Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 678
       
       
       
       
       
       
                                Ì307946IÎ307946                         
       
                              LEGISLATIVE ACTION                        
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       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 printed the pawnbroker 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 printed the pawnbroker
   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 an the original
  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.