Post Meeting Packet - Florida Senate Commerce and Tourism Committee (January 28, 2026)
Summary
This document concerns the Florida Senate Commerce and Tourism committee meeting on Wednesday, January 28, 2026, 10:30 a.m.-12:30 p.m., 2026 Regular Session, with Senator Leek as Chair and Senator Arrington as Vice Chair. The expanded agenda lists CS/SB 1080 on Transportation, SB 1112 on the Labor Pool Act, SB 1324, SB 1338 on Charitable Giving, SB 1582 on Pawn Data Statewide System, and SB 1672 on Tax Credits to Assist Homebuyers. CS/SB 1080 is shown with the committee action Favorable, Yeas 9 Nays 0. The document also includes bill text and an appearance record form.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Post Meeting Packet - Florida Senate Commerce and Tourism Committee (January 28, 2026).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-01-28-post-meeting-packet-8131-10770d7e67/
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01/28/2026 - Commerce and Tourism (10:30 AM - 12:30 PM) 2026 Regular Session
Customized 01/28/2026 4:03 PM
Tab
Tab 1 CS/SB 1080 by TR, DiCeglie; Compare to CS/H 00543 Transportation
Tab 2 SB 1112 by Garcia; Identical to H 01287 Labor Pool Act
SB 1324 by McClain; Compare to H 00955 Principal Offices of Limited Liability Companies and
Tab 3
Corporations
Tab 4 SB 1338 by Burton; Identical to H 01475 Charitable Giving
Tab 5 SB 1582 by Yarborough; Similar to H 01345 Pawn Data Statewide System
173164 D S LFAV CM, Yarborough Delete everything after 01/28 12:46 PM
SB 1672 by McClain (CO-INTRODUCERS) Arrington; Similar to H 00311 Tax Credits for Contributions
Tab 6
to Assist Homebuyers
Page 1 of 1
2026 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Leek, Chair
Senator Arrington, Vice Chair
MEETING DATE: Wednesday, January 28, 2026
TIME: 10:30 a.m.—12:30 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Leek, Chair; Senator Arrington, Vice Chair; Senators Bracy Davis, Davis, DiCeglie, Mayfield,
McClain, Smith, Wright, and Yarborough
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 CS/SB 1080 Transportation; Requiring the Department of Favorable
Transportation / DiCeglie Transportation to adopt rules establishing Yeas 9 Nays 0
(Compare CS/H 543, S 1274) circumstances under which it may make direct
payments to a first-tier subcontractor; requiring that a
takeover agreement between the department and a
surety require the surety’s completion contractor to
meet certain requirements and follow certain contract
procedures, etc.
TR 01/20/2026 Fav/CS
CM 01/28/2026 Favorable
RC
2 SB 1112 Labor Pool Act; Prohibiting a labor pool from charging Favorable
Garcia a certain fee to a third-party user if such user directly Yeas 9 Nays 0
(Identical H 1287) employs a laborer for work; requiring a labor pool to
register annually with the Department of Commerce;
revising the remedies, damages, and costs a court
may award the prevailing party in certain actions, etc.
CM 01/28/2026 Favorable
ATD
FP
3 SB 1324 Principal Offices of Limited Liability Companies and Temporarily Postponed
McClain Corporations; Revising the definition of the term
(Compare H 955) “principal office”, etc.
CM 01/28/2026 Temporarily Postponed
JU
RC
S-036 (10/2008)
01282026.1205 Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Wednesday, January 28, 2026, 10:30 a.m.—12:30 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 SB 1338 Charitable Giving; Prohibiting a charitable Favorable
Burton organization that accepts a contribution pursuant to a Yeas 8 Nays 0
(Identical H 1475) written donor-imposed restriction from violating the
terms of that restriction without potential penalty;
requiring a charitable organization to notify a donor,
or a donor’s legal representative, if it cannot fulfill a
term in the endowment agreement and offer the
donor, or the donor’s legal representative, an
alternative solution that closely matches the initial
term in such endowment agreement; prohibiting a
state agency or a state official from imposing any
annual filing or reporting requirements on certain
organizations regulated or exempted from regulation
under ch. 496, F.S., which are more burdensome
than the requirements authorized by state law, etc.
CM 01/28/2026 Favorable
JU
RC
5 SB 1582 Pawn Data Statewide System; Requiring the Fav/CS
Yarborough Department of Law Enforcement to establish, Yeas 9 Nays 0
(Similar H 1345) operate, and maintain a statewide system for the
collection of pawn data; providing procurement
authority to the department to contract with a single
vendor to provide pawn data collection as a service;
requiring mandatory participation in the statewide
system by specified dealers and recyclers; providing
that all pawn data collected is the exclusive property
of the state, etc.
CM 01/28/2026 Fav/CS
ACJ
FP
6 SB 1672 Tax Credits for Contributions to Assist Homebuyers; Favorable
McClain Authorizing certain taxpayers to receive a tax credit Yeas 9 Nays 0
(Similar H 311) for contributions made to certain employees for
specified expenses related to buying a home;
providing a maximum credit authorized in certain
circumstances; authorizing a taxpayer to receive a tax
credit for contributions made to certain programs;
authorizing the taxpayer to submit an application for
the tax credit; authorizing the tax credit to be used
against certain taxes; requiring the Department of
Revenue to approve applications on a first-come,
first-served basis, etc.
CM 01/28/2026 Favorable
FT
AP
Other Related Meeting Documents
S-036 (10/2008)
01282026.1205 Page 2 of 2
THE FLORIDA SENATE
Tallahassee, Florida 32399-1100
COMMITTEES:
Appropriations Committee on Health and Human
Services, Vice Chair
Appropriations Committee on Higher Education
Commerce and Tourism
Education Pre-K - 12
Fiscal Policy
Health Policy
Transportation
SENATOR TRACIE DAVIS
Democratic Leader Pro Tempore JOINT COMMITTEE:
5th District Joint Legislative Auditing Committee
January 27, 2026
The Honorable Tom Leek
Commerce and Tourism, Chair
111 W. Madison Street
Tallahassee, FL 32399-1100
Dear Chair Leek,
I respectfully request an excused absence from the January 28, 2026, Commerce and Tourism
committee meeting.
Thank you for your consideration.
Sincerely,
Tracie Davis
State Senator
District 05
D 2933 North Myrtle Avenue, Suite 201, Jacksonville, Florida 32209 (904) 359-2575
2 IO Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5005
BEN ALBRITTON JASON BRODEUR
President of the Senate President Pro Tempore
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1080
INTRODUCER: Transportation Committee and Senator DiCeglie
SUBJECT: Transportation
DATE: January 27, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Fav/CS
2. McMillan McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
PLEASE MAKE SELECTION
I. Summary:
CS/SB 1080 requires the Florida Department of Transportation (FDOT) to adopt rules providing
circumstances under which it may make direct payments to a first-tier subcontractor, including
specified conditions, with the amount paid to the subcontractor deducted from the amount paid to
the contractor.
The bill also requires that, if due to default by the contract, the FDOT and the surety enter into a
takeover agreement, such agreement must require the surety’s completion contractor to meet the
certificate of qualification requirements of the original contract bid solicitation and that the
surety must follow the contract’s procedures regarding the payment of subcontractors.
This bill does not appear to have a fiscal impact on state or local government entities.
This bill takes effect July 1, 2026.
II. Present Situation:
Florida Prompt Payment Act
Florida law has several “Prompt Payment Acts” regulating various aspects of payments
connected to construction projects and services. Part VII of ch. 218, F.S., addresses payment for
local government construction projects. Chapter 255, F.S., governs payments connected to state
BILL: CS/SB 1080 Page 2
agency construction projects, and payments for private construction projects are regulated in chs.
713 and 715, F.S.
Prompt Payment Act for State Construction Projects
Sections 255.0705 - 255.078, F.S., are known as the Florida Prompt Payment Act. This act
governs the timely payment for construction services by the state or any agency thereof (public
entity).1 This act also governs payments made by contractors to subcontractors and suppliers
when the construction services are in connection with a public entity construction project.
Payment Deadline for Public Entity to Contractor
For public entities contracting with a prime contractor, the public entity must submit the
contractor’s request to the Chief Financial Officer within 14 days of receiving the payment
application.2 If a public entity disputes a portion of a payment request, the undisputed portion
must be paid by the date required under the contract or by 20 business days after receipt of the
request, whichever is earlier.3
When a contractor receives payment from a public entity for labor, services, or materials
furnished by subcontractors and suppliers hired by the contractor, the contractor is required to
remit payment due to those subcontractors and suppliers within 10 days after the contractor’s
receipt of payment.4 When a subcontractor receives payment from a contractor for labor,
services, or materials furnished by subcontractors and suppliers hired by the subcontractor, the
subcontractor is required to remit payment due to those subcontractors and suppliers within 7
days after the subcontractor’s receipt of payment.5
Penalties for Late Payment
All payments due for the purchase of construction services under the Florida Prompt Payment
Act and wrongfully withheld by a public entity or prime contractor bear statutorily imposed
interest at the rate of 2 percent per month.6
Florida Department of Transportation Contracting Authority
Section 337.11, F.S., authorizes the Florida Department of Transportation (FDOT) to enter into
contracts for the construction and maintenance of roads and related facilities under its
jurisdiction.7
1
Section 255.072, F.S., defines “public entity” to mean the state, or any office, board, bureau, commission, department,
branch, division, or institution thereof, but does not include a local governmental entity as defined in s. 218.72, F.S.
2
Section 255.074, F.S.
3
Section 255.073(2), F.S.
4
Section 255.073(3), F.S.
5
Id. A contractor or subcontractor is still permitted to dispute, pursuant to the terms of the relevant contract, all or any
portion of a payment alleged to be due to another party if the contractor or subcontractor notifies the party whose payment is
disputed, in writing, of the amount in dispute and the actions required to cure the dispute. The contractor or subcontractor
must pay all undisputed amounts due within the time limits imposed by this subsection.
6
Section 255.073(4), F.S.
7
Section 337.11(1), F.S.
BILL: CS/SB 1080 Page 3
Every contract let by the FDOT for the performance of work must require the prime contractor,
before receiving any progress payment under such contract, to certify that the prime contractor
has disbursed to all of its subcontractors and suppliers their pro rata shares of the payment out of
previous progress payments received by the prime contractor for all work completed and
materials furnished in the previous period,8 as FDOT approved payment.9 The FDOT may not
make any such progress payment before receiving such certification, unless the contractor
demonstrates good cause for not making any such required payment and furnishes written
notification of any such good cause to both the FDOT and the affected subcontractors and
suppliers.10
Every contract let by the FDOT for the performance of work must require the prime contractor,
within 30 days of receipt of the final progress payment or any other payments received thereafter
except the final payment, to pay all of its subcontractors and suppliers their pro rata shares of the
payment for all work completed and materials furnished, unless the contractor demonstrates
good cause for not making any such required payment and furnishes written notification of any
such good cause to both the FDOT and the affected subcontractors or suppliers within such 30-
day period.11
Surety Bonds for FDOT’s Construction and Maintenance Contracts
Section 337.18, F.S., requires a surety bond of the successful bidder in an amount equal to the
awarded contract price for a FDOT contract. However, in limited circumstances, the FDOT has
the discretion to authorize phased bonding or waive all or a portion of the bond requirement.12
The FDOT’s contracts must provide for the determination of default on the part of any contractor
for cause attributable to such contractor. The FDOT is not liable for anticipated profits for
unfinished work on a contract which it has determined to be in default.13
FDOT Certificate of Qualification
Section 337.14, F.S., requires the FDOT to prequalify any contractor wishing to bid on a contract
in excess of $250,000. Rule 14-22, F.A.C., provides the FDOT’s rules regarding obtaining a
certificate of qualification.
III. Effect of Proposed Changes:
Section 1 amends s. 337.11, F.S. to require the FDOT to adopt rules establishing circumstances
under which it may make direct payments to first-tier subcontractors. Such circumstances must
include all of the following:
• The contractor has not requested payment from the FDOT in the past six months.
8
Section 337.11(11)(a), F.S. This is less any retainage withheld by the prime contractor pursuant to an agreement with a
subcontractor.
9
Id.
10
Id.
11
Section 337.11(11)(b), F.S.
12
Section 337.18(1)(a), F.S.
13
Section 337.18(2), F.S.
BILL: CS/SB 1080 Page 4
• There is a binding, written subcontract between the contractor and the subcontractor, and the
FDOT is in possession of a complete copy of the contract.
• The subcontractor has performed work that is unpaid by the subcontractor, and the FDOT has
sufficient documentation of such unpaid work.
• There is no bona fide, documented dispute between the contractor and the subcontractor.
The amounts the FDOT pays to the subcontractor must be deducted from amounts otherwise due
to the contractor.
Section 2 amends s. 337.18, F.S., to provide that if, due to a default by the contractor, the FDOT
and the surety enter into a takeover agreement such agreement must require the surety’s
completion contractor to meet the certification of qualification requirements in the original
contract’s bid solicitation. The bill also requires the surety to follow the contract’s procedures
regarding the certification of disbursement of payment to subcontractors.
Section 3 provides that this bill takes effect July 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
BILL: CS/SB 1080 Page 5
B. Private Sector Impact:
The FDOT’s rules specifying circumstances under which it may directly pay
subcontractors may have a positive fiscal impact on such subcontractors. However, the
fiscal impact is indeterminate.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 337.11 and 337.18.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on January 20, 2026:
The committee substitute:
• Requires FDOT to adopt rules regarding the circumstances under which it may
directly pay first-tier subcontractors; and
• Requires the completion contractor in a takeover agreement to meet the same
certification of qualification requirements as in the original contract’s bid solicitation.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 CS for SB 1080 Florida Senate - 2026 CS for SB 1080
By the Committee on Transportation; and Senator DiCeglie
596-02021-26 20261080c1 596-02021-26 20261080c1
1 A bill to be entitled 30 contractor and the subcontractor, and the department is in
2 An act relating to transportation; amending s. 337.11, 31 possession of a complete copy of the subcontract.
3 F.S.; requiring the Department of Transportation to 32 c. The subcontractor has performed work that is unpaid by
4 adopt rules establishing circumstances under which it 33 the contractor, and the department has sufficient documentation
5 may make direct payments to a first-tier 34 of such unpaid work.
6 subcontractor; requiring that amounts paid to such 35 d. There is no bona fide, documented dispute between the
7 subcontractor be deducted from amounts otherwise due 36 contractor and the subcontractor.
8 to the contractor; amending s. 337.18, F.S.; requiring 37 2. Amounts paid by the department pursuant to rules adopted
9 that a takeover agreement between the department and a 38 under this paragraph must be deducted from amounts otherwise due
10 surety require the surety’s completion contractor to 39 to the contractor.
11 meet certain requirements and follow certain contract 40 Section 2. Present subsection (6) of section 337.18,
12 procedures; providing an effective date. 41 Florida Statutes, is redesignated as subsection (7), and a new
13 42 subsection (6) is added to that section, to read:
14 Be It Enacted by the Legislature of the State of Florida: 43 337.18 Surety bonds for construction or maintenance
15 44 contracts; requirement with respect to contract award; bond
16 Section 1. Paragraph (d) is added to subsection (11) of 45 requirements; defaults; damage assessments.—
17 section 337.11, Florida Statutes, to read: 46 (6) If, due to a default by the contractor, the department
18 337.11 Contracting authority of department; bids; emergency 47 and the surety enter into a takeover agreement, such agreement
19 repairs, supplemental agreements, and change orders; combined 48 must require the surety’s completion contractor to meet the
20 design and construction contracts; progress payments; records; 49 certification of qualification requirements of the original
21 requirements of vehicle registration.— 50 contract bid solicitation and follow the contract’s procedures
22 (11) 51 regarding certification of disbursement of payment to
23 (d)1. The department shall adopt rules establishing 52 subcontractors.
24 circumstances under which it may make direct payments to a 53 Section 3. This act shall take effect July 1, 2026.
25 first-tier subcontractor. Such circumstances must include all of
26 the following:
27 a. The contractor has not requested payment from the
28 department in the past 6 months.
29 b. There is a binding, written subcontract between the
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1112
INTRODUCER: Senator Garcia
SUBJECT: Labor Pool Act
DATE: January 27, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Favorable
2. ATD
3. FP
I. Summary:
SB 1112 alters the Florida Labor Pool Act by:
• Prohibiting labor pools from charging third-party users a placement fee if a third-party user
directly employs a laborer for work;
• Requiring labor pools in the state to register annually with the Department of Commerce
(department); and
• Allowing courts to award attorney fees and costs to the prevailing party for legal proceedings
brought under the Labor Pool Act.
The bill takes effect July 1, 2026.
II. Present Situation:
Labor Pool Act
Florida’s Labor Pool Act (the act), ss. 448.20-448.26, F.S., provides for the health, safety, and
well-being of day laborers throughout the state and outlines uniform standards of conduct and
practice for labor pools. Under the act, a labor pool is defined as “business entity1 that operates a
labor hall2 by one or more of the following methods:
• Contracting with third-party users3 to supply day laborers4 to them on a temporary basis.
1
“Business entity” means any individual, corporation, business partnership, firm, institution, or association. Section
448.22(4), F.S.
2
“Labor hall” means a central location maintained by a labor pool where day laborers assemble and are dispatched to work
for a third-party user. Section 448.22(3), F.S.
3
“Third-party user” means a business entity that uses the services of a day laborer provided by a labor pool. Section
448.22(5), F.S.
4
“Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not
longer than the time period required to complete the temporary assignment for which the individual worker was hired,
although an individual may be eligible for additional temporary assignments when available. Section 448.22(2), F.S.
BILL: SB 1112 Page 2
• Hiring, employing, recruiting, or contracting with workers to fulfill these temporary labor
contracts for day labor.
• Fulfilling any contracts for day labor in accordance with this subsection, even if the entity
also conducts other business.5
Exceptions
The act does not apply to the following types of businesses:
• Business entities duly registered as farm labor contractors pursuant to part III of ch. 450, F.S;
• Employee leasing companies,6 as defined in s. 468.520, F.S.;
• Temporary help services engaged in supplying solely white collar employees, secretarial
employees, clerical employees, or skilled laborers;
• Labor union hiring halls; or
• Labor bureau or employment offices operated by a business entity for the sole purpose of
employing an individual for its own use. 7
Prohibitions
The act prohibits labor pools from:8
• Charging a day laborer:
o For safety equipment, clothing, accessories, or any other items required by the nature of
the work;
o More than a reasonable amount to transport a worker to or from the designated worksite;
or
o For directly or indirectly cashing a worker’s check.
• Requesting or requiring that any day laborer sign any document waiving statutory
protections.
• Charging more than the actual cost of providing lunch, if the labor pool provides lunch at the
worksite.9
• Restricting a day laborer’s right to accept a permanent position with a third-party user to
whom the laborer is referred for temporary work, or to restrict the right of a third-party user
to offer employment to an employee of the labor pool.10
Requirements
The act requires labor pools to:
• Provide the following facilities for a worker waiting at a labor hall for a job assignment:11
o Restroom facilities;
o Drinking water; and
o Sufficient seating.
5
Section 448.22(1), F.S.
6
“Employee Leasing Company” means a sole proprietorship, partnership, corporation, or other form of business entity
engaged in employee leasing.
7
Section 448.23, F.S.
8
Section 448.24(1), F.S.
9
Section 448.24(4), F.S.
10
Section 448.24(6), F.S.
11
Section 448.24(5), F.S.
BILL: SB 1112 Page 3
• Select one of the following methods to pay a day laborer for work performed:12
o Cash;
o Commonly accepted negotiable instruments that are payable in cash, on demand at a
financial institution, and without discount;
o Payroll debit card; or
o Electronic fund transfer.
• Notify a day laborer of the payment method that the labor pool intends to use and the day
laborer’s options to elect a different payment method.13
• If selecting to pay a day laborer by payroll debit card:14
o Offer the day laborer the option to elect payment by electronic fund transfer; and
o Provide the day laborer with a list, including the address, of a nearby business that does
not charge a fee to withdraw the debit card’s contents.
• Compensate day laborers at or above the minimum wage.15
• Comply with the Workers’ Compensation Law in ch. 440, F.S.16
• Insure any motor vehicle owned or operated by the labor pool and used for worker
transportation.17
• Furnish each worker with a written itemized statement showing in detail each wage
deduction.
• Give each worker an annual earnings statement summary.18
Remedies
Under the act, any worker affected by a violation of the provisions relating to labor pool duties
and obligations may file a lawsuit against the labor pool. In any such lawsuit, the worker is
required to give the labor pool a reasonable opportunity to cure the alleged violation within 60
days. Workers are authorized to recover actual and consequential damages, or $1,000, whichever
is greater, for each violation, and costs. The legal remedy:
• Must be filed within 1 year after the date the notice of an alleged violation is served; and
• Is exclusive and prohibits the worker from pursuing any other available legal remedy.19
Registration of Businesses
Business entities that seek to operate and transact business in Florida must first register with the
Department of State (DOS). Such entities may register as a Limited Liability Company,20 a
corporation,21 or a Limited Partnership.22 Typically, this registration includes the name of the
business, the street and mailing address of the designated/principal office and registered agent,
12
Section 448.24(2), F.S.
13
Id.
14
Id.
15
Id. As of September 2025, the Florida minimum wage is $14.00 per hour. U.S. DEPT. OF LABOR, State Minimum Wage
Laws, available at https://www.dol.gov/agencies/whd/minimum-wage/state (last visited Jan. 27, 2026).
16
Id.
17
Id.
18
Id.
19
Section 448.25, F.S.
20
See s. 605.0201, F.S.
21
See s. 607.0202, F.S.
22
See s. 620.1201, F.S.
BILL: SB 1112 Page 4
and information about the partners/incorporators/managers/members.23 As labor pools are
business entities, they must comply with relevant statutory requirements for registration and
annual filing with DOS. If a business fails to register with DOS, either the Department of Legal
Affairs or the Attorney General, depending on the type of business entity, may bring legal action
to prevent the company from transacting business in Florida.24
III. Effect of Proposed Changes:
The bill amends s. 448.24, F.S., to prohibit labor pools from charging a placement fee when a
third-party user directly hires a laborer for work.
The bill adds subsection (8) to require labor pools located, operating, or transacting business in
Florida to register annually with the department. The bill gives the department rulemaking
authority to implement this subsection.
Last, the bill allows courts to award attorney fees and costs to the winning party of a legal
proceeding brought for a violation of the act.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
23
See ss. 605.0201, 607.0202, 620.1201, F.S.
24
See ss. 605.0913, 607.1523, 620.1908, F.S.
BILL: SB 1112 Page 5
B. Private Sector Impact:
Indeterminate. If more third-party users directly hire workers, then labor pools may see
reduced funds due to fewer placement fees.
C. Government Sector Impact:
Indeterminate. The department may have increased expenditures to register labor pools.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 448.24, 448.25.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 1112 Florida Senate - 2026 SB 1112
By Senator Garcia
36-00659A-26 20261112__ 36-00659A-26 20261112__
1 A bill to be entitled 30 implement this subsection.
2 An act relating to the Labor Pool Act; amending s. 31 Section 2. Subsection (4) is added to section 448.25,
3 448.24, F.S.; prohibiting a labor pool from charging a 32 Florida Statutes, to read:
4 certain fee to a third-party user if such user 33 448.25 Remedies; damages; costs.—
5 directly employs a laborer for work; requiring a labor 34 (4) In addition to any damages awarded for an action
6 pool to register annually with the Department of 35 brought pursuant to this section, the court shall award
7 Commerce; authorizing the department to adopt rules; 36 reasonable attorney fees and costs to the prevailing party.
8 amending s. 448.25, F.S.; revising the remedies, 37 Section 3. This act shall take effect July 1, 2026.
9 damages, and costs a court may award the prevailing
10 party in certain actions; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (6) of section 448.24, Florida
15 Statutes, is amended, and subsection (8) is added to that
16 section, to read:
17 448.24 Duties and rights.—
18 (6) A No labor pool may not shall restrict the right of a
19 day laborer to accept a permanent position with a third-party
20 user to whom the laborer is referred for temporary work, or to
21 restrict the right of such a third-party user to offer such
22 employment to an employee of the labor pool. If a third-party
23 user directly employs a laborer for work, a labor pool may not
24 charge the third-party user a placement fee However, nothing
25 shall restrict the labor pool from receiving a reasonable
26 placement fee from the third-party user.
27 (8) A labor pool that is located, operates, or transacts
28 business in this state shall register annually with the
29 Department of Commerce. The department may adopt rules to
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: January 13, 2026
I respectfully request that Senate Bill #1112, relating to Labor Pool Act, be placed on the:
[] committee agenda at your earliest possible convenience.
D next committee agenda.
y #
t
}-
Senator Ileana Garcia
Florida Senate, District 36
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BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1324
INTRODUCER: Senator McClain
SUBJECT: Principal Offices of Limited Liability Companies and Corporations
DATE: January 27, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Pre-meeting
2. JU
3. RC
I. Summary:
SB 1324 amends Florida’s Revised Limited Liability Company Act (LLC Act) and the Florida
Business Corporation Act (FBCA) to include a registered agent’s address in the definition of a
business’s “principal office” and require registered agents to add the registered address to their
statement of acceptance.
The bill takes effect on July 1, 2026.
II. Present Situation:
Florida’s Revised Limited Liability Company Act
Florida’s LLC Act, ss. 605.0101-605.2802, F.S., governs the internal affairs and liabilities of
Limited Liability Companies in the state. An LLC can be organized for any lawful purpose and
is created by naming the business, designating a registered agent, and filing articles of
organization with the Department of State (department).1 Every LLC must designate a registered
agent, who must be:
• An individual who resides in this state and whose business address is identical to the address
of the registered office;
• Another domestic entity that is an authorized entity and whose business address is identical
to the address of the registered office; or
• A foreign entity authorized to transact business in this state that is an authorized entity and
whose business address is identical to the address of the registered office.2
1
Section 605.0201, F.S.
2
Section 605.0113(1)(b), F.S.
BILL: SB 1324 Page 2
The registered agent must file a statement of acceptance with the department, which states the
registered agent is familiar with and accepts the obligations of the position.3 The LLC’s articles
of organization must include the agent’s written acceptance and the street and mailing address of
the company’s principal office.4 Currently, the principal office is defined as “the principal
executive office of a limited liability company or foreign limited liability company, regardless of
whether the office is located in this state.”5
Florida Business Corporation Act
The FBCA, ss. 607.001-607.414, F.S., governs the internal affairs and liabilities of corporations
created in Florida. Corporations that seek to transact business in Florida must file articles of
incorporation with the department.6 Among other information, the articles of incorporation must
include:
• The street address of the initial principal office and, if different, the mailing address of the
corporation; and
• The street address of the corporation's initial registered office and the name of its initial
registered agent at that office together with a written acceptance as required in s.
607.0501(3), F.S.7
Identical to the requirements for an LLC, the registered agent of a corporation must be:
• An individual who resides in this state whose business address is identical to the address of
the registered office;
• Another domestic entity that is an authorized entity and whose business address is identical
to the address of the registered office; or
• A foreign entity authorized to transact business in this state which is an authorized entity and
whose business address is identical to the address of the registered office.8
The registered agent must file a statement of acceptance with the department, which states the
registered agent is familiar with and accepts the obligations of the position.9
Further, the FBCA defines a principal office to mean “the office (in or out of this state) where
the principal executive offices of a domestic or foreign corporation are located as designated in
the articles of incorporation or other initial filing until an annual report has been filed, and
thereafter as designated in the annual report.”10
3
Section 605.0113(2), F.S.
4
Section 605.0201(2), F.S.
5
Section 605.0102(54), F.S.
6
See section 607.0202, F.S.
7
Id.
8
Section 607.01401(57), F.S.
9
Section 605.0501, F.S.
10
Id.
BILL: SB 1324 Page 3
III. Effect of Proposed Changes:
Sections 1-2 amend ss. 605.0102 and 607.01401, F.S., to include a registered agent’s address in
the definition of the “principal office” for an LLC or corporation.
Sections 3-4 amend ss. 605.0113 and 607.0501, F.S., providing that a registered agent must
include the address of the registered office in their statement of acceptance.
Sections 5-8 reenact ss. 605.0114, 605.0203, 607.0202, and 607.0502, F.S., to incorporate the
amendments made by this bill.
Section 9 sets forth an effective date of July 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
BILL: SB 1324 Page 4
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 605.0102,
607.01401, 605.0113, 607.0501, 605.0114, 605.0203, 607.0202, 607.0502.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 1324 Florida Senate - 2026 SB 1324
By Senator McClain
9-01096-26 20261324__ 9-01096-26 20261324__
1 A bill to be entitled 30 with the department pursuant to s. 605.0113(2).
2 An act relating to the principal offices of limited 31 Section 2. Subsection (57) of section 607.01401, Florida
3 liability companies and corporations; amending ss. 32 Statutes, is amended to read:
4 605.0102 and 607.01401, F.S.; revising the definition 33 607.01401 Definitions.—As used in this chapter, unless the
5 of the term “principal office”; amending ss. 605.0113 34 context otherwise requires, the term:
6 and 607.0501, F.S.; conforming provisions to changes 35 (57) “Principal office” means:
7 made by the act; reenacting ss. 605.0114(2) and 36 (a) The office, whether inside (in or outside out of this
8 605.0203(1)(b) and (e), F.S., relating to change of 37 state,) where the principal executive offices of a domestic or
9 registered agent or registered office and the signing 38 foreign corporation are located as designated in the articles of
10 of records to be delivered for filing to the 39 incorporation or other initial filing until an annual report has
11 Department of State, respectively, to incorporate the 40 been filed, and thereafter as designated in the annual report;
12 amendment made to s. 605.0113, F.S., in references 41 or
13 thereto; reenacting ss. 607.0202(1) and 607.0502(2), 42 (b) The registered office’s address filed with the
14 F.S., relating to the content of the articles of 43 department pursuant to s. 607.0501(3).
15 incorporation and the change of registered office or 44 Section 3. Subsection (2) of section 605.0113, Florida
16 registered agent, respectively, to incorporate the 45 Statutes, is amended to read:
17 amendment made to s. 607.0501, F.S., in references 46 605.0113 Registered agent.—
18 thereto; providing an effective date. 47 (2) Each initial registered agent, and each successor
19 48 registered agent that is appointed, shall file a statement in
20 Be It Enacted by the Legislature of the State of Florida: 49 writing with the department, in the form and manner prescribed
21 50 by the department, accepting the appointment as registered agent
22 Section 1. Subsection (54) of section 605.0102, Florida 51 while simultaneously being designated as the registered agent.
23 Statutes, is amended to read: 52 The statement of acceptance must provide the address of the
24 605.0102 Definitions.—As used in this chapter, the term: 53 registered office and that the registered agent is familiar with
25 (54) “Principal office” means: 54 and accepts the obligations of that position.
26 (a) The principal executive office of a limited liability 55 Section 4. Subsection (3) of section 607.0501, Florida
27 company or foreign limited liability company, regardless of 56 Statutes, is amended to read:
28 whether the office is located in this state; or 57 607.0501 Registered office and registered agent.—
29 (b) The registered address of the registered agent filed 58 (3) Each initial registered agent, and each successor
Page 1 of 5 Page 2 of 5
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 1324 Florida Senate - 2026 SB 1324
9-01096-26 20261324__ 9-01096-26 20261324__
59 registered agent that is appointed, shall file a statement in 88 (e) A record changing the registered agent must also
60 writing with the department, in the form and manner prescribed 89 include or be accompanied by a statement signed by the successor
61 by the department, accepting the appointment as registered agent 90 registered agent in the form described in s. 605.0113(2).
62 while simultaneously being designated as the registered agent. 91 Section 7. For the purpose of incorporating the amendment
63 The statement of acceptance must provide the address of the 92 made by this act to section 607.0501, Florida Statutes, in a
64 registered office and that the registered agent is familiar 93 reference thereto, subsection (1) of section 607.0202, Florida
65 with, and accepts, the obligations of that position. 94 Statutes, is reenacted to read:
66 Section 5. For the purpose of incorporating the amendment 95 607.0202 Articles of incorporation; content.—
67 made by this act to section 605.0113, Florida Statutes, in a 96 (1) The articles of incorporation must set forth:
68 reference thereto, subsection (2) of section 605.0114, Florida 97 (a) A corporate name for the corporation that satisfies the
69 Statutes, is reenacted to read: 98 requirements of s. 607.0401;
70 605.0114 Change of registered agent or registered office.— 99 (b) The street address of the initial principal office and,
71 (2) If the registered agent is changed, the written 100 if different, the mailing address of the corporation;
72 acceptance of the successor registered agent described in s. 101 (c) The number of shares the corporation is authorized to
73 605.0113(2) must also be included in or attached to the 102 issue;
74 statement of change. 103 (d) The street address of the corporation’s initial
75 Section 6. For the purpose of incorporating the amendment 104 registered office and the name of its initial registered agent
76 made by this act to section 605.0113, Florida Statutes, in 105 at that office together with a written acceptance as required in
77 references thereto, paragraphs (b) and (e) of subsection (1) of 106 s. 607.0501(3); and
78 section 605.0203, Florida Statutes, are reenacted to read: 107 (e) The name and address of each incorporator.
79 605.0203 Signing of records to be delivered for filing to 108 Section 8. For the purpose of incorporating the amendment
80 department.— 109 made by this act to section 607.0501, Florida Statutes, in a
81 (1) A record delivered to the department for filing 110 reference thereto, subsection (2) of section 607.0502, Florida
82 pursuant to this chapter must be signed as follows: 111 Statutes, is reenacted to read:
83 (b) A company’s initial articles of organization must be 112 607.0502 Change of registered office or registered agent.—
84 signed by at least one person acting as an authorized 113 (2) If the registered agent is changed, the written
85 representative. The articles of organization must also include 114 acceptance of the successor registered agent described in s.
86 or have attached a statement signed by the company’s initial 115 607.0501(3) must also be included in or attached to the
87 registered agent in the form described in s. 605.0113(2). 116 statement of change.
Page 3 of 5 Page 4 of 5
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Florida Senate - 2026 SB 1324
9-01096-26 20261324__
117 Section 9. This act shall take effect July 1, 2026.
Page 5 of 5
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1338
INTRODUCER: Senator Burton
SUBJECT: Charitable Giving
DATE: January 27, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. JU
3. RC
I. Summary:
SB 1338 creates the “Safeguarding Endowment Gifts Act,” which provides legal recourse to
individual charitable donors when their giving restrictions are not followed by a recipient
charitable organization according to an endowment agreement.
Additionally, the bill creates the “Charity Protection Act,” which prohibits a state agency or state
official from imposing any annual filing or reporting requirements on an organization regulated
or specifically exempted from regulation under ch. 496, F.S., which are more burdensome than
the requirements authorized by Florida law.
The bill provides an effective date of July 1, 2026.
II. Present Situation:
The Solicitation of Contributions Act (SCA)
In Florida, the solicitation of contributions by charitable organizations and sponsors is regulated
by the Solicitation of Contributions Act (the SCA).1 The SCA contains basic registration,
financial disclosure, notification requirements, and recordkeeping requirements for charitable
organizations and sponsors, fundraising consultants, and solicitors.2
1
Chapter 496, F.S. The majority of the provisions in the SCA “do not apply to bona fide religious institutions, educational
instructions, and state agencies or other government entities or persons or organizations who solicit or act as professional
fundraising consultants solely on their behalf, or to blood establishments as defined in s. 381.06014(1)(a), F.S.” Section
496.403, F.S. Nor do the majority of the provisions in the SCA apply to political contributions solicited in accordance with
election laws. Id.
2
Id.
BILL: SB 1338 Page 2
Charitable Organizations and Sponsors
Currently, under s. 495.405, F.S., any charitable organization3 or sponsor4 that intends to solicit5
donations in Florida must annually register with the Department of Agriculture and Consumer
Services (DACS) and pay a registration fee before soliciting donations.6
Registration includes a financial report, a statement of the purpose of the charity, how donations
will be used, names of individuals in charge of solicitation activities, and proof of federal tax
exempt status.7 The charity must also identify any professional solicitors and fundraising
consultants the charity will use, along with the terms of the arrangements for compensation to be
paid to the consultant and solicitor.8 Additionally, the registration must include a statement
related to the charity’s activities in other states, including whether the charity is authorized to
operate in another state; whether the charity’s registration has been denied, suspended, or
revoked in another state; and whether the charity or any person associated with the charity has
been subject to any adverse administrative actions or criminal convictions in any state.9
Registration Fee
Every charitable organization, sponsor, or parent organization filing on behalf of one or more
chapters, branches, or affiliates that is required to register must pay a single registration fee. A
3
Section 496.404(1), F.S., defines “charitable organization” as a person who is or holds herself or himself out to be
established for any benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy,
public health, environmental conservation, civic, or other eleemosynary purpose, or a person who in any manner employs a
charitable appeal as the basis for any solicitation or an appeal that suggests that there is a charitable purpose to any
solicitation. The term includes a chapter, branch, area office, or similar affiliate soliciting contributions within the state for a
charitable organization that has its principal place of business outside of Florida.
4
Section 496.404(27), F.S., defines “sponsor” as a group or person who is or holds herself or himself out to be soliciting
contributions by the use of a name that implies that the group or person is in any way affiliated with or organized for the
benefit of emergency service employees or law enforcement officers and the group or person is not a charitable organization.
The term includes a chapter, branch, or affiliate that has its principal place of business outside of Florida if such chapter,
branch, or affiliate solicits or holds itself out to be soliciting contributions in Florida.
5
Section 496.404(26), F.S., defines “solicitation” as a request, directly or indirectly, for money, property, financial
assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other
thing of value or a portion of it will be used for a charitable or sponsor purpose or will benefit a charitable organization or
sponsor. The term includes, but is not limited to, the following methods of requesting or securing the promise, pledge, or
grant of money, property, financial assistance, or any other thing of value: (a) making any oral or written request; (b) making
any announcement to the press, on radio or television, by telephone or telegraph, or by any other communication device
concerning an appeal or campaign by or for any charitable organization or sponsor or for any charitable or sponsor purpose;
(c) distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication that directly or by
implication seeks to obtain any contribution; or selling or offering or attempting to sell any advertisement, advertising space,
book, card, coupon, chance, device, magazine, membership, merchandise, subscription, sponsorship, flower, admission,
ticket, food, or other service or tangible good, item, or thing of value, or any right of any description in connection with
which any appeal is made for any charitable organization or sponsor or charitable or sponsor purpose, or when the name of
any charitable organization or sponsor is used or referred to in any such appeal as an inducement or reason for making the
sale or when, in connection with the sale or offer or attempt to sell, any statement is made that all or part of the proceeds from
the sale will be used for any charitable or sponsor purpose or will benefit any charitable organization or sponsor.
6
Section 496.405(1), F.S. A solicitation is considered as having taken place regardless of whether the person making the
solicitation receives any contribution. A solicitation does not occur when a person applies for a grant or an award to the
government or to an organization that is exempt from federal income taxation under s. 501(a) of the Internal Revenue Code
and described in s. 501(c) of the Internal Revenue Code and is duly registered.
7
Section 496.405(2), F.S.
8
Id.
9
Id.
BILL: SB 1338 Page 3
parent organization filing on behalf of one or more chapters, branches, or affiliates must total all
contributions received by the chapters, branches, or affiliates included in the registration
statement to determine registration fees.10 Fees must be assessed as follows:
• Ten dollars, if the contributions received for the last fiscal or calendar year were less than
$5,000.
• Seventy-five dollars, if the contributions received for the last fiscal year were $5,000 or
more, but less than $100,000.
• One hundred twenty-five dollars, if the contributions received for the last fiscal year were
$100,000 or more, but less than $200,000.
• Two hundred dollars, if the contributions received for the last fiscal year were $200,000 or
more, but less than $500,000.
• Three hundred dollars, if the contributions received for the last fiscal year were $500,000 or
more, but less than $1 million.
• Three hundred fifty dollars, if the contributions received for the last fiscal year were $1
million or more, but less than $10 million.
• Four hundred dollars, if the contributions received for the last fiscal year were $10 million or
more.11
A charitable organization or sponsor that fails to file a registration statement by the due date may
be assessed an additional fee for such late filing. The late filing fee is $25 for each month or part
of a month after the date on which the annual renewal statement was due to be filed with the
DACS.12
All registration fees must be paid to the DACS and deposited into the General Inspection Trust
Fund.13
Registration Exemptions
The following charitable organizations and sponsors are exempt from the registration
requirements:
• A person who is soliciting for a named individual, provided that all the contributions
collected without any deductions whatsoever are turned over to the beneficiary for her or his
use and provided that the person has complied with the requirements of s. 496.413, F.S.14
• A charitable organization or sponsor that limits solicitation of contributions to the
membership of the charitable organization or sponsor. The term “membership” does not
include those persons who are granted a membership upon making a contribution as a result
of a solicitation.
• Any division, department, post, or chapter of a veterans’ service organization granted a
federal charter under Title 36, United States Code.
• A charitable organization or sponsor that has less than $50,000 in total contributions during a
fiscal year if the fundraising activities of such organization or sponsor are carried on by
10
Section 496.405(4)(a), F.S.
11
Id.
12
Section 496.405(4)(b), F.S.
13
Section 496.405(4)(c), F.S.
14
Section 496.413, F.S., is the section of law governing contributions solicited for or accepted on behalf of a named
individual.
BILL: SB 1338 Page 4
volunteers, members, or officers who are not compensated and no part of the assets or
income of such organization or sponsor inures to the benefit of or is paid to any officer or
member of such organization or sponsor or to any professional fundraising consultant,
professional solicitor, or commercial co-venturer. If a charitable organization or sponsor that
has less than $50,000 in total contributions during a fiscal year actually acquires total
contributions equal to or in excess of $50,000, the charitable organization or sponsor must
register with the DACS within 30 days after the date the contributions reach $50,000.15
The Florida Uniform Prudent Management of Institutional Funds Act (FUPMIFA)
The FUPMIFA governs how charitable institutions16 in Florida manage, invest, and spend donor
restricted endowment funds.17
The FUPMIFA provides that subject to the intent of a donor expressed in a gift instrument,18 an
institution, in managing and investing an institutional fund,19 must consider the charitable
purposes20 of the institution and the purposes of the institutional fund.21
Further, the FUPMIFA states that in addition to complying with the duty of loyalty imposed by
law other than in the FUPMIFA, each person22 responsible for managing and investing an
institutional fund is required to manage and invest the fund in good faith and with the care an
ordinarily prudent person in a like position would exercise under similar circumstances.23
In managing and investing an institutional fund, an institution may incur only costs that are
appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills
available to the institution, and an institution must make a reasonable effort to verify facts
relevant to the management and investment of the fund.
An institution is permitted to pool two or more institutional funds for purposes of management
and investment.
15
Section 496.406(1)(d), F.S.
16
Section 617.2104(1)(d), F.S., defines “institution” as a person organized and operated exclusively for charitable purposes,
other than: (a) an individual; or (b) a trust subject to s. 518.11, F.S.; a government or governmental subdivision, agency, or
instrumentality to the extent that it holds funds exclusively for a charitable purpose; or a trust that had both charitable and
noncharitable interests after all noncharitable interests have been terminated if the trust is not subject to s. 518.11, F.S.
17
See s. 617.2104, F.S.
18
Section 617.2104(2)(c), F.S., defines “gift instrument” as a record or records, including an institutional solicitation, under
which property is granted to, transferred to, or held by an institution as an institutional fund.
19
Section 617.2104(2)(e), F.S., defines “institutional fund” as a fund held by an institution exclusively for charitable
purposes. The term does not include: (1) program-related assets; (2) a fund held for an institution by a trustee that is not an
institution; (3) a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise
upon violation or failure of the purposes of the fund; or (4) a fund managed or administered by the State Board of
Administration pursuant to its constitutional or statutory authority.
20
Section 617.2104(2)(a), F.S., defines “charitable purpose” as the relief of poverty, the advancement of education or
religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is
beneficial to the community.
21
Section 617.2104(3)(a), F.S.
22
Section 617.2104(2)(f), F.S., defines “person” as an individual, corporation, business trust, estate, trust, partnership, limited
liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or
instrumentality, or any other legal or commercial entity.
23
Section 617.2104(3)(b), F.S.
BILL: SB 1338 Page 5
Except as otherwise provided by a gift instrument, the following rules apply:
• In managing and investing an institutional fund, the following factors, if relevant, must be
considered:
o General economic conditions.
o The possible effect of inflation or deflation.
o The expected tax consequences, if any, of investment decisions or strategies.
o The role that each investment or course of action plays within the overall investment
portfolio of the fund.
o The expected total return from income and the appreciation of investments.
o Other resources of the institution.
o The needs of the institution and the fund to make distributions and to preserve capital.
o An asset’s special relationship or special value, if any, to the charitable purposes of the
institution.
• Management and investment decisions about an individual asset must be made not in
isolation but rather in the context of the institutional fund’s portfolio of investments as a
whole and as a part of an overall investment strategy having risk and return objectives
reasonably suited to the fund and to the institution.
• Except as otherwise provided by law other than the FUPMIFA, an institution may invest in
any kind of property or type of investment consistent with the FUPMIFA.
• An institution must diversify the investments of an institutional fund unless the institution
reasonably and prudently determines under the FUPMIFA that the purposes of the fund are
better served without diversification.
• Within a reasonable time after receiving property, an institution is required to make and carry
out decisions concerning the retention or disposition of the property or to rebalance a
portfolio in order to bring the institutional fund into compliance with the purposes, terms, and
distribution requirements of the institution as necessary to meet other circumstances of the
institution and the requirements of the FUPMIFA.
• A person that has special skills or expertise, or is selected in reliance upon the person’s
representation that the person has special skills or expertise, has a duty to use those skills or
that expertise in managing and investing institutional funds.
Additionally, the FUPMIFA provides that subject to the intent of a donor expressed in the gift
instrument, an institution may appropriate for expenditure or accumulate so much of an
endowment fund24 as the institution determines is prudent for the uses, benefits, purposes, and
duration for which the endowment fund is established. Unless stated otherwise in the gift
instrument, the assets in an endowment fund are donor-restricted assets until appropriated for
expenditure by the institution. In making a determination to appropriate or accumulate, the
institution must act in good faith with the care that an ordinarily prudent person in a like position
would exercise under similar circumstances and must consider, if relevant, the following factors:
• The duration and preservation of the endowment fund.
• The purposes of the institution and the endowment fund.
• General economic conditions.
24
Section 617.2104(2)(b), F.S., defines “endowment fund” as an institutional fund or part thereof that, under the terms of a
gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an
institution designates as an endowment fund for its own use.
BILL: SB 1338 Page 6
• The possible effect of inflation or deflation.
• The expected total return from income and the appreciation of investments.
• Other resources of the institution.
• The investment policy of the institution.25
To limit the authority to appropriate for expenditure or accumulate, a gift instrument must
specifically state the limitation.26
Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in
the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues, or profits,” or
“to preserve the principal intact,” or words of similar import:
• Create an endowment fund of permanent duration unless other language in the gift
instrument limits the duration or purpose of the fund.
• Do not otherwise limit the authority to appropriate for expenditure or accumulate.
The FUPMIFA also provides that if the donor consents in a record, an institution may release or
modify, in whole or in part, a restriction contained in a gift instrument on the management,
investment, or purpose of an institutional fund. A release or modification may not allow a fund to
be used for a purpose other than a charitable purpose of the institution.27
If consent of the donor in a record cannot be obtained by reason of the donor’s death, disability,
unavailability, or impossibility of identification, a governing board may modify a restriction
contained in a gift instrument regarding the management, investment, or use of an institutional
fund if the fund has a total value of $100,000 or less and the restriction has become impracticable
or wasteful; impairs the management, investment, or use of the fund; or if, because of
circumstances not anticipated by the donor, a modification of a restriction will further the
purposes of the fund.28
If an institution determines that a restriction contained in a gift instrument on the management,
investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve,
or wasteful, the institution, after providing written notice to the Attorney General, may release or
modify the restriction, in whole or part, if:
• The institutional fund subject to the restriction has a total value of at least $100,000 and not
more than $250,000;
• More than 20 years have elapsed since the fund was established; and
• The institution uses the property in a manner consistent with the charitable purposes
expressed in the gift instrument.29
The circuit court for the circuit in which an institution is located, upon application of that
institution, may modify a restriction contained in a gift instrument regarding the management or
investment of an institutional fund if the restriction has become impracticable or wasteful, if it
25
Section 617.2104(4)(a), F.S.
26
Section 617.2104(4)(b), F.S.
27
Section 617.2104(6)(a), F.S.
28
Section 617.2104(6)(b), F.S.
29
Section 617.2104(6)(c), F.S.
BILL: SB 1338 Page 7
impairs the management or investment of the fund, or if, because of circumstances not
anticipated by the donor, a modification of a restriction will further the purposes of the fund. The
institution must notify the Attorney General of the application. To the extent practicable, any
modification must be made in accordance with the donor’s probable intention.30
If a particular charitable purpose or a restriction contained in a gift instrument on the use of an
institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the
circuit court for the circuit in which an institution is located, upon application of that institution,
may modify the purpose of the fund or the restriction on the use of the fund in a manner
consistent with the charitable purposes expressed in the gift instrument. The institution must
notify the Attorney General of the application.31
III. Effect of Proposed Changes:
The Safeguarding Endowment Gifts Act
SB 1338 creates s. 496.432, F.S., to be entitled the “Safeguarding Endowment Gifts Act (Act).”
A legislative finding is provided that the Act is necessary to provide legal recourse to individual
charitable donors when their giving restrictions are not followed by a recipient charitable
organization according to an endowment agreement.
The bill creates the following definitions:
• “Charitable organization” means an organization organized and operated exclusively for
religious, charitable, scientific, literary, educational, testing for public safety or other
specified purpose and that is tax exempt from federal income tax as an entity described in s.
501(c)(3) of the Internal Revenue Code.
• “Donor” means an individual or entity that has made a contribution of property or money to
an existing endowment fund or a new endowment fund of a charitable organization or of a
charitable trust pursuant to the terms of an endowment agreement that may include donor-
imposed restrictions or conditions governing the use of the contribution.
• “Donor-imposed restriction” means a written statement within an endowment agreement
which specifies requirements for the management or use of endowment funds.
• “Endowment agreement” means a written agreement between a charitable organization and a
donor or between a charitable trust and a donor regarding the contribution made by the donor
and accepted by the charitable organization or the charitable trust, which agreement may
include donor-imposed restrictions or other conditions governing the use of the contribution.
• “Endowment fund” means an institutional fund or part thereof, which under the terms of a
gift instrument, is not wholly expendable by the institution on a current basis. The term does
not include assets that an institution designates as an endowment fund for its own use.
• “Gift instrument” means a record or records, including an institutional solicitation, under
which property is granted to, transferred to, or held by an institution as an institutional fund.
• “Legal representative” means the administrator or executor of a person’s estate; a surviving
spouse if a court judgement has settled the accounts of the estate; or a person designated in
an endowment agreement, whether or not born at the time of such designation, to act in place
30
Section 617.2104(6)(d), F.S.
31
Section 617.2104(6)(e), F.S.
BILL: SB 1338 Page 8
of a party to the agreement for all matters expressed in the agreement and all of the actions it
contemplates, including, but not limited to, interpreting, performing, and enforcing the
agreement and defending its validity.
• “Property” means real property, personal property, or money, cryptocurrency, stocks, bonds,
or any other asset or financial instrument.
Except where specifically required or authorized by federal or state law, a charitable organization
that accepts a contribution pursuant to a written donor-imposed restriction may not violate the
terms of that restriction without potential penalty.
If a charitable organization violates a donor-imposed restriction contained in an endowment
agreement, the donor, or the donor’s legal representative, 90 days after notifying the charitable
organization of the breach, may file a complaint within 6 years after discovery for breach of such
agreement. The complaint may be filed in a court of general jurisdiction in the county where a
charitable organization named as a party has its principal office or principal place of carrying out
its charitable purpose, or in a court of the United States whose district includes such county. The
complaint may be filed regardless of whether the endowment agreement expressly reserves a
right to sue or enforce the agreement, and it may not seek a judgement awarding damages to the
donor or donor representative.
If a charitable organization is unable to fulfill a term in the endowment agreement, the charitable
organization is required to notify the donor, or the donor’s legal representative, within 30 days
after discovering it is unable to fulfill the terms and offer an alternative solution that closely
matches the initial term in the endowment agreement.
A charitable organization may obtain a judicial declaration of the rights and duties expressed in
an endowment agreement containing donor restrictions as to all of the actions the endowment
agreement contemplates, including, but not limited to, the interpretation, performance, or
enforcement of the agreement, and a determination of its validity. However, the charitable
organization must seek a judicial declaration in any suit brought under the Act, or by filing a
complaint.
If the court determines that a charitable organization violated a donor-imposed restriction in an
endowment agreement, the court may order one or more remedies consistent with the charitable
purposes expressed in the endowment agreement. The court is prohibited from ordering the
return of the donated funds to the donor or the donor’s legal representative.
The bill clarifies that the Act does not do any of the following:
• Affect the authority of the Attorney General to enforce any restriction in an endowment
agreement;
• Limit the application of the judicial power of cy pres;32 or
32
Section 736.0413, F.S., authorizes courts to apply the doctrine of “cy pres” if a particular charitable purpose becomes
unlawful, impracticable, impossible to achieve or wasteful. The doctrine may be applied to modify or terminate the trust by
directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s
charitable purposes. The judicial doctrine of “cy pres” comes from the Old French “cy près comme possible,” meaning “as
near as possible.” See Christopher J. Ryan, Jr. (2023), An Historical and Empirical Analysis of the Cy- près Doctrine,
ACTEC Law Journal, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4176994 (last visited Jan. 27, 2026).
BILL: SB 1338 Page 9
• Alter the right of an institution to modify a restriction on the management, investment,
purpose, or use of an endowment fund in a manner permitted by the endowment agreement
and by the Florida Uniform Prudent Management of Institutional Funds Act.33
The bill provides that if any provision of the Act or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions or applications of the section which
can be given effect without the invalid provision or application, and to this end the provisions of
the Act are declared severable.
The Charity Protection Act
The bill also creates s. 496.433, F.S., which is entitled the “Charity Protection Act (CPA).” A
legislative finding is provided that the CPA is necessary to minimize burdens on the charitable
sector and to create a grantmaking environment centered on effectiveness and fiscal impact on
charitable organizations.
Except where specifically required or authorized by federal law, the CPA prohibits a state
agency or state official from imposing any annual filing or reporting requirements on an
organization regulated or specifically exempted from regulation under ch. 496, F.S., which are
more burdensome than the requirements authorized by Florida law.
The CPA does not apply to state grants or contracts or to fraud investigations, and it does not
restrict enforcement actions against specific nonprofit organizations.
The bill provides an effective date of July 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
33
Section 617.2104. F.S., is the Florida Uniform Prudent Management of Institutional Funds Act and provides a framework
for managing and investing institutional funds. The term “institutional fund” means a fund held by an institution exclusively
for charitable purposes, but the term does not include: (1) program related assets; (2) a fund held for an institution by a
trustee that is not an institution; (3) a fund in which a beneficiary that is not an institution has an interest, other than an
interest that could arise upon violation or failure of the purposes of the fund; or (4) a fund managed or administered by the
State Board of Administration pursuant to its constitutional statutory authority.
BILL: SB 1338 Page 10
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
If a charitable organization violates a donor-imposed restriction in an endowment
agreement, a donor (or the donor’s legal representative) may file a complaint, and the
court may order remedies consistent with the charitable purposes expressed in the
endowment agreement.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 496.432, 496.433.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 1338 Florida Senate - 2026 SB 1338
By Senator Burton
12-01082A-26 20261338__ 12-01082A-26 20261338__
1 A bill to be entitled 30 purposes expressed in the endowment agreement if the
2 An act relating to charitable giving; creating s. 31 court determines that a charitable organization
3 496.432, F.S.; providing legislative findings; 32 violated a donor-imposed restriction in the endowment
4 defining terms; prohibiting a charitable organization 33 agreement; prohibiting the court from ordering the
5 that accepts a contribution pursuant to a written 34 return of the donated funds to the donor or the
6 donor-imposed restriction from violating the terms of 35 donor’s legal representative; providing construction;
7 that restriction without potential penalty; 36 providing severability; creating s. 496.433, F.S.;
8 authorizing a donor, or a donor’s legal 37 providing legislative findings; prohibiting a state
9 representative, to file a complaint within a specified 38 agency or a state official from imposing any annual
10 timeframe if a charitable organization violates a 39 filing or reporting requirements on certain
11 donor-imposed restriction contained in an endowment 40 organizations regulated or exempted from regulation
12 agreement; specifying the venue where the complaint 41 under ch. 496, F.S., which are more burdensome than
13 may be filed; providing that the complaint may be 42 the requirements authorized by state law; providing
14 filed regardless of whether the endowment agreement 43 applicability and construction; providing an effective
15 expressly reserves a right to sue or enforce the 44 date.
16 agreement; prohibiting a donor or donor representative 45
17 from seeking a judgment awarding damages; requiring a 46 Be It Enacted by the Legislature of the State of Florida:
18 charitable organization to notify a donor, or a 47
19 donor’s legal representative, if it cannot fulfill a 48 Section 1. Section 496.432, Florida Statutes, is created to
20 term in the endowment agreement and offer the donor, 49 read:
21 or the donor’s legal representative, an alternative 50 496.432 Safeguarding Endowment Gifts Act.—
22 solution that closely matches the initial term in such 51 (1) LEGISLATIVE FINDINGS.—The Legislature finds that it is
23 endowment agreement; authorizing a charitable 52 necessary to provide legal recourse to individual charitable
24 organization to obtain a judicial declaration of the 53 donors when their giving restrictions are not followed by a
25 rights and duties expressed in an endowment agreement; 54 recipient charitable organization according to an endowment
26 requiring the charitable organization to seek a 55 agreement.
27 judicial declaration in any suit brought under the act 56 (2) DEFINITIONS.—As used in this section, the term:
28 or by filing a complaint; authorizing a court to order 57 (a) “Charitable organization” means an organization
29 one or more remedies consistent with the charitable 58 organized and operated exclusively for religious, charitable,
Page 1 of 6 Page 2 of 6
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 1338 Florida Senate - 2026 SB 1338
12-01082A-26 20261338__ 12-01082A-26 20261338__
59 scientific, literary, educational, testing for public safety or 88 executor of a person’s estate; a surviving spouse if a court
60 other specified purpose and that is tax exempt from federal 89 judgment has settled the accounts of the estate; or a person
61 income tax as an entity described in s. 501(c)(3) of the 90 designated in an endowment agreement, whether or not born at the
62 Internal Revenue Code. 91 time of such designation, to act in place of a party to the
63 (b) “Donor” means an individual or entity that has made a 92 agreement for all matters expressed in the agreement and all of
64 contribution of property or money to an existing endowment fund 93 the actions it contemplates, including, but not limited to,
65 or a new endowment fund of a charitable organization or of a 94 interpreting, performing, and enforcing the agreement and
66 charitable trust pursuant to the terms of an endowment agreement 95 defending its validity.
67 that may include donor-imposed restrictions or conditions 96 (h) “Property” means real property, personal property, or
68 governing the use of the contribution. 97 money, cryptocurrency, stocks, bonds, or any other asset or
69 (c) “Donor-imposed restriction” means a written statement 98 financial instrument.
70 within an endowment agreement which specifies requirements for 99 (3) PROTECTIONS AFFORDED.—
71 the management or use of endowment funds. 100 (a) Except where specifically required or authorized by
72 (d) “Endowment agreement” means a written agreement between 101 federal or state law, a charitable organization that accepts a
73 a charitable organization and a donor or between a charitable 102 contribution pursuant to a written donor-imposed restriction may
74 trust and a donor regarding the contribution made by the donor 103 not violate the terms of that restriction without potential
75 and accepted by the charitable organization or the charitable 104 penalty.
76 trust, which agreement may include donor-imposed restrictions or 105 (b) If a charitable organization violates a donor-imposed
77 other conditions governing the use of the contribution. 106 restriction contained in an endowment agreement, the donor, or
78 (e) “Endowment fund” means an institutional fund or part 107 the donor’s legal representative, 90 days after notifying the
79 thereof which, under the terms of a gift instrument, is not 108 charitable organization of the breach, may file a complaint
80 wholly expendable by the institution on a current basis. The 109 within 6 years after discovery for breach of such agreement. The
81 term does not include assets that an institution designates as 110 complaint may be filed in a court of general jurisdiction in the
82 an endowment fund for its own use. 111 county where a charitable organization named as a party has its
83 (f) “Gift instrument” means a record or records, including 112 principal office or principal place of carrying out its
84 an institutional solicitation, under which property is granted 113 charitable purpose, or in a court of the United States whose
85 to, transferred to, or held by an institution as an 114 district includes such county. The complaint may be filed
86 institutional fund. 115 regardless of whether the endowment agreement expressly reserves
87 (g) “Legal representative” means the administrator or 116 a right to sue or enforce the agreement, and it may not seek a
Page 3 of 6 Page 4 of 6
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 1338 Florida Senate - 2026 SB 1338
12-01082A-26 20261338__ 12-01082A-26 20261338__
117 judgment awarding damages to the donor or donor representative. 146 (4) SEVERABILITY.—If any provision of this section or its
118 (c) If a charitable organization is unable to fulfill a 147 application to any person or circumstance is held invalid, the
119 term in the endowment agreement, the charitable organization 148 invalidity does not affect other provisions or applications of
120 must notify the donor, or the donor’s legal representative, 149 the section which can be given effect without the invalid
121 within 30 days after discovering it is unable to fulfill the 150 provision or application, and to this end the provisions of this
122 terms and offer an alternative solution that closely matches the 151 section are declared severable.
123 initial term in the endowment agreement. 152 Section 2. Section 496.433, Florida Statutes, is created to
124 (d) A charitable organization may obtain a judicial 153 read:
125 declaration of the rights and duties expressed in an endowment 154 496.433 Charity Protection Act.—
126 agreement containing donor restrictions as to all of the actions 155 (1) LEGISLATIVE FINDINGS.—The Legislature finds that it is
127 the endowment agreement contemplates, including, but not limited 156 necessary to minimize burdens on the charitable sector and to
128 to, the interpretation, performance, or enforcement of the 157 create a grantmaking environment centered on effectiveness and
129 agreement, and a determination of its validity. The charitable 158 fiscal impact on charitable organizations.
130 organization shall seek a judicial declaration in any suit 159 (2) PROTECTIONS AFFORDED.—
131 brought under this section, or by filing a complaint. 160 (a) Except where specifically required or authorized by
132 (e) If the court determines that a charitable organization 161 federal law, a state agency or state official may not impose any
133 violated a donor-imposed restriction in an endowment agreement, 162 annual filing or reporting requirements on an organization
134 the court may order one or more remedies consistent with the 163 regulated or specifically exempted from regulation under this
135 charitable purposes expressed in the endowment agreement. The 164 chapter which are more burdensome than the requirements
136 court may not order the return of donated funds to the donor or 165 authorized by Florida law.
137 the donor’s legal representative. 166 (b) This subsection does not apply to state grants or
138 (f) This act does not affect the authority of the Attorney 167 contracts or to fraud investigations.
139 General to enforce any restriction in an endowment agreement; 168 (c) This subsection does not restrict enforcement actions
140 limit the application of the judicial power of cy pres; or alter 169 against specific nonprofit organizations.
141 the right of an institution to modify a restriction on the 170 Section 3. This act shall take effect July 1, 2026.
142 management, investment, purpose, or use of an endowment fund in
143 a manner permitted by the endowment agreement and by the Florida
144 Uniform Prudent Management of Institutional Funds Act created in
145 s. 617.2104.
Page 5 of 6 Page 6 of 6
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THE FLORIDA SENATE
COMMITTEES:
Tallahassee, Florida 32399-1100 Health Policy, Chair
Judiciary, Vice Chair
Agriculture
Appropriations Committee on Health and
Human Services
Banking and Insurance
Fiscal Policy
Rules
SENATOR COLLEEN BURTON
12th District
January 19", 2026
The Honorable Tom Leek
310 Senate Building
404 South Monroe Street
Tallahassee, FL 32399-1100
Chair Leek,
I respectfully request SB 1338 Charitable Giving; SB 1344 Companion Artificial Intelligence
Chatbots, and SB 1346 Public Records/Department of Legal Affairs/Artificial Intelligence
Violations be placed on the Commence and Tourism agenda at your earliest convenience.
Thank you for your consideration.
Regards,
C,uisst
Colleen Burton
CC: Todd McKay, Staff Director
Jennifer Renner, Deputy Staff Director
Renita Hayes, Committee Administrative Assistant
REPLY TO:
□ 1375 Havendale Boulevard, NW, Winter Haven, Florida 33881 (863) 413-1529
□ 408 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5012
Senate's Website: www.flsenate.gov
BEN ALBRITTON JASON BRODEUR
President of the Senate President Pro Tempore
The Florida Senate
1/28/2026 S81338
Meeting Date
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E ma 1
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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
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This form is part of the public record for this meeting. S-001 (08/10/2021)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1582
INTRODUCER: Commerce and Tourism Committee and Senator Yarborough
SUBJECT: Statewide Data Sharing of Secondhand Dealer and Pawnbroker Transactions
DATE: January 28, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. ACJ
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1582 requires all secondhand dealers, secondary metals recyclers, mail-in secondhand
precious metals dealers, and pawnbrokers to provide certain recordkeeping and transaction
information to the Florida Department of Law Enforcement (FDLE) for the purpose of statewide
data sharing.
Currently, this information is provided only to local law enforcement agencies, in part to assist
them in recovering stolen property and solving other theft-related crimes.
The bill may have an indeterminate fiscal impact on the FDLE for creating and storing the
statewide data.
The bill takes effect July 1, 2026.
BILL: CS/SB 1582 Page 2
II. Present Situation:
Secondhand Dealers
Chapter 538, F.S., regulates secondhand dealers and secondary metal recyclers in the trade of
secondhand goods. The purpose of such regulations is to assist law enforcement in recovering
stolen property and in solving other theft-related crimes.1
A secondhand dealer is defined as any person, corporation, or other business organization or
entity that is not a secondary metals recycler and is engaged in purchasing, consigning, or trading
secondhand goods. The term also includes a secondhand dealer engaged in purchasing
secondhand goods through an automated kiosk.2
Secondhand goods are previously owned or used personal property purchased, consigned, or
traded as used property.3 The term also includes gift certificates and credit memos4 that are
purchased, consigned, or traded by a secondhand dealer. Secondhand goods do not include office
furniture, pianos, books, clothing, organs, coins, motor vehicles, costume jewelry; gold, silver,
platinum, palladium, or rhodium bullion that has been assayed and is properly marked as to its
weight and fineness; cardio and strength training or conditioning equipment designed primarily
for indoor use, and secondhand sports equipment that is not permanently labeled with a serial
number.5
A secondhand dealer must annually register their business with the Department of Revenue
(DOR).6
Secondhand Dealer Transaction Forms and Reporting Requirements
Upon each acquisition of secondhand goods, a secondhand dealer must complete a transaction
form that details the goods purchased and the seller’s identity. The secondhand dealer must
retain this document for at least 3 years and forward a copy to the appropriate law enforcement
agency within 24 hours of acquiring the secondhand goods.7 In addition to the descriptive
statements of the secondhand goods and the seller’s identity, the transaction record must also
include:
• A statement of the date, time, and place of the transaction;
1
See ss. 538.04, 538.06, F.S. (identifying recordkeeping requirements and holding periods in connection with secondhand
goods); see also Jarret C. Oeltjen, Florida Pawnbroking: An Industry in Transition, 23 FLA. ST. U. L. REV. 995, 1013 (Spring
1996) (noting that “[t]he main impetus behind [ch. 538, F.S.] was to confront the problem of property theft and drug-related
crimes by facilitating recovery of stolen goods and apprehending those criminals who may turn to secondhand dealers for
cash”).
2
Section 538.03(1)(h), F.S.
3
Section 538.03(1)(i), F.S.
4
Section 501.95, F.S., defines “credit memo” as a certificate, card, stored value card, or similar instrument issued in
exchange for returned merchandise when the certificate, card, or similar instrument is redeemable for merchandise, food, or
services regardless of whether any cash may be paid to the owner of the certificate, card, or instrument as part of the
redemption transaction.
5
Section 538.03(1)(i), F.S.
6
See generally s. 538.09, F.S. (providing for registration).
7
Section 538.04(1), F.S.
BILL: CS/SB 1582 Page 3
• A summary of the goods acquired, including brand name, model number, serial number, and
other unique identifiers;
• Digital photographs of the goods acquired in the report that is submitted to law enforcement;
and
• A description of the person from whom the goods were acquired, including his or her right
thumbprint, name, and address, and a physical description.8
If an appropriate law enforcement official provides a secondhand dealer with appropriate
software and the secondhand dealer has the capability to use it, the secondhand dealer must
electronically transmit the required transaction records.9 Additionally, if a secondhand dealer
lacks computer capability, the appropriate law enforcement official may provide a computer and
all necessary equipment to electronically transmit transactions.10
Secondhand dealers must hold all secondhand goods for at least 15 days after acquiring the
property. However, secondhand dealers are required to hold a precious metal,11 gemstone,
jewelry; antique furnishings, fixtures, or decorative objects; or an item of art as defined in s.
686.501, F.S.,12 for 30 days after they acquire the property.13 Additionally, a secondhand good
must be held for 30 days if the secondhand dealer uses an automated kiosk.14
Penalties
If a law enforcement officer has probable cause to believe that the goods held by a secondhand
dealer are stolen, the officer may place a 90-day written hold order on those goods.15 This
prevents the secondhand dealer from selling the goods and preserves them for use as evidence in
a criminal trial. Additionally, it allows the goods to be returned to their rightful owner.
Law enforcement agencies with jurisdiction enforce compliance with registration, record-
keeping, holding periods, and inspection requirements.16 A person who knowingly violates the
8
Id.
9
Section 538.04(6), F.S.
10
Id.
11
Section 538.03(1)(f), F.S., defines “precious metals” as any item containing any gold, silver, or platinum, or any
combination thereof, excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or
electronic parts.
12
Section 686.501(1), F.S., defines “art” as a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik,
macramé, quilt, print, photograph, or craft work executed in materials including, but not limited to, clay, textile, paper, fiber,
wood, tile, metal, plastic, or glass. The term includes a rare map which is offered as a limited edition or a map 80 years old or
older; or a rare document or rare print which includes, a print, engraving, etching, woodcut, lithograph, or serigraph which is
offered as a limited edition, or one 80 years old or older.
13
Section 538.06(1), F.S.
14
Id. An “automated kiosk” is an interactive device that is permanently installed within a secure retail space and that has the
following technological functions: remotely monitored by a live representative during all business hours; verification of a
seller’s identity by government-issued photographic identification card; automated reading and recording of item serial
numbers; ability to compare item serial numbers against databases of stolen items; secure storage of goods accepted by the
kiosk; and capture and storage of images during the transaction. Section 538.03(1)(c), F.S.
15
Section 538.06(3), F.S.
16
Section 538.05, F.S.
