84 destroyed, or stolen, the pledgor must immediately advise the 85 issuing pawnbroker in writing by certified or registered mail, 86 return receipt requested, or in person evidenced by a signed 87 receipt. 88 (IV) A pawn may be extended upon mutual agreement of the 89 parties. 90 7. In the case of a purchase, the amount of money paid for 91 the goods or the monetary value assigned to the goods in 92 connection with the transaction. 93 8. A statement that the pledgor or seller of the item 94 represents and warrants that it is not stolen, that it has no 95 liens or encumbrances against it, and that the pledgor or seller 96 is the rightful owner of the goods and has the right to enter 97 into the transaction. Any person who knowingly gives false 98 verification of ownership or gives a false or altered 99 identification and who receives money from a pawnbroker for 100 goods sold or pledged commits: 101 a. If the value of the money received is less than $300, a 102 felony of the third degree, punishable as provided in s. 103 775.082, s. 775.083, or s. 775.084. 104 b. If the value of the money received is $300 or more, a 105 felony of the second degree, punishable as provided in s. 106 775.082, s. 775.083, or s. 775.084. 107 (c) A pawnbroker transaction form must provide a space for 108 the imprint of the right thumbprint of the pledgor or seller and 109 a blank line for the signature of the pledgor or seller. 110 (d) At the time of the pawn or purchase transaction, the 111 pawnbroker shall deliver to the pledgor or seller an exact copy 112 of the completed pawnbroker transaction form. 113 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.— 114 (a) A pawnbroker must maintain a copy of each completed 115 pawnbroker transaction form on the pawnshop premises for at 116 least 1 year after the date of the transaction. On or before the 117 end of each business day, the pawnbroker must deliver to the 118 appropriate law enforcement official the original printed 119 pawnbroker transaction forms or printed copies of the digital 120 pawnbroker transaction forms for each of the transactions 121 occurring during the previous business day, unless other 122 arrangements have been agreed upon between the pawnbroker and 123 the appropriate law enforcement official. If antheoriginal 124 printed transaction form is lost or destroyed by the appropriate 125 law enforcement official, a copy may be used by the pawnbroker 126 as evidence in court. When an electronic image of a pledgor or 127 seller identification is accepted for a transaction, the 128 pawnbroker must maintain the electronic image in order to meet 129 the same recordkeeping requirements as for the original printed 130 transaction form. If a criminal investigation occurs, the 131 pawnbroker shall, upon request, provide a clear and legible copy 132 of the image to the appropriate law enforcement official. 133 (b) If the appropriate law enforcement agency supplies the 134 appropriate software and the pawnbroker presently has the 135 computer ability, pawn transactions shall be electronically 136 transferred. If a pawnbroker does not presently have the 137 computer ability, the appropriate law enforcement agency may 138 provide the pawnbroker with a computer and all necessary 139 equipment for the purpose of electronically transferring pawn 140 transactions. The appropriate law enforcement agency shall 141 retain ownership of the computer, unless otherwise agreed upon. 142 The pawnbroker shall maintain the computer in good working 143 order, ordinary wear and tear excepted. In the event the 144 pawnbroker transfers pawn transactions electronically, the 145 pawnbroker is not required to also deliver to the appropriate 146 law enforcement official the original or copies of the 147 pawnbroker transaction forms. The appropriate law enforcement 148 official may, for the purposes of a criminal investigation, 149 request that the pawnbroker produce an original of a printed 150 transaction form that has been electronically transferred. The 151 pawnbroker shall deliver this form to the appropriate law 152 enforcement official within 24 hours of the request. 153 Section 2. This act shall take effect July 1, 2025. 154 155 ================= T I T L E A M E N D M E N T ================ 156 And the title is amended as follows: 157 Delete everything before the enacting clause 158 and insert: 159 A bill to be entitled 160 An act relating to pawnbroker transaction forms; 161 amending s. 539.001, F.S.; authorizing pawnbroker 162 transaction forms to be in digital or printed formats; 163 authorizing a pawnbroker to use either format; 164 revising recordkeeping requirements; providing an 165 effective date.