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

CS/HB 1345 2026

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A bill to be entitled 1
An act relating to statewide data sharing of 2
secondhand dealer, secondary metals recycler, and 3
pawnbroker transactions; amending ss. 538.04, 538.19, 4
538.32, and 539.001, F.S.; requiring secondhand 5
dealers, secondary metals recyclers, and pawnbrokers 6
to transmit specified records to the Department of Law 7
Enforcement for the purpose of statewide data sharing; 8
providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Subsections (1), (6), and (8) of section 13
538.04, Florida Statutes, are amended to read: 14
538.04 Recordkeeping requirements; penalties.— 15
(1) A secondhand dealer shall complete a secondhand 16
dealers transaction form at the time of the actual transaction. 17
A secondhand dealer shall maintain a copy of a completed 18
transaction form on the registered premises for at least 1 year 19
after the date of the transaction. However, the secondhand 20
dealer shall maintain a copy of the transaction form for not 21
less than 3 years. Unless other arrangements are agreed upon by 22
the secondhand dealer and the appropriate law enforcement 23
official, the secondhand dealer shall, within 24 hours after 24
acquiring any secondhand goods, deliver to such official and the 25

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Department of Law Enforcement a record of the transaction on a 26
form approved by the Department of Law Enforcement for the 27
purpose of statewide data sharing. Such record must shall 28
contain all of the following: 29
(a) The time, date, and place of the transaction. 30
(b) A complete and accurate description of the goods 31
acquired, including the following information, if applicable: 32
1. Brand name. 33
2. Model number. 34
3. Manufacturer's serial number. 35
4. Size. 36
5. Color, as apparent to the untrained eye. 37
6. Precious metal type, weight, and content if known. 38
7. Gemstone description, including the number of stones, 39
if applicable. 40
8. In the case of firearms, the type of action, caliber or 41
gauge, number of barrels, barrel length, and finish. 42
9. Any other unique identifying marks, numbers, or 43
letters. 44
(c) Digital photographs of the goods, clearly showing the 45
items required to be included on the record as provided in 46
paragraph (b). 47
(d) A description of the person from whom the goods were 48
acquired, including: 49
1. Full name, current residential address, workplace, and 50

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home and work phone numbers. 51
2. Height, weight, date of birth, race, gender, hair 52
color, eye color, and any other identifying marks. 53
3. The right thumbprint, free of smudges and smears, of 54
the person from whom the goods were acquired. 55
(e) Any other information required by the form approved by 56
the Department of Law Enforcement. 57
(6) If the appropriate law enforcement official supplies a 58
secondhand dealer with appropriate software and the secondhand 59
dealer has computer capability, the secondhand dealer must 60
electronically transmit secondhand dealer transactions required 61
by this section to such official and the Department of Law 62
Enforcement for the purpose of statewide data sharing. If a 63
secondhand dealer does not have computer capability, the 64
appropriate law enforcement official may provide the secondhand 65
dealer with a computer and all equipment necessary to 66
electronically transmit secondhand dealer transactions. The 67
appropriate law enforcement official shall retain ownership of 68
the computer, unless otherwise agreed upon, and the secondhand 69
dealer shall maintain the computer in good working order, except 70
for ordinary wear. A secondhand dealer who transmits secondhand 71
dealer transactions electronically is not required to also 72
deliver the original or paper copies of the secondhand 73
transaction forms to the appropriate law enforcement official or 74
the Department of Law Enforcement. However, such official may, 75

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for purposes of a criminal investigation, request the secondhand 76
dealer to deliver the original transaction form that was 77
electronically transmitted. The secondhand dealer shall deliver 78
the form to the appropriate law enforcement official within 24 79
hours after receipt of the request. 80
(8) When secondhand goods are purchased by means of an 81
automated kiosk, the serial number reported pursuant to this 82
section may be the International Mobile Station Equipment 83
Identity (IMEI), the mobile equipment identifier (MEID), or 84
another unique identifying number assigned to the device by the 85
manufacturer. If the IMEI, MEID, or other unique identifying 86
number is not available at the time of receipt or purchase, the 87
report filed pursuant to this section must be updated with the 88
IMEI, MEID, or other unique identifying number as soon as 89
possible, but no later than 10 business days after the date of 90
acquisition. If such identifying numbers are not available at 91
the time of the transaction, the business must shall assign 92
another unique identifier to the item which directly associates 93
the item to the transaction that it was purchased in. Upon 94
entering or updating any information on the transaction form, a 95
law enforcement official, as designated by the sheriff or the 96
chief of police of the jurisdiction in which the item was 97
purchased, must be timely notified in writing or by electronic 98
means, as required by the sheriff or chief of police of the 99
jurisdiction. If, upon receiving the device and correcting the 100

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missing information, the company finds that the item was 101
misappropriated or stolen, the appropriate law enforcement 102
official and the Department of Law Enforcement must be notified. 103
The holding requirements of ss. 538.06 and 538.09(3) do not 104
begin until all required reports are complete and submitted to 105
the appropriate law enforcement official and the Department of 106
Law Enforcement. 107
Section 2. Subsection (1) of section 538.19, Florida 108
Statutes, is amended to read: 109
538.19 Records required; limitation of liability.— 110
(1) A secondary metals recycler shall maintain a legible 111
paper record of all purchase transactions to which such 112
secondary metals recycler is a party. A secondary metals 113
recycler shall also maintain a legible electronic record, in the 114
English language, of all such purchase transactions. The 115
appropriate law enforcement official may provide data 116
specifications regarding the electronic record format, but such 117
format must be approved by the Department of Law Enforcement. An 118
electronic record of a purchase transaction shall be 119
electronically transmitted to the appropriate law enforcement 120
official and the Department of Law Enforcement for the purpose 121
of statewide data sharing no later than 10 a.m. of the business 122
day following the date of the purchase transaction. The record 123
transmitted to the appropriate law enforcement official and the 124
Department of Law Enforcement must not contain the price paid 125

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for the items. A secondary metals recycler who transmits such 126
records electronically is not required to also deliver the 127
original or paper copies of the transaction forms to the 128
appropriate law enforcement official or the Department of Law 129
Enforcement. However, such official may, for purposes of a 130
criminal investigation, request the secondary metals recycler to 131
make available the original transaction form that was 132
electronically transmitted. This original transaction form must 133
include the price paid for the items. The secondary metals 134
recycler shall make the form available to the appropriate law 135
enforcement official within 24 hours after receipt of the 136
request. 137
Section 3. Subsections (3), (4), and (6) and paragraph (d) 138
of subsection (7) of section 538.32, Florida Statutes, are 139
amended to read: 140
538.32 Registration, transaction, and recordkeeping 141
requirements; penalties.— 142
(3) For every transaction, the secondhand dealer shall 143
must keep a record of the following: 144
(a) A complete and accurate description of the seller's 145
goods, including: 146
1. Precious metal type, or, if jewelry, the type of 147
jewelry. 148
2. Any other unique identifying marks, numbers, or 149
letters. The description must be in an electronic format agreed 150

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upon by the dealer and the appropriate law enforcement agency. 151
(b) The date that the seller's goods were received by the 152
mail-in secondhand precious metals dealer. 153
154
This information must be provided to the appropriate law 155
enforcement agency and the Department of Law Enforcement for the 156
purpose of statewide data sharing within 24 hours after entering 157
into the contract unless other arrangements are made between the 158
business and the law enforcement agency. 159
(4) For every transaction, pictures of the secondhand 160
goods which are the subject of the transaction must be available 161
online for electronic viewing, via a website accessible by 162
username and password only, by a law enforcement agency and the 163
Department of Law Enforcement at no charge. In addition, the 164
electronic files must be searchable by a law enforcement agency 165
for queries concerning property descriptions, secondhand dealer 166
transaction information, and the seller's personal 167
identification, including address, state of residence, and zip 168
code. 169
(6) The mail-in secondhand precious metals dealer shall 170
must provide the appropriate law enforcement agency and the 171
Department of Law Enforcement for the purpose of statewide data 172
sharing with an electronic copy of the name, address, phone 173
number, driver license number, or government-issued 174
identification number, and issuing state of the person from whom 175

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the dealer purchased or acquired the precious metals or jewelry. 176
(7) 177
(d) Within 24 hours after the expiration of the 30-day 178
hold period for the property, the secondhand dealer shall must 179
notify the appropriate law enforcement agency and the Department 180
of Law Enforcement of the abandonment of the property by 181
electronic transmission or by sending a copy of the completed 182
form authorized by chapter 717 to the Department of Financial 183
Services, Division of Unclaimed Property. 184
Section 4. Paragraphs (a) and (b) of subsection (9) of 185
section 539.001, Florida Statutes, are amended to read: 186
539.001 The Florida Pawnbroking Act.— 187
(9) RECORDKEEPING; REPORTING; HOLD PERIOD.— 188
(a) A pawnbroker shall must maintain a copy of each 189
completed pawnbroker transaction form on the pawnshop premises 190
for at least 1 year after the date of the transaction. On or 191
before the end of each business day, the pawnbroker shall must 192
deliver to the appropriate law enforcement official and the 193
Department of Law Enforcement for the purpose of statewide data 194
sharing the original printed pawnbroker transaction forms or 195
printed copies of the digital pawnbroker transaction forms for 196
each of the transactions occurring during the previous business 197
day, unless other arrangements have been agreed upon between the 198
pawnbroker and the appropriate law enforcement official. If an 199
original printed transaction form is lost or destroyed by the 200

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appropriate law enforcement official, a copy may be used by the 201
pawnbroker as evidence in court. When an electronic image of a 202
pledgor or seller identification is accepted for a transaction, 203
the pawnbroker must maintain the electronic image in order to 204
meet the same recordkeeping requirements as for the original 205
printed transaction form. If a criminal investigation occurs, 206
the pawnbroker must shall, upon request, provide a clear and 207
legible copy of the image to the appropriate law enforcement 208
official. 209
(b) If the appropriate law enforcement agency supplies the 210
appropriate software and the pawnbroker presently has the 211
computer ability, pawn transactions must shall be electronically 212
transferred to the appropriate law enforcement official and the 213
Department of Law Enforcement for the purpose of statewide data 214
sharing. If a pawnbroker does not presently have the computer 215
ability, the appropriate law enforcement agency may provide the 216
pawnbroker with a computer and all necessary equipment for the 217
purpose of electronically transferring pawn transactions. The 218
appropriate law enforcement agency retains shall retain 219
ownership of the computer, unless otherwise agreed upon. The 220
pawnbroker shall maintain the computer in good working order, 221
ordinary wear and tear excepted. In the event the pawnbroker 222
transfers pawn transactions electronically, the pawnbroker is 223
not required to also deliver to the appropriate law enforcement 224
official or the Department of Law Enforcement the original or 225

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copies of the pawnbroker transaction forms. The appropriate law 226
enforcement official may, for the purposes of a criminal 227
investigation, request that the pawnbroker produce an original 228
of a printed transaction form that has been electronically 229
transferred. The pawnbroker shall deliver this form to the 230
appropriate law enforcement official within 24 hours of the 231
request. 232
Section 5. This act shall take effect July 1, 2026. 233