BILL: CS/SB 1582 Page 4
requirements governing secondhand dealers in ch. 538, F.S., commits a first degree misdemeanor
and is subject to a fine not to exceed $10,000.17
Secondary Metals Recyclers and Mail-in Secondhand Precious Metals Dealers
A secondary metals recycler means any person who:
• Is engaged, from a fixed location, in the business of purchase transactions or gathering or
obtaining ferrous or nonferrous metals that have served their original economic purpose, or is
in the business of performing the manufacturing process by which ferrous metals or
nonferrous metals are converted into raw material products consisting of prepared grades and
having an existing or potential economic value; or
• Has facilities for performing the manufacturing process by which ferrous metals or
nonferrous metals are converted into raw material products consisting of prepared grades and
having an existing or potential economic value, other than by the exclusive use of hand tools,
by methods including, without limitation, processing, sorting, cutting, classifying, cleaning,
baling, wrapping, shredding, shearing, or changing the physical form or chemical content
thereof.18
A mail-in secondhand precious metals dealer means any person or entity that:
• Conducts business within Florida and contracts with others to buy precious metals or jewelry
through an Internet website, the United States mail, or telemarketing; or
• Conducts business within Florida and regularly engages in the business of purchasing jewelry
or precious metals through the mail or Internet-based transactions.19
Secondary Metals Recyclers and Mail-in Secondhand Precious Metals Dealers Transaction
Forms and Reporting Requirements
A secondary metals recycler must maintain both a legible paper and electronic record of all
purchase transactions to which such secondary metals recycler is a party.20 The appropriate law
enforcement official may provide data specifications regarding the electronic record format, but
such format must be approved by the FDLE. The transaction record must include:21
• The time, date, and place of the transaction.
• A complete and accurate description of the goods acquired.
• Digital photographs of the goods.
• A description of the person from whom the goods were acquired.
• Any other information required by the FDLE.
An electronic record of the purchase transaction must be transmitted to the appropriate law
enforcement official no later than 10 a.m. on the business day following the transaction.22
17
Section 538.07(1), F.S. A first degree misdemeanor is punishable by up to 1 year in county jail and a $1,000 fine. Sections
775.082 and 775.083, F.S.
18
Section 538.18(11), F.S.
19
Section 538.31(1), F.S.
20
Section 539.19, F.S.
21
Section 538.19(2), F.S.
22
Section 538.19(1), F.s.
BILL: CS/SB 1582 Page 5
Mail-in secondhand precious metals dealers must register with the DOR and keep a record of
every transaction that includes the following:23
• A complete and accurate description of the seller’s goods, including:
o precious metal type, or the type of jewelry.
o Any other unique identifying marks, numbers, or letters. The description must be
in an electronic format agreed upon by the dealer and the appropriate law
enforcement agency.
• The date that the seller’s goods were received by the mail-in secondhand precious metals
dealer.
The mail-in secondhand precious metals dealer must maintain records for 2 years, and all
transaction records must be in a form that is easily retrievable upon request by a law enforcement
agency.24
Penalties
A secondary metals recycler who knowingly and intentionally engages in a pattern of failing to
keep records or violates provisions relating to hold notices or the right to inspect regulated
metals commits a third degree felony.25
Any mail-in secondhand precious metals dealer who does not register with the DOR or fails to
comply with recordkeeping requirements commits a third degree felony.26 If a corporation is
convicted or found guilty of, or pleads nolo contendere to, an offense, the corporation is
prohibited from operating for 1 year as a mail-in secondhand precious metals dealer within the
state.27
Pawnbrokers
Pawnbrokers28 must apply for and obtain an annual license from the Department of Agriculture
and Consumer Services (DACS).29 To be eligible for the license, each pawnshop must maintain a
net worth of at least $50,000 or file security in the form of a surety bond, letter of credit, or
certificate of deposit of $10,000 for each license.30 The DACS is authorized to impose penalties
23
Section 538.32(3), F.S.
24
Section 538.32(5), F.S.
25
Section 538.23(1), F.S. A third degree felony is punishable by up to 5 years in prison and a $5,000 fine. Sections 775.082
and 775.083, F.S.
26
Section 538.36(1), F.S. A third degree felony is punishable by up to 5 years in prison and a $5,000 fine. Sections 775.082
and 775.083, F.S.
27
Section 538.36(1), F.S.
28
A “pawnbroker” is a person who is engaged in the business of making pawns; who makes a public display containing the
term “pawn,” “pawnbroker,” or “pawnshop” or any derivative thereof; or who publicly displays a sign or symbol historically
identified with pawns. Pawnbrokers may also engage in purchasing goods which includes consignment and trade. Section
539.001(1)(i), F.S. A “pawn” is any advancement of funds on the security of pledged goods on condition that the pledged
goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on
certain terms and conditions. Section 539.001(1)(h), F.S.
29
Section 539.001(3), F.S.
30
Section 539.001(4), F.S.
BILL: CS/SB 1582 Page 6
of up to $5,000 for noncompliance with the law.31 As of October 5, 2025, there are 1,138 active
pawn shop licensees statewide.32
Pawnbroker Transaction Forms
At the time a pawnbroker enters into any pawn or purchase transaction, the pawnbroker is
required to complete a pawnbroker transaction form.33 The form must include an indication of
whether the transaction is a pawn or a purchase, and the seller must also sign the form.34
A pawnbroker is required to maintain a copy of each completed pawnbroker transaction form on
the pawnshop premises for at least 1 year after the date of the transaction.35 On or before the end
of each business day, the pawnbroker must deliver the original printed pawnbroker transaction
forms, or printed copies of the digital pawnbroker transaction forms, for each transaction
occurring during the previous business day to the appropriate law enforcement official.36
Additionally, an electronic image accepted for a transaction must be maintained electronically to
meet the same recordkeeping requirements as the original printed transaction form.37
In lieu of physically delivering the original pawnbroker transaction forms, a local law
enforcement agency may supply software to a pawnbroker so the pawnbroker may electronically
transfer the transaction forms to the law enforcement agency. If a pawnbroker does not have a
computer to use the software, the law enforcement agency may provide one to the pawnbroker.
The law enforcement agency retains ownership of the computer unless otherwise agreed upon.
The pawnbroker must maintain the computer in good working order, ordinary wear and tear
excepted.38
Penalties
A person who willfully makes a false entry on a transaction form or any other record required
under chapter 539, F.S., commits a first degree misdemeanor.39 Clerical or recordkeeping errors
on a document or required record do not constitute a willful violation.
At the department’s request, the FDLE must supply the department with any arrest and
conviction records in its possession of an individual applying for or holding a license.40
31
Fla. Admin. Code R. 5J-13.004 (2016).
32
Florida Department of Law Enforcement, Statewide Pawn Database Feasibility Study (Nov. 4, 2025), p.7. On file with the
Senate Commerce and Tourism Committee.
33
Section 539.001(8)(a), F.S.
34
Id.
35
Section 539.001(9)(a), F.S.
36
Id.
37
Id.
38
Section 539.001(9)(b), F.S.
39
Section 539.001(17), F.S. A first degree misdemeanor is punishable by up to 1 year in county jail and a $1,000 fine.
Sections 775.082 and 775.083, F.S.
40
Section 539.001(19), F.S.
BILL: CS/SB 1582 Page 7
Any person who traffics in, or endeavors to traffic in, property that he or she knows or should
know was stolen is guilty of a second degree felony.41
Feasibility Study
In 2025, the FDLE was directed to conduct a feasibility study to evaluate the viability of
establishing a statewide pawn database.42 The study examined the feasibility of providing a free
system to Florida law enforcement agencies that would allow them to access, update, and share
pawn data in real time. The study recommended outsourcing pawn data collection through a
single vendor, allowing the FDLE to control the system design and maintain a single database of
all pawn records.43
III. Effect of Proposed Changes:
Section 1 amends s. 538.04, F.S., requiring secondhand dealers, who are already required to
provide recordkeeping, transaction forms, and reporting requirements to local law enforcement
agencies, to also share that data with the FDLE for the purpose of statewide data sharing.
Section 2 amends s. 538.19, F.S., requiring secondary metals recyclers, who are already required
to provide recordkeeping, transaction forms, and reporting requirements to local law
enforcement agencies, to also share that data with the FDLE for the purpose of statewide data
sharing.
Section 3 amends s. 538.32, F.S., requiring mail-in secondhand precious metals dealers, who are
already required to provide recordkeeping, transaction forms, and reporting requirements to local
law enforcement agencies, to also share that data with the FDLE for the purpose of statewide
data sharing.
Section 4 amends s. 539.001, F.S., requiring pawnbrokers, who are already required to provide
recordkeeping, transaction forms, and reporting requirements to local law enforcement agencies,
to also share that data with the FDLE for the purpose of statewide data sharing.
Section 5 provides that the bill takes effect on July 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
41
Section 812.019(1), F.S. A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine.
Sections 775.082 and 775.083, F.S.
42
Ch. 2025-43, Laws of Fla.
43
Florida Department of Law Enforcement, Statewide Pawn Database Feasibility Study (Nov. 4, 2025), p.43. On file with
the Senate Commerce and Tourism Committee.
BILL: CS/SB 1582 Page 8
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The FDLE may incur costs to establish and operate a statewide system to collect pawn
data.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill amends sections 538.04, 538.19, 538.32, and 539.001 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on January 28, 2026:
BILL: CS/SB 1582 Page 9
The amendment removes the obligation for the FDLE to create a statewide database for
collecting pawn data from secondhand dealers, secondary metals recyclers, and
pawnbrokers. Instead, the amendment requires these entities, which are already required
to provide specific information to local law enforcement agencies, to also share that data
with the FDLE for statewide data sharing.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1582 Bill No. SB 1582
Ì173164'Î173164 Ì173164'Î173164
LEGISLATIVE ACTION 11 transaction form on the registered premises for at least 1 year
Senate . House 12 after the date of the transaction. However, the secondhand
Comm: FAV . 13 dealer shall maintain a copy of the transaction form for not
01/28/2026 . 14 less than 3 years. Unless other arrangements are agreed upon by
. 15 the secondhand dealer and the appropriate law enforcement
. 16 official, the secondhand dealer shall, within 24 hours after
. 17 acquiring any secondhand goods, deliver to such official and the
18 Department of Law Enforcement a record of the transaction on a
19 form approved by the Department of Law Enforcement for the
20 purpose of statewide data sharing. Such record must shall
21 contain all of the following:
22 (a) The time, date, and place of the transaction.
23 (b) A complete and accurate description of the goods
24 acquired, including the following information, if applicable:
25 1. Brand name.
The Committee on Commerce and Tourism (Yarborough) recommended 26 2. Model number.
the following: 27 3. Manufacturer’s serial number.
28 4. Size.
1 Senate Amendment (with title amendment) 29 5. Color, as apparent to the untrained eye.
2 30 6. Precious metal type, weight, and content if known.
3 Delete everything after the enacting clause 31 7. Gemstone description, including the number of stones, if
4 and insert: 32 applicable.
5 Section 1. Subsections (1), (6), and (8) of section 538.04, 33 8. In the case of firearms, the type of action, caliber or
6 Florida Statutes, are amended to read: 34 gauge, number of barrels, barrel length, and finish.
7 538.04 Recordkeeping requirements; penalties.— 35 9. Any other unique identifying marks, numbers, or letters.
8 (1) A secondhand dealer shall complete a secondhand dealers 36 (c) Digital photographs of the goods, clearly showing the
9 transaction form at the time of the actual transaction. A 37 items required to be included on the record as provided in
10 secondhand dealer shall maintain a copy of a completed 38 paragraph (b).
39 (d) A description of the person from whom the goods were
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Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1582 Bill No. SB 1582
Ì173164'Î173164 Ì173164'Î173164
40 acquired, including: 69 the original transaction form that was electronically
41 1. Full name, current residential address, workplace, and 70 transmitted. The secondhand dealer shall deliver the form to the
42 home and work phone numbers. 71 appropriate law enforcement official and the Department of Law
43 2. Height, weight, date of birth, race, gender, hair color, 72 Enforcement within 24 hours after receipt of the request.
44 eye color, and any other identifying marks. 73 (8) When secondhand goods are purchased by means of an
45 3. The right thumbprint, free of smudges and smears, of the 74 automated kiosk, the serial number reported pursuant to this
46 person from whom the goods were acquired. 75 section may be the International Mobile Station Equipment
47 (e) Any other information required by the form approved by 76 Identity (IMEI), the mobile equipment identifier (MEID), or
48 the Department of Law Enforcement. 77 another unique identifying number assigned to the device by the
49 (6) If the appropriate law enforcement official supplies a 78 manufacturer. If the IMEI, MEID, or other unique identifying
50 secondhand dealer with appropriate software and the secondhand 79 number is not available at the time of receipt or purchase, the
51 dealer has computer capability, the secondhand dealer must 80 report filed pursuant to this section must be updated with the
52 electronically transmit secondhand dealer transactions required 81 IMEI, MEID, or other unique identifying number as soon as
53 by this section to such official and the Department of Law 82 possible, but no later than 10 business days after the date of
54 Enforcement for the purpose of statewide data sharing. If a 83 acquisition. If such identifying numbers are not available at
55 secondhand dealer does not have computer capability, the 84 the time of the transaction, the business must shall assign
56 appropriate law enforcement official may provide the secondhand 85 another unique identifier to the item which directly associates
57 dealer with a computer and all equipment necessary to 86 the item to the transaction that it was purchased in. Upon
58 electronically transmit secondhand dealer transactions. The 87 entering or updating any information on the transaction form, a
59 appropriate law enforcement official shall retain ownership of 88 law enforcement official, as designated by the sheriff or the
60 the computer, unless otherwise agreed upon, and the secondhand 89 chief of police of the jurisdiction in which the item was
61 dealer shall maintain the computer in good working order, except 90 purchased, must be timely notified in writing or by electronic
62 for ordinary wear. A secondhand dealer who transmits secondhand 91 means, as required by the sheriff or chief of police of the
63 dealer transactions electronically is not required to also 92 jurisdiction. If, upon receiving the device and correcting the
64 deliver the original or paper copies of the secondhand 93 missing information, the company finds that the item was
65 transaction forms to the appropriate law enforcement official or 94 misappropriated or stolen, the appropriate law enforcement
66 the Department of Law Enforcement for the purpose of statewide 95 official and the Department of Law Enforcement must be notified.
67 data sharing. However, such official may, for purposes of a 96 The holding requirements of ss. 538.06 and 538.09(3) do not
68 criminal investigation, request the secondhand dealer to deliver 97 begin until all required reports are complete and submitted to
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Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1582 Bill No. SB 1582
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98 the appropriate law enforcement official and the Department of 127 the items. The secondary metals recycler shall make the form
99 Law Enforcement for the purpose of statewide data sharing. 128 available to the appropriate law enforcement official within 24
100 Section 2. Subsection (1) of section 538.19, Florida 129 hours after receipt of the request.
101 Statutes, is amended to read: 130 Section 3. Subsections (3), (4), and (6) and paragraph (d)
102 538.19 Records required; limitation of liability.— 131 of subsection (7) of section 538.32, Florida Statutes, are
103 (1) A secondary metals recycler shall maintain a legible 132 amended to read:
104 paper record of all purchase transactions to which such 133 538.32 Registration, transaction, and recordkeeping
105 secondary metals recycler is a party. A secondary metals 134 requirements; penalties.—
106 recycler shall also maintain a legible electronic record, in the 135 (3) For every transaction, the secondhand dealer shall must
107 English language, of all such purchase transactions. The 136 keep a record of the following:
108 appropriate law enforcement official may provide data 137 (a) A complete and accurate description of the seller’s
109 specifications regarding the electronic record format, but such 138 goods, including:
110 format must be approved by the Department of Law Enforcement. An 139 1. Precious metal type, or, if jewelry, the type of
111 electronic record of a purchase transaction shall be 140 jewelry.
112 electronically transmitted to the appropriate law enforcement 141 2. Any other unique identifying marks, numbers, or letters.
113 official and the Department of Law Enforcement for the purpose 142 The description must be in an electronic format agreed upon by
114 of statewide data sharing no later than 10 a.m. of the business 143 the dealer and the appropriate law enforcement agency.
115 day following the date of the purchase transaction. The record 144 (b) The date that the seller’s goods were received by the
116 transmitted to the appropriate law enforcement official and the 145 mail-in secondhand precious metals dealer.
117 Department of Law Enforcement must not contain the price paid 146
118 for the items. A secondary metals recycler who transmits such 147 This information must be provided to the appropriate law
119 records electronically is not required to also deliver the 148 enforcement agency and the Department of Law Enforcement for the
120 original or paper copies of the transaction forms to the 149 purpose of statewide data sharing within 24 hours after entering
121 appropriate law enforcement official or the Department of Law 150 into the contract unless other arrangements are made between the
122 Enforcement for the purpose of statewide data sharing. However, 151 business and the law enforcement agency.
123 such official may, for purposes of a criminal investigation, 152 (4) For every transaction, pictures of the secondhand goods
124 request the secondary metals recycler to make available the 153 which are the subject of the transaction must be available
125 original transaction form that was electronically transmitted. 154 online for electronic viewing, via a website accessible by
126 This original transaction form must include the price paid for 155 username and password only, by a law enforcement agency and the
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Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1582 Bill No. SB 1582
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156 Department of Law Enforcement at no charge. In addition, the 185 deliver to the appropriate law enforcement official and the
157 electronic files must be searchable by a law enforcement agency 186 Department of Law Enforcement for the purpose of statewide data
158 for queries concerning property descriptions, secondhand dealer 187 sharing the original printed pawnbroker transaction forms or
159 transaction information, and the seller’s personal 188 printed copies of the digital pawnbroker transaction forms for
160 identification, including address, state of residence, and zip 189 each of the transactions occurring during the previous business
161 code. 190 day, unless other arrangements have been agreed upon between the
162 (6) The mail-in secondhand precious metals dealer shall 191 pawnbroker and the appropriate law enforcement official. If an
163 must provide the appropriate law enforcement agency and the 192 original printed transaction form is lost or destroyed by the
164 Department of Law Enforcement for the purpose of statewide data 193 appropriate law enforcement official, a copy may be used by the
165 sharing with an electronic copy of the name, address, phone 194 pawnbroker as evidence in court. When an electronic image of a
166 number, driver license number, or government-issued 195 pledgor or seller identification is accepted for a transaction,
167 identification number, and issuing state of the person from whom 196 the pawnbroker must maintain the electronic image in order to
168 the dealer purchased or acquired the precious metals or jewelry. 197 meet the same recordkeeping requirements as for the original
169 (7) 198 printed transaction form. If a criminal investigation occurs,
170 (d) Within 24 hours after the expiration of the 30-day hold 199 the pawnbroker must shall, upon request, provide a clear and
171 period for the property, the secondhand dealer shall must notify 200 legible copy of the image to the appropriate law enforcement
172 the appropriate law enforcement agency and the Department of Law 201 official.
173 Enforcement of the abandonment of the property by electronic 202 (b) If the appropriate law enforcement agency supplies the
174 transmission or by sending a copy of the completed form 203 appropriate software and the pawnbroker presently has the
175 authorized by chapter 717 to the Department of Financial 204 computer ability, pawn transactions must shall be electronically
176 Services, Division of Unclaimed Property. 205 transferred to the appropriate law enforcement official and the
177 Section 4. Paragraphs (a) and (b) of subsection (9) of 206 Department of Law Enforcement for the purpose of statewide data
178 section 539.001, Florida Statutes, are amended to read: 207 sharing. If a pawnbroker does not presently have the computer
179 539.001 The Florida Pawnbroking Act.— 208 ability, the appropriate law enforcement agency may provide the
180 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.— 209 pawnbroker with a computer and all necessary equipment for the
181 (a) A pawnbroker shall must maintain a copy of each 210 purpose of electronically transferring pawn transactions. The
182 completed pawnbroker transaction form on the pawnshop premises 211 appropriate law enforcement agency retains shall retain
183 for at least 1 year after the date of the transaction. On or 212 ownership of the computer, unless otherwise agreed upon. The
184 before the end of each business day, the pawnbroker shall must 213 pawnbroker shall maintain the computer in good working order,
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214 ordinary wear and tear excepted. In the event the pawnbroker
215 transfers pawn transactions electronically, the pawnbroker is
216 not required to also deliver to the appropriate law enforcement
217 official or the Department of Law Enforcement the original or
218 copies of the pawnbroker transaction forms. The appropriate law
219 enforcement official may, for the purposes of a criminal
220 investigation, request that the pawnbroker produce an original
221 of a printed transaction form that has been electronically
222 transferred. The pawnbroker shall deliver this form to the
223 appropriate law enforcement official within 24 hours of the
224 request.
225 Section 5. This act shall take effect July 1, 2026.
226
227 ================= T I T L E A M E N D M E N T ================
228 And the title is amended as follows:
229 Delete everything before the enacting clause
230 and insert:
231 A bill to be entitled
232 An act relating to statewide data sharing of
233 secondhand dealer and pawnbroker transactions;
234 amending ss. 538.04, 538.19, 538.32, and 539.001,
235 F.S.; revising the recordkeeping, transaction, and
236 reporting requirements of certain secondhand dealers
237 and pawnbrokers to be shared with the Department of
238 Law Enforcement for the purpose of statewide data
239 sharing of such records, transactions, and reports;
240 providing an effective date.
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Florida Senate - 2026 SB 1582 Florida Senate - 2026 SB 1582
By Senator Yarborough
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1 A bill to be entitled 30 Section 1. Section 539.004, Florida Statutes, is created to
2 An act relating to the pawn data statewide system; 31 read:
3 creating s. 539.004, F.S.; providing legislative 32 539.004 Pawn data statewide system.—
4 intent; defining terms; requiring the Department of 33 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
5 Law Enforcement to establish, operate, and maintain a 34 to establish a single, secure, statewide pawn data collection
6 statewide system for the collection of pawn data; 35 system under the control of the Department of Law Enforcement
7 providing system requirements; providing procurement 36 to:
8 authority to the department to contract with a single 37 (a) Support criminal investigations and public safety
9 vendor to provide pawn data collection as a service; 38 statewide.
10 providing contract terms; prohibiting the department 39 (b) Eliminate fragmented data collection and duplicative
11 from making a specified delegation; requiring 40 costs to law enforcement agencies;
12 mandatory participation in the statewide system by 41 (c) Ensure statewide data ownership, continuity, and
13 specified dealers and recyclers; prohibiting certain 42 interoperability.
14 agencies from requiring or maintaining separate 43 (d) Protect sensitive transaction information from
15 contracts for pawn data collection services; 44 unauthorized use or commercialization.
16 prohibiting law enforcement agencies from being 45 (2) DEFINITIONS.—As used in this section, the term:
17 charged a fee for accessing pawn data through the 46 (a) “Department” means the Department of Law Enforcement.
18 system; establishing contract provisions for vendors; 47 (b) “Pawn data” means information related to the
19 providing that all pawn data collected is the 48 transactions of secondhand dealers and secondary metals
20 exclusive property of the state; providing that 49 recyclers, including pawn shops, which is required by chapter
21 vendors do not acquire certain interests in the pawn 50 538 and this chapter to be reported electronically to law
22 data; providing that the pawn data may only be used 51 enforcement officials. This data includes, but is not limited
23 for specified purposes; prohibiting specified acts; 52 to, descriptions of property, seller information, transaction
24 providing enforcement and penalties for violations; 53 dates, and any other data related to the exchange of goods.
25 authorizing the department to adopt rules; providing 54 (c) “Statewide system” means the centralized pawn data
26 an effective date. 55 collection and access system established and operated by the
27 56 department under this section.
28 Be It Enacted by the Legislature of the State of Florida: 57 (d) “Vendor” means a single private entity procured by the
29 58 department to provide pawn data collection as a service.
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59 (3) ESTABLISHMENT OF STATEWIDE SYSTEM.— 88 (c) A law enforcement agency may not be charged a fee for
60 (a) The department shall establish, operate, and maintain a 89 accessing pawn data through the statewide system.
61 statewide system for the collection of pawn data. 90 (6) CONTRACTUAL REQUIREMENTS.—A contract executed under
62 (b) The department shall ensure that the statewide system: 91 this section must require the vendor to:
63 1. Accepts electronic reports from all required reporting 92 (a) Maintain and support integrations with commonly used
64 entities statewide. 93 point-of-sale systems and web-based reporting tools.
65 2. Provides access to pawn data for law enforcement 94 (b) Provide compliance monitoring and technical assistance
66 agencies in real time or near real time. 95 to reporting businesses.
67 3. Supports multijurisdictional investigations. 96 (c) Transmit all pawn data to the department in real time
68 4. Meets state and federal security, privacy, and records 97 or near real time.
69 management requirements. 98 (d) Provide full and continuous access to current and
70 (4) PROCUREMENT AUTHORITY.— 99 historical pawn data to the department.
71 (a) Pursuant to chapter 287, the department shall 100 (e) Transfer all pawn data, including metadata and
72 competitively procure and contract with a single vendor to 101 historical records, to the department immediately upon request
73 provide pawn data collection as a service on a statewide basis. 102 or upon contract expiration or termination, without any
74 (b) The department may enter into a multiyear contract, 103 additional cost.
75 which may include renewal options, performance benchmarks, 104 (f) Provide a department-approved transition plan to
76 transition periods, and termination provisions consistent with 105 prevent disruption of law enforcement operations.
77 state procurement law. 106 (g) Comply with all state cybersecurity, public records,
78 (c) The department may not delegate data ownership, 107 and data retention requirements.
79 governance authority, or law enforcement access control to a 108 (7) OWNERSHIP AND USE OF DATA.—
80 vendor. 109 (a) All pawn data collected under this section is the
81 (5) MANDATORY PARTICIPATION.— 110 exclusive property of this state.
82 (a) All secondhand dealers and secondary metals recyclers 111 (b) A vendor acts solely as a service provider and data
83 required to report under chapter 538 and this chapter shall 112 processor and does not acquire any ownership or proprietary
84 submit required data through the statewide system. 113 interest in the pawn data.
85 (b) A local or regional law enforcement agency may not 114 (c) Pawn data may be used only for official law
86 require or maintain a separate contract for pawn data collection 115 enforcement, regulatory, or public safety purposes authorized by
87 services that duplicate the statewide system. 116 general law.
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117 (8) PROHIBITED ACTS.—
118 (a) A vendor may not sell, license, lease, sublicense,
119 monetize, or otherwise commercially exploit pawn data.
120 (b) A person may not knowingly misuse, disclose, or access
121 pawn data for any purpose not authorized by general law.
122 (9) ENFORCEMENT AND PENALTIES.—
123 (a) A vendor that violates this section, or the terms of a
124 contract entered into pursuant to subsection (4), is subject to:
125 1. Civil penalties of up to $500,000 for each violation.
126 2. Contract termination.
127 3. Disqualification from future state contracts.
128 (b) A person who knowingly and willfully violates
129 subsection (8) commits a felony of the third degree, punishable
130 as provided in s. 775.082, s. 775.083, or s. 775.084.
131 (10) RULEMAKING.—The department may adopt rules to
132 implement this section, including, but not limited to, for
133 procurement administration, system standards, access controls,
134 data security, audits, and compliance enforcement.
135 Section 2. This act shall take effect July 1, 2026.
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Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 1582
Ì173164'Î173164
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
01/28/2026 .
.
.
.
The Committee on Commerce and Tourism (Yarborough) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1), (6), and (8) of section 538.04,
6 Florida Statutes, are amended to read:
7 538.04 Recordkeeping requirements; penalties.—
8 (1) A secondhand dealer shall complete a secondhand dealers
9 transaction form at the time of the actual transaction. A
10 secondhand dealer shall maintain a copy of a completed
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11 transaction form on the registered premises for at least 1 year
12 after the date of the transaction. However, the secondhand
13 dealer shall maintain a copy of the transaction form for not
14 less than 3 years. Unless other arrangements are agreed upon by
15 the secondhand dealer and the appropriate law enforcement
16 official, the secondhand dealer shall, within 24 hours after
17 acquiring any secondhand goods, deliver to such official and the
18 Department of Law Enforcement a record of the transaction on a
19 form approved by the Department of Law Enforcement for the
20 purpose of statewide data sharing. Such record must shall
21 contain all of the following:
22 (a) The time, date, and place of the transaction.
23 (b) A complete and accurate description of the goods
24 acquired, including the following information, if applicable:
25 1. Brand name.
26 2. Model number.
27 3. Manufacturer’s serial number.
28 4. Size.
29 5. Color, as apparent to the untrained eye.
30 6. Precious metal type, weight, and content if known.
31 7. Gemstone description, including the number of stones, if
32 applicable.
33 8. In the case of firearms, the type of action, caliber or
34 gauge, number of barrels, barrel length, and finish.
35 9. Any other unique identifying marks, numbers, or letters.
36 (c) Digital photographs of the goods, clearly showing the
37 items required to be included on the record as provided in
38 paragraph (b).
39 (d) A description of the person from whom the goods were
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40 acquired, including:
41 1. Full name, current residential address, workplace, and
42 home and work phone numbers.
43 2. Height, weight, date of birth, race, gender, hair color,
44 eye color, and any other identifying marks.
45 3. The right thumbprint, free of smudges and smears, of the
46 person from whom the goods were acquired.
47 (e) Any other information required by the form approved by
48 the Department of Law Enforcement.
49 (6) If the appropriate law enforcement official supplies a
50 secondhand dealer with appropriate software and the secondhand
51 dealer has computer capability, the secondhand dealer must
52 electronically transmit secondhand dealer transactions required
53 by this section to such official and the Department of Law
54 Enforcement for the purpose of statewide data sharing. If a
55 secondhand dealer does not have computer capability, the
56 appropriate law enforcement official may provide the secondhand
57 dealer with a computer and all equipment necessary to
58 electronically transmit secondhand dealer transactions. The
59 appropriate law enforcement official shall retain ownership of
60 the computer, unless otherwise agreed upon, and the secondhand
61 dealer shall maintain the computer in good working order, except
62 for ordinary wear. A secondhand dealer who transmits secondhand
63 dealer transactions electronically is not required to also
64 deliver the original or paper copies of the secondhand
65 transaction forms to the appropriate law enforcement official or
66 the Department of Law Enforcement for the purpose of statewide
67 data sharing. However, such official may, for purposes of a
68 criminal investigation, request the secondhand dealer to deliver
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69 the original transaction form that was electronically
70 transmitted. The secondhand dealer shall deliver the form to the
71 appropriate law enforcement official and the Department of Law
72 Enforcement within 24 hours after receipt of the request.
73 (8) When secondhand goods are purchased by means of an
74 automated kiosk, the serial number reported pursuant to this
75 section may be the International Mobile Station Equipment
76 Identity (IMEI), the mobile equipment identifier (MEID), or
77 another unique identifying number assigned to the device by the
78 manufacturer. If the IMEI, MEID, or other unique identifying
79 number is not available at the time of receipt or purchase, the
80 report filed pursuant to this section must be updated with the
81 IMEI, MEID, or other unique identifying number as soon as
82 possible, but no later than 10 business days after the date of
83 acquisition. If such identifying numbers are not available at
84 the time of the transaction, the business must shall assign
85 another unique identifier to the item which directly associates
86 the item to the transaction that it was purchased in. Upon
87 entering or updating any information on the transaction form, a
88 law enforcement official, as designated by the sheriff or the
89 chief of police of the jurisdiction in which the item was
90 purchased, must be timely notified in writing or by electronic
91 means, as required by the sheriff or chief of police of the
92 jurisdiction. If, upon receiving the device and correcting the
93 missing information, the company finds that the item was
94 misappropriated or stolen, the appropriate law enforcement
95 official and the Department of Law Enforcement must be notified.
96 The holding requirements of ss. 538.06 and 538.09(3) do not
97 begin until all required reports are complete and submitted to
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98 the appropriate law enforcement official and the Department of
99 Law Enforcement for the purpose of statewide data sharing.
100 Section 2. Subsection (1) of section 538.19, Florida
101 Statutes, is amended to read:
102 538.19 Records required; limitation of liability.—
103 (1) A secondary metals recycler shall maintain a legible
104 paper record of all purchase transactions to which such
105 secondary metals recycler is a party. A secondary metals
106 recycler shall also maintain a legible electronic record, in the
107 English language, of all such purchase transactions. The
108 appropriate law enforcement official may provide data
109 specifications regarding the electronic record format, but such
110 format must be approved by the Department of Law Enforcement. An
111 electronic record of a purchase transaction shall be
112 electronically transmitted to the appropriate law enforcement
113 official and the Department of Law Enforcement for the purpose
114 of statewide data sharing no later than 10 a.m. of the business
115 day following the date of the purchase transaction. The record
116 transmitted to the appropriate law enforcement official and the
117 Department of Law Enforcement must not contain the price paid
118 for the items. A secondary metals recycler who transmits such
119 records electronically is not required to also deliver the
120 original or paper copies of the transaction forms to the
121 appropriate law enforcement official or the Department of Law
122 Enforcement for the purpose of statewide data sharing. However,
123 such official may, for purposes of a criminal investigation,
124 request the secondary metals recycler to make available the
125 original transaction form that was electronically transmitted.
126 This original transaction form must include the price paid for
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127 the items. The secondary metals recycler shall make the form
128 available to the appropriate law enforcement official within 24
129 hours after receipt of the request.
130 Section 3. Subsections (3), (4), and (6) and paragraph (d)
131 of subsection (7) of section 538.32, Florida Statutes, are
132 amended to read:
133 538.32 Registration, transaction, and recordkeeping
134 requirements; penalties.—
135 (3) For every transaction, the secondhand dealer shall must
136 keep a record of the following:
137 (a) A complete and accurate description of the seller’s
138 goods, including:
139 1. Precious metal type, or, if jewelry, the type of
140 jewelry.
141 2. Any other unique identifying marks, numbers, or letters.
142 The description must be in an electronic format agreed upon by
143 the dealer and the appropriate law enforcement agency.
144 (b) The date that the seller’s goods were received by the
145 mail-in secondhand precious metals dealer.
146
147 This information must be provided to the appropriate law
148 enforcement agency and the Department of Law Enforcement for the
149 purpose of statewide data sharing within 24 hours after entering
150 into the contract unless other arrangements are made between the
151 business and the law enforcement agency.
152 (4) For every transaction, pictures of the secondhand goods
153 which are the subject of the transaction must be available
154 online for electronic viewing, via a website accessible by
155 username and password only, by a law enforcement agency and the
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156 Department of Law Enforcement at no charge. In addition, the
157 electronic files must be searchable by a law enforcement agency
158 for queries concerning property descriptions, secondhand dealer
159 transaction information, and the seller’s personal
160 identification, including address, state of residence, and zip
161 code.
162 (6) The mail-in secondhand precious metals dealer shall
163 must provide the appropriate law enforcement agency and the
164 Department of Law Enforcement for the purpose of statewide data
165 sharing with an electronic copy of the name, address, phone
166 number, driver license number, or government-issued
167 identification number, and issuing state of the person from whom
168 the dealer purchased or acquired the precious metals or jewelry.
169 (7)
170 (d) Within 24 hours after the expiration of the 30-day hold
171 period for the property, the secondhand dealer shall must notify
172 the appropriate law enforcement agency and the Department of Law
173 Enforcement of the abandonment of the property by electronic
174 transmission or by sending a copy of the completed form
175 authorized by chapter 717 to the Department of Financial
176 Services, Division of Unclaimed Property.
177 Section 4. Paragraphs (a) and (b) of subsection (9) of
178 section 539.001, Florida Statutes, are amended to read:
179 539.001 The Florida Pawnbroking Act.—
180 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.—
181 (a) A pawnbroker shall must maintain a copy of each
182 completed pawnbroker transaction form on the pawnshop premises
183 for at least 1 year after the date of the transaction. On or
184 before the end of each business day, the pawnbroker shall must
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185 deliver to the appropriate law enforcement official and the
186 Department of Law Enforcement for the purpose of statewide data
187 sharing the original printed pawnbroker transaction forms or
188 printed copies of the digital pawnbroker transaction forms for
189 each of the transactions occurring during the previous business
190 day, unless other arrangements have been agreed upon between the
191 pawnbroker and the appropriate law enforcement official. If an
192 original printed transaction form is lost or destroyed by the
193 appropriate law enforcement official, a copy may be used by the
194 pawnbroker as evidence in court. When an electronic image of a
195 pledgor or seller identification is accepted for a transaction,
196 the pawnbroker must maintain the electronic image in order to
197 meet the same recordkeeping requirements as for the original
198 printed transaction form. If a criminal investigation occurs,
199 the pawnbroker must shall, upon request, provide a clear and
200 legible copy of the image to the appropriate law enforcement
201 official.
202 (b) If the appropriate law enforcement agency supplies the
203 appropriate software and the pawnbroker presently has the
204 computer ability, pawn transactions must shall be electronically
205 transferred to the appropriate law enforcement official and the
206 Department of Law Enforcement for the purpose of statewide data
207 sharing. If a pawnbroker does not presently have the computer
208 ability, the appropriate law enforcement agency may provide the
209 pawnbroker with a computer and all necessary equipment for the
210 purpose of electronically transferring pawn transactions. The
211 appropriate law enforcement agency retains shall retain
212 ownership of the computer, unless otherwise agreed upon. The
213 pawnbroker shall maintain the computer in good working order,
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214 ordinary wear and tear excepted. In the event the pawnbroker
215 transfers pawn transactions electronically, the pawnbroker is
216 not required to also deliver to the appropriate law enforcement
217 official or the Department of Law Enforcement the original or
218 copies of the pawnbroker transaction forms. The appropriate law
219 enforcement official may, for the purposes of a criminal
220 investigation, request that the pawnbroker produce an original
221 of a printed transaction form that has been electronically
222 transferred. The pawnbroker shall deliver this form to the
223 appropriate law enforcement official within 24 hours of the
224 request.
225 Section 5. This act shall take effect July 1, 2026.
226
227 ================= T I T L E A M E N D M E N T ================
228 And the title is amended as follows:
229 Delete everything before the enacting clause
230 and insert:
231 A bill to be entitled
232 An act relating to statewide data sharing of
233 secondhand dealer and pawnbroker transactions;
234 amending ss. 538.04, 538.19, 538.32, and 539.001,
235 F.S.; revising the recordkeeping, transaction, and
236 reporting requirements of certain secondhand dealers
237 and pawnbrokers to be shared with the Department of
238 Law Enforcement for the purpose of statewide data
239 sharing of such records, transactions, and reports;
240 providing an effective date.
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Statewide Pawn Database
Feasibility Study
November 4, 2025
Table of Contents
Executive Summary ............................................................................................................... 1
Overview of Study .............................................................................................................. 1
Findings ............................................................................................................................ 2
Recommendation .............................................................................................................. 2
Project Purpose and Scope .................................................................................................... 3
Purpose and Scope ............................................................................................................ 3
Methodology ..................................................................................................................... 3
Background .......................................................................................................................... 5
Current State Assessment ..................................................................................................... 7
Florida’s Pawn Landscape .................................................................................................. 7
Stakeholders ..................................................................................................................... 8
Regulatory ..................................................................................................................... 8
Reporting ....................................................................................................................... 8
Investigative ................................................................................................................. 10
Florida Law Enforcement Databases ................................................................................. 10
Statewide Data Sharing System ..................................................................................... 10
National Crime Information Center (NCIC) / Florida Crime Information Center (FCIC) ....... 11
Current Pawn Data Information Flow ................................................................................. 11
Current Legal, Privacy, Technical, Contractual, and Operational Barriers................................. 13
Legal and Privacy Barriers ................................................................................................ 14
Timing of Transaction Uploads ...................................................................................... 14
Current Public Disclosure Laws ..................................................................................... 15
Cost of the Statewide Pawn Database ........................................................................... 15
Handling of Firearms Transactions ................................................................................ 15
Technical Barriers ............................................................................................................ 17
Contractual Barriers ........................................................................................................ 17
Data Ownership ........................................................................................................... 18
Restrictions on Data Sharing with other LE Agencies ....................................................... 18
Termination Without Penalty ......................................................................................... 19
Historical Data Transfer upon Termination...................................................................... 19
Adding Additional Member Agencies ............................................................................. 20
Operational Barriers......................................................................................................... 20
Loss of Historical Data.................................................................................................. 21
Inability to Terminate Existing Contracts......................................................................... 21
Many Stakeholders are Unaware of the Problem ............................................................. 21
Lack of Marketplace Competition .................................................................................. 22
Options Analysis ................................................................................................................. 23
Target State ..................................................................................................................... 23
Minimum Capabilities .................................................................................................. 23
Statewide Pawn Database Components ........................................................................ 24
Benefits ....................................................................................................................... 26
Success Criteria ........................................................................................................... 26
Assessment Framework ................................................................................................... 27
Solution Options ............................................................................................................. 29
Core Components ........................................................................................................ 29
Data Collection Components ........................................................................................ 30
Required for All Options: The State Builds the Core Components ..................................... 31
Option 1 ...................................................................................................................... 31
Option 2 ...................................................................................................................... 34
Option 3 ...................................................................................................................... 38
Option 4 – Not Scored................................................................................................... 39
Solution Options Score Comparison.............................................................................. 40
Solution Options Cost Comparison ............................................................................... 42
Recommendation ............................................................................................................... 43
Additional Considerations ................................................................................................... 46
Desired Features ............................................................................................................. 46
Political Considerations ................................................................................................... 46
Appendix A: Interviewed Stakeholders .................................................................................. 48
Appendix B: Business Capability Model and Definitions ......................................................... 49
Appendix C: Target State Benefits Table ................................................................................ 52
Appendix D: Success Criteria ............................................................................................... 54
Appendix E: Cost Model Assumptions .................................................................................. 55
Build Core Components - applies to all solution options ................................................. 55
Option 2 - Buy Pawn Data Collection as a Service (DCaaS) .............................................. 57
Option 3 - Build and Operate the Data Collection Solution .............................................. 57
Option 4 - Buy Full Access (option not scored) ................................................................ 59
Table of Figures
Figure 1: Feasibility Study Elements .................................................................................... 3
Figure 2: Florida Pawn Data Collection Flow....................................................................... 11
Figure 3: Florida Pawn Data Queries ................................................................................... 12
Figure 4: Minimum Capabilities.......................................................................................... 24
Figure 5: Data Collection Components .............................................................................. 25
Figure 6: Representative Scoring Diagram (for illustrative purposes only) .......................... 27
Executive Summary
Overview of Study
As directed by the CS/CS/HB 1359 (2025), the Florida Department of Law Enforcement (FDLE)
has conducted a feasibility study to evaluate the viability of establishing a statewide pawn
database. The study examines the viability of providing a system that would be free of charge to
all Florida law enforcement agencies (LEAs), allowing them to access, update, and share pawn
data in real-time. It explores the ability to be interoperable with different law enforcement
databases, software solutions, and jurisdictions using established data standards. Finally, it
reviews necessary compliance with applicable privacy and security laws in addition to existing
laws regulating reporting of transaction data. In the context of this study, “pawn” refers to any, or
all, of the following: Pawnbrokers, Secondhand Dealers, Secondary Metals Recyclers, and Mail-
In Secondhand Precious Metals Dealers as defined in Chapters 538 & 539, Florida Statutes (F.S.).
Per these statutes, pawn transactions must be reported to law enforcement, resulting in the
collection of this data by Sheriff’s Offices and a handful of Police Departments. In the past, this
was accomplished by collecting paper tickets or accepting electronic submissions, but
currently, it is all electronic with very few exceptions. In the 2010s and early 2020s, data was
collected by several vendors and a few regional systems. In recent years, however, the market
has contracted, and only two vendors remain to collect pawn data. This has resulted in two
separate databases that do not share data with each other, using restrictive multi-year contracts.
Until a few months ago, LEAs had to pay both vendors if they wanted access to both sets of data.
One vendor now offers access to the data for free, but the other, larger vendor, continues to
charge for access. Many LEAs were unable to afford access to both systems and even with this
recent change, they may not be able to afford the system that charges to access the data.
Without access to the full set of pawn data from both databases, investigators are unable to
search for and recover stolen property or investigate related crimes, even in their own County, if
those transactions are being reported to the other database. Criminals have exploited this blind
spot, intentionally or otherwise, by traveling to other jurisdictions to sell stolen property.
This study examines the viability of creating a single statewide pawn database, allowing all law
enforcement to access all pawn data at no cost to their agency. The study assesses legal,
technical, financial, and operational aspects, utilizing a comprehensive methodology that
included interviewing over 20 stakeholder organizations, conducting legal and compliance
reviews, and performing an objective analysis of options.
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Findings
1. Feasible: Pawn shops are required to report pawn data to law enforcement per Chapters 538
and 539, F.S. While they are using vendors to collect and store this data today, the data could
be collected using the same, or alternative means, and stored in a statewide database
operated by FDLE.
2. Fragmented Data Landscape: Florida law enforcement currently relies primarily on two
commercial pawn data vendors, FINDER and LeadsOnline, resulting in two separate
repositories for pawn data.
3. Legal Constraints (Firearms): Florida Statute 790.335 presents significant barriers to
including firearms transaction data within a database. This limits the ability to recover stolen
firearms and investigate violent crimes.
4. Contractual & Financial Issues: Existing contracts often contain restrictive clauses
concerning data ownership and data sharing, complicating inter-agency sharing and
potentially resulting in the loss of historical data when agencies switch vendors. It also
causes local agencies to purchase system licenses independently, putting them at a
disadvantage compared to a central procurement that leverages greater collective
purchasing power. While existing statutes requires pawn shops to report data to law
enforcement, these contracts restrict access to the data such that law enforcement is not
able to fully utilize it for investigative purposes across jurisdictions.
5. Data Ownership: To eliminate vendor dependency and secure permanent ownership of
pawn data, the state must build and operate the Core Components of the system, including
the database, query interface, and tools to administer access to the system.
Recommendation
Based on the analysis, the most feasible solution is Option 2: Outsourcing Pawn Data
Collection as a Service (DCaaS) through a single vendor.
This approach offers the greatest value and feasibility for the state by:
Retaining State Ownership: The state builds and owns the Core Components, ensuring
FDLE controls data governance and privacy.
Reducing Financial Burden: The financial responsibility for data collection shifts from
local agencies to the state, eliminating these costs for local law enforcement.
Leveraging Expertise: It leverages the established data collection and POS integration
capabilities of specialized vendors through a competitive procurement process.
Firearms Data Access: This option allows for querying firearms transaction data, through
the use of a private third-party provider, as allowed by the exception in 790.335(3)(2), F.S.
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Project Purpose and Scope
Purpose and Scope
Note: In the context of this study, “pawn” refers to any, or all, of the following: Pawnbrokers,
Secondhand Dealers, Secondary Metals Recyclers, and Mail-In Secondhand Precious Metals
Dealers as defined in Chapters 538 & 539, Florida Statutes (F.S.).
Florida Law Enforcement Agencies (LEAs) are facing significant investigative challenges due to
the absence of a centralized, statewide pawn data system. Over the past two decades, law
enforcement agencies across Florida have relied on regional pawn transaction databases to
access records that are critical for recovering stolen property and generating investigative leads.
These databases rely on pawn data vendors contracted by Sheriff’s Offices and Police
Departments who pay for the collection, storage, and access of pawn transaction data. However,
LEA access to pawn data is limited in two primary ways. First, data is not consistently accessible
from one jurisdiction to another due to contractual data sharing restrictions with pawn data
sharing vendors. Second, not all LEAs pay for access to pawn data, and therefore cannot access
transaction records, even within their own jurisdictions. These limitations have hindered
investigations, especially those involving criminal activity across jurisdictions.
To address these challenges, the Florida Department of Law Enforcement (FDLE) has conducted
a feasibility study to evaluate the potential for implementing a statewide pawn database. This
study assesses the technical, legal, financial, and operational aspects of the system and
includes risks and constraints. The goal is to determine if a Statewide Pawn Database is feasible,
and if so, the most effective and sustainable approach to provide law enforcement with access
to all pawn data within Florida. The findings will inform the development of the Schedule IV-B
Legislative Budget Request, which FDLE may submit to secure funding for the proposed system.
Ultimately, the initiative aims to enhance law enforcement’s ability to recover stolen property,
generate leads for other criminal investigations and improve public safety through more unified
and efficient pawn data sharing.
The recommendations that are provided are based on actions FDLE can take now under existing
law. However, during interviews and analysis, additional topics were noted that are beyond the
direct and sole control of FDLE, and therefore outside the scope of this study. These topics are
documented in the “Additional Considerations” section of the Feasibility Study.
Methodology
To evaluate viable options for a statewide pawn database, this study engaged in a
comprehensive, multi-faceted approach to assess Florida’s current pawn landscape. The
following activities were conducted: Figure 1: Feasibility Study Elements
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Interviewed 20+ stakeholder organizations including
other states, law enforcement, professional
associations, and system vendors. A full list is
included in Appendix A: Interviewed Stakeholders.
Analyzed 80+ artifacts including contracts, legal
documentation, client-provided deliverables, vendor
specifications, etc.
Conducted a Legal and Compliance Review and
incorporated findings into the analysis.
Conducted an Interoperability Assessment and
incorporated findings into the analysis.
Assessed marketplace vendors on technical and investigative capabilities, costs,
contracting, and other factors.
Documented the Current State of Pawn Data Collection and Sharing in Florida
Completed an Options Analysis to describe, compare, and rate multiple methods to
implement a Statewide Pawn Database
Developed a Cost Benefit Analysis to determine costs to implement and a 10-year Total
Cost of Ownership (TCO)
Gathered expert input from subject matter experts in law enforcement, pawn operations,
data sharing, and related domains.
Conducted additional research on database architecture, data sharing models, and state
program administration.
These inputs were used to independently document, analyze, and develop the feasibility study.
4
Background
After the tragic events of 9/11, information sharing between government agencies was identified
as a critical failure by the 9/11 Commission. To address these issues, Florida law enforcement
began a concerted effort to share information with each other that would take over 15 years to
complete. Beginning with regional systems and culminating in the Statewide Data Sharing
System, Florida connected the Records Management Systems (RMS), Computer-Aided Dispatch
(CAD), and Jail Management Systems (JMS) from over 300 state and local law enforcement
agencies (LEAs) together. Pawn data was collected from many of the local agencies and a small
number of regional pawn systems, but that was not the primary focus. As investigators began
using the Statewide Data Sharing System as one of the primary tools, however, the value of pawn
data became increasingly clear. While primarily used for recovery of stolen property, pawn data
was being used to solve many other crimes where items stolen from a crime scene, or even the
murder weapon itself, were ending up in pawnshops. This led to a renewed focus to collect pawn
data from all jurisdictions in Florida. By 2019, 64 of 67 counties and several cities were sharing
pawn data in the Statewide Data Sharing System. The ability to search nearly all of Florida’s law
enforcement records, find associations, and generate leads in one system created an extremely
valuable tool that allowed law enforcement to solve numerous crimes and prevent violence,
including mass shootings.
While CAD, RMS, and JMS data remain in the Statewide Data Sharing System, changes in the
pawn vendor marketplace, restrictive contracts, and other factors have caused updates to this
pawn data to cease entirely. LEAs are left with two commercial systems that store the state’s
pawn records. Approximately half of the jurisdictions are in each system, and neighboring cities
and counties frequently use different systems, making access to both systems a necessity. This
required costly subscriptions to both systems until one vendor recently decided not to charge for
law enforcement access. However, the other, larger vendor still requires a subscription.
There appears to be a lack of awareness among some members of law enforcement, with a
general belief that whichever product they are using covers the whole state. Unfortunately,
criminals appear to be aware of the limitation in access to pawn records and will travel to other
jurisdictions to sell stolen property.
While Florida law enforcement find themselves in the circumstances that have led to the
creation of this Study, this is not the first time that a statewide pawn database has been
attempted. Around 2001, FDLE made efforts to establish a statewide pawn system which raised
privacy concerns around lawfully owned firearms and firearms owners. While the system was
built with support from all stakeholders, it was not funded and never became operational. It did,
however, lead to concerns from gun rights groups and the eventual passage of 790.335, F.S., in
5
2004, which prohibits the creation or maintenance of lists, records, or registries of privately-
owned firearms or their owners.
While a nearly complete statewide database of pawn data existed for a time in the Statewide
Data Sharing System, Florida currently lacks a centralized repository for pawn data, despite its
recognized value for investigations. Access is constrained by vendor control, restrictive contracts
around data ownership and inter-agency sharing, and financial burdens placed on local
agencies. This study aims to explore options for a statewide pawn database that ensure
consistent access for all Florida law enforcement, comply with 790.335 F.S., and are freely
available to law enforcement statewide.
6
Current State Assessment
Florida’s Pawn Landscape
Florida maintains a diverse and active pawn dealer landscape. This includes a considerable
number of licensed pawn shops, secondary metals recyclers, secondhand dealers, and mail-in
secondhand precious metals dealers operating across the state.
Key Market Statistics:
As of October 5, 2025, there are 1,138 active pawn shop licensees statewide according to
the Florida Department of Agriculture and Consumer Service (FDACS).
The Florida Department of Revenue (FDOR) does not publish the number of the licensees
they regulate (secondary metals recyclers, secondhand dealers, and mail-in secondhand
precious metals dealers), however, there are:
o As of 2012, the most recent publicly available data, FDOR stated that there were
5,384 active secondhand dealers.
o 109 members of the Florida Recyclers Association.
o ecoATM, a kiosk-based secondhand dealer/recycler of cell phones, MP3 players
and tablets, has 226 kiosks in Florida.
Market Characteristics:
Pawn shops range from sole proprietors to large corporate chains; most are small
independent businesses.
Larger shops typically use Point-of-Sale (POS) systems to manage and record
transactions.
o POS systems often support external data exports or interfaces for reporting
requirements.
Technical capabilities vary:
o Larger businesses’ POS systems often include application programming
interfaces (APIs) for automated data exchange.
o Smaller shops often rely on manual entry via a web-based data entry form.
Summary:
Florida’s pawn landscape reflects a wide range of business models and technical maturity. While
some consolidation is occurring, the market largely consists of independent operators. POS
system integration and manual data entry are an accepted part of doing business. While
transaction reporting is often seen as burdensome, it does not represent a barrier to creating a
statewide pawn database.
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Stakeholders
Florida’s pawn landscape is made up of regulatory, reporting, and investigative stakeholders.
Regulatory
Florida’s pawn landscape operates within a complex federal, state, and local regulatory
framework. Local agencies oversee transaction data to their law enforcement agency and
enforce these requirements. State agencies oversee licensing and reporting formats. Federal
agencies regulate other areas such as financial services and firearms sales for dealers that
engage in those activities, but for the purposes of this study, they are considered out of scope.
The following state and local stakeholders oversee and regulate the pawn landscape in Florida:
Florida Department of Agriculture & Consumer Services - Regulates and licenses
pawnbrokers under Chapter 539, F.S.
Florida Department of Revenue - Oversees licensing for secondary metals recyclers,
secondhand dealers, and mail-in secondhand precious metals dealers under Chapter
538, F.S.
Florida Department of Law Enforcement - Approves standardized pawn forms per
Chapters 538 and 539, F.S., manages the Statewide Data Sharing System, and operates
the Florida Crime Information Center (FCIC) and access to the National Crime
Information Center (NCIC). Maintains and provides access to “hot files” from FCIC/NCIC
that contain detailed information on stolen property, including stolen firearms.
“Appropriate Law Enforcement Officials” - The Sheriff of the County, Police Chief of the
municipality, or their designee that currently collects pawn data that is required to be
reported to them under Chapters 538 and 539, F.S. They also enforce reporting
requirements from these businesses.
Local Law Enforcement Agencies - Primary consumers of pawn data via queries on
pawn systems. Investigate property and other crimes using pawn and other types of law
enforcement data.
Reporting
These stakeholders are private businesses that report transactions to Appropriate Law
Enforcement Officials, the Point-of-Sale vendors, and the pawn data vendors that collect data on
the LEA’s behalf.
Reporting Entities
Pawnbroker: A person or business that provides a pawn, a short-term loan, by holding
pledged property as collateral. The property will be returned if the terms of loan are
satisfied, otherwise the item becomes the property of the shop. The businesses may also
engage in the purchasing of goods which includes consignment and trade.
8
Secondary Metals Recycler: A business operating from a fixed location that collects and
processes ferrous and non-ferrous metals to sell to businesses that recycle the metals, or
the businesses that process and recycle the metals.
Secondhand Dealer: A person or business engaged in the business of purchasing,
consigning, or trading secondhand goods. This includes businesses that purchase
secondhand goods through an automated kiosk.
Mail-in Secondhand Precious Metals Dealer: A Florida-based person or business that
contracts with others to buy, or regularly buys, precious metals or jewelry online, by mail,
or through telemarketing.
Point-of-Sale Vendors
These vendors offer solutions to support various aspects of pawn shop operations, including
inventory management, compliance automation, and customer engagement. These systems
typically offer the ability to export daily transaction data for the purpose of reporting to law
enforcement. More sophisticated vendors also offer APIs that allow direct uploads to Pawn Data
Vendors such as FINDER and LeadsOnline. While each of the industries have offerings specific
to their business functions (pawnbroking, scrap metal recycling, etc.) there has been a fair
amount of consolidation in recent years through mergers and acquisitions.
Pawn Data Vendors
FINDER: A system that was originally developed in conjunction with the University of
Central Florida, FINDER has been active in the data sharing space. It began regionally at
first, then as a component of the Statewide Data Sharing System. They have also had a
focus on pawn and offer a pawn system, collecting pawn data and query tools. FINDER is
used by approximately half of the Appropriate Law Enforcement Officials to collect pawn
data and has expanded outside of Florida, but does not have a substantial footprint in any
other states. FINDER does not share data with LeadsOnline, but in recent months has
offered query access to their pawn data at no charge to Florida law enforcement.
LeadsOnline: A commercial vendor that is used by approximately half of the Appropriate
Law Enforcement Officials to collect pawn data, including the largest jurisdictions (Tampa
Bay area, Broward, Miami-Dade, and Palm Beach Counties). LeadsOnline has a national
presence and has expanded into ballistic databases for the Bureau of Alcohol, Tobacco,
and Firearms, and other areas. LeadsOnline’s business model is based on selling access
to the data they collect and store; they do not share any data for free.
9
Investigative
These stakeholders are the primary users of pawn data for investigative purposes.
Property Recovery Units: Most LEAs have a group or detective focused on investigating
stolen personal and commercial property. These investigators frequently interact with
pawn dealers and generate the most queries of pawn data as they attempt to locate and
recover the property while arresting the responsible parties. These units typically
investigate Organized Retail Crime, as well, where groups of people coordinate large-
scale thefts.
Criminal Investigative Division (CID): The general investigations group within LEAs that
investigates many types of criminal activity. They typically search for items stolen from a
crime scene or associated with the crime. Queries of suspect names and other clues
often lead to associations with items sold to pawn dealers, such as a firearm used in the
crime or stolen property, helping generate further leads to solve the case.
Homicide Unit: The investigators responsible for solving murders often search for
suspects and missing items that may have been stolen by the suspect. While not a
frequent occurrence, murder weapons have been sold to pawn shops, leading to arrests.
Florida Law Enforcement Databases
Florida law enforcement agencies rely on a combination of systems and vendors to collect and
query pawn and secondhand dealer data. While a statewide data-sharing infrastructure exists,
its functionality is currently fragmented and incomplete, with several critical limitations.
Statewide Data Sharing System
FDLE manages a statewide database of information from nearly all state and local law
enforcement agencies. It is used to query names, vehicles, addresses, and other data to find
associations and generate investigative leads. At one time, 64 of 67 counties were contributing
pawn data to this system, but as of this writing, no pawn records are being added or updated to
the system.
The system consists of a combination of two solutions; FINDER and LInX (Law Enforcement
Information eXchange). The Regional Domestic Security Task Force (RDSTF) has seven
geographic regions. In 2017, the Central Florida Region voted to remain with FINDER, while the
other six regions opted to partner with the Naval Criminal Investigative Service (NCIS) and their
LInX system. FINDER, one of the two pawn data sharing vendors, also operates a data sharing
system that includes RMS, JMS, and CAD data. LInX is a national data sharing system that
connects to many other regions of the United States and also provides access to military law
enforcement records. In 2016, FINDER and NCIS created interfaces to allow each system to
access and query data from the other system. The current arrangement provides that LInX is the
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Statewide Data Sharing System with FINDER providing data collection and user interface for
Region 5. In the past, FINDER also provided pawn data to the Statewide Data Sharing System
(LInX). As of this writing, however, the interface between FINDER and LInX is no longer functional,
thus FINDER’s pawn data is no longer accessible in the Statewide Data Sharing system.
National Crime Information Center (NCIC) / Florida Crime Information Center (FCIC)
Operated by the Federal Bureau of Investigation (FBI) and FDLE, respectively, these criminal
justice databases support state-level and nationwide investigative queries. NCIC includes 22
searchable files, while FCIC mirrors NCIC for Florida-specific data.
NCIC is a nationwide database managed by the FBI that enables law enforcement to
share and access criminal justice data. NCIC feeds into “hot files” used to identify stolen
property, fugitives, and other investigative targets.
FCIC is Florida’s state-level counterpart to NCIC, managed by FDLE. FCIC compiles and
manages criminal justice data and contributes to hot file records accessible to law
enforcement statewide.
Current Pawn Data Information Flow
The Pawn Data Information Flow Process Chart visually outlines the multi-step journey of pawn
data collection and querying in Florida. Using standard flowchart symbols, it depicts how data
moves through the system, highlighting actions by pawnbrokers, secondhand dealers, and law
enforcement. It includes decision points and directional flows that define how pawn data is
collected and queried in the current state.
Figure 2: Florida Pawn Data Collection Flow
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Figure 3: Florida Pawn Data Queries
This mapping reveals a fragmented system that limits investigative reach across Florida. Law
enforcement agencies depend on two separate, proprietary databases which do not share data;
LeadsOnline and FINDER. As a result, many agencies lack full access to statewide pawn
records, creating blind spots that criminals exploit by crossing jurisdictions. The proposed
solution aims to unify these data sources and integrate them with broader investigative tools like
CAD, JMS, and RMS, closing critical gaps and enhancing statewide investigative capabilities.
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Current Legal, Privacy, Technical, Contractual, and
Operational Barriers
When evaluating the feasibility of implementing a statewide pawn database system, it is
essential to consider key barriers that may impact the viability of potential solutions. These
barriers fall into three primary categories: Legal, Technical and Operational. Each category
introduces distinct challenges that, individually and collectivity, contribute to the complexity of
solution options and implementation approach.
Legal and Privacy: This category encompasses laws, regulations and policies that may govern or
restrict the development, implementation, and operation of a statewide pawn database.
Note: this overview is not exhaustive and does not constitute legal advice. Prior to moving
forward, FDLE is encouraged to conduct a full legal review with qualified counsel and consider
preparing a privacy impact assessment to ensure responsible data handling and public trust.
Technical: Technical considerations include the infrastructure; system requirements and
limitations associated with building and maintaining the database. These may involve data
integration, cybersecurity, interoperability with existing systems, and scalability across
jurisdictions.
Contractual Considerations: Contractual considerations include items identified from existing
terms and conditions that may contractually limit agency participation in a statewide system.
Operational: Operational challenges refer to the practical implications of implementation on
stakeholders such as LEAs, pawn dealers, point-of-sale (POS) vendors, and pawn software
providers. Additionally, existing contractual obligations may restrict or delay the adoption of
certain solutions, either partially or fully, during the implementation phase.
Each of these categories must be evaluated not only in isolation but also in relation to one
another, as their interdependencies can influence the feasibility and design of the final solution.
The recommendations in this section are based on the following criteria:
Compliance with existing Florida statutes
Highest feasibility from a legal/political, technical, or operational standpoint.
Greatest benefit to law enforcement agencies/users.
Data sharing best practices.
This section of the study outlines the primary factors that shaped the decision-making process
and highlights future considerations the State may need to address to ensure program longevity.
13
Legal and Privacy Barriers
There are several laws, regulations and statutes that govern pawn data within the State of
Florida. A detailed Legal and Privacy Compliance Review was conducted and the relevant
findings are documented in this report. The review assessed federal and state laws, regulations,
and policies that may have an impact on the establishment and operation of a Statewide Pawn
Database. During the review, no federal laws or case laws were found to impact the creation or
operation of a statewide pawn database.
However, there are several state laws that could pose potential challenges. For this study, Florida
Statutes, Florida Administrative Code, Attorney General Opinions, and Florida policies were
reviewed and analyzed for their applicability to a Statewide Pawn Database. Most items are
straightforward and do not represent challenges to a Statewide Pawn Database but collecting
firearms transaction records and a lack of public record exemptions for Secondhand Dealers,
Secondary Metals Recyclers, and Secondhand Precious Metals Dealers may complicate efforts.
In evaluating the various state laws, there are four key considerations:
The requirement for “Real-Time Reporting”
Current public disclosure laws
Cost of the Statewide Pawn Database
Handling of Firearm Transactions
This section will address each of the following in more detail.
Timing of Transaction Uploads
CS/CS/HB 1359 (2025) states that a statewide pawn database shall, “Allow law enforcement
agencies in all counties in the state to access, update, and share pawn data in real-time.”
This requirement poses a challenge as it conflicts with current laws and operations.
Chapters 538 and 539, F.S., require transactions to be reported within the following timeframes:
Secondhand Dealers: within 24 hours of acquisition.
Secondary Metals Recyclers: by 10 a.m. of the business day following the date of the
purchase transaction.
Mail-in Secondhand Precious Metals Dealers: within 24 hours after entering into the contract.
Pawnbrokers: by the end of the following business day.
To have “real-time” reporting, existing statutes would need to be amended to update the
reporting requirement for all stakeholders. In practice, however, many dealers feel that current
reporting requirements are burdensome and most POS systems, if shops have them, are not
14
capable of real-time data uploads. For these dealers and their POS systems, it would be
technically feasible, assuming the statute is updated, or dealers voluntarily comply.
Current Public Disclosure Laws
Unlike Chapter 539, F.S., that explicitly provides confidentiality and exemption from Chapter 119
public records requests, Chapter 538 does not include language stating that transaction records
from Secondhand Dealers, Secondary Metals Recyclers, and Mail-in Secondhand Precious
Metals Dealers are confidential and exempt or restricted to official law enforcement purposes.
This omission could potentially make FDLE responsible for responding to public records
requests for these records.
The Legislature could amend Chapter 538, F.S., to include language similar to those in Section
539.003 to address this concern. This change would also provide greater privacy for customers
that conduct transactions with these entities covered by Chapter 538.
Cost of the Statewide Pawn Database
Under current law, Secondhand Dealers, Secondary Metals Recyclers, Secondhand Precious
Metals Dealers, and Pawnbrokers are required to transmit transaction records using “appropriate
software” provided by the Appropriate Law Enforcement Official in their jurisdiction. If the dealer
lacks the necessary equipment, the law enforcement agency may also be responsible for
supplying a computer or other hardware. As a result, the financial burden of reporting pawn data
typically falls on law enforcement agencies, which currently use systems such as FINDER or
LeadsOnline to fulfill this obligation.
If the Statewide Pawn Database relies on data collected or aggregated from these third-party
systems, it may not truly be “provided free of charge.” Agencies could still be required to
maintain costly annual subscriptions to vendors such as FINDER or LeadsOnline to collect and
transmit the data to the statewide system.
One potential approach to address this issue is to consider the mechanism for collecting
transaction data directly from dealers as an integral part of the Statewide Pawn Database. If this
component were funded by the State, it could be provided at no cost to all law enforcement
agencies other than FDLE. Alternatively, funding for the database could be provided through the
Department of Agriculture and Consumer Services or the Department of Revenue, as these
agencies currently regulate Chapters 539 and 538, respectively. This approach could ensure that
the system could be provided at no cost to all law enforcement agencies across the state.
Handling of Firearms Transactions
790.335, F.S., which prohibits the creation or maintenance or lists, records, or registries of
privately-owned firearms or their owners. Violations of 790.335 for those who, “knowingly and
15
willfully keep or cause to be kept any list, record, or registry” carry serious consequences,
including fines of up to $5 million. The “Cause to be kept” wording portion involves risk for FDLE
as it is open to interpretation. However, 790.335 allows for a private third-party to collect and
store firearms transactions but reporting would be voluntary and the data would be limited
compared to the data collected by the Appropriate Law Enforcement Official today.
If a private third-party provider collects firearms transactions, only the manufacturer, model,
serial number, and caliber can be reported; the seller or pawner’s personal identification and
details cannot be reported. The limited data is useful for locating stolen firearms when these
details are known but would be of no value to investigators searching by suspect name in
homicides and other violent crimes. Firearms transactions collected by Florida’s Sheriff’s Offices
and Police Departments can be retained for 60 days; if a private third party collects firearms
transactions, they can only be retained for 30 days. In many criminal cases, it can take several
months for leads and suspects to be identified, making this restriction limiting for investigators.
To collect firearms data, the solution would need to:
Use a Private Third-Party Provider: firearms transaction data would need to be collected
and stored by a “[T]hird-party private provider that is exclusively incorporated, exclusively
owned, and exclusively operated in the United States and that restricts access to such
information to only appropriate law enforcement agencies for legitimate law enforcement
purposes.” To retain ownership of this data, it is recommended that FDLE explore the
possibility of using a not-for-profit to store and provide lawful access to this data. That
could provide the separation and privacy intended by 790.335, F.S., while also providing
greater security and ownership of the data. There are not-for-profits in other areas of state
and federal government such as healthcare and social services that serve as neutral
database owners and administrators, so this could be a viable option for Florida law
enforcement.
Collect Limited Firearms Data: The limited data firearms data is valuable to
investigators searching for stolen weapons as interviewees said that is the most common
search they perform on firearms. Stolen firearms are commonly used in crimes and
ballistic testing could tie the weapons to other cases.
Purge Firearms Data After Requisite Time Period: While investigators will have limited
time to search, purging firearms data will ensure compliance with Florida statute. This
limits the investigative value for violent crime investigations but does not limit stolen
firearm recovery as stolen firearms data will remain in FCIC/NCIC. Dealers will continue
to check FCIC/NCIC for stolen weapons. Integrating the FCIC/NCIC stolen firearms data
with the Statewide Pawn Database, via queries or “hot list” checks upon entering or
uploading serial numbers may result in higher numbers of stolen firearms being reported.
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Technical Barriers
Through interviews with stakeholders, one of the primary technical challenges identified was the
integration and interfacing required for successful reporting from the pawn shops. Florida pawn
shops range from large, commercial chains to small independently-owned locations and sole
proprietors, each with varying levels of technical capability. Some pawn shops have existing
integrations with LeadsOnline and FINDER through their POS systems, while others rely on
manual data entry via web-based forms. The technical solution must be flexible enough to
accommodate all pawn shops in a manner that ensures effective data capture with minimal
disruption to daily operations.
To do so, it is recommended that the solution includes:
A Mobile-Friendly Web Interface: For pawn shops lacking advanced technical
infrastructure, the solution should include a user-friendly web interface that allows for
easy data uploads. Ensuring mobile compatibility will help increase participation,
particularly among smaller, resource-constrained shops, and increase the number and
quality of photos provided by dealers.
POS Integration Complexity: To streamline integration across various POS systems, the
solution must leverage widely adopted standards and APIs. This approach will support a
broad range of technical environments and ensure the system remains adaptable and
scalable for future needs.
Contractual Barriers
This study conducted a review of pawn-related contracts and agreements from five Florida
municipalities, as well as one regional contract from the Metropolitan Washington Council of
Governments (“MWCOG”), which encompasses agencies across Maryland, Washington D.C.,
and Virginia. The Florida contracts reviewed include:
The Town of Davie.
City of Coral Gables “piggyback” contract using Miami-Dade County’s contract.
The City of Hialeah.
Fort Myers Police Department.
North Port Police Department.
Each contract was evaluated to identify existing terms and conditions that may contractually
limit agency participation in a statewide system.
The following section presents a summary of key findings and implications, recommended best
practices for future contracts, and where applicable, examples of relevant contract language
extracted from existing agreements for the following contractual limitations identified:
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Data Ownership
Data Sharing Restrictions
Termination without Penalty
Historical Data Transfer Upon Termination
Adding Additional Member Agencies
Data Ownership
In the contracts reviewed for the study, pawn vendors clearly delineated ownership of the
software and its associated intellectual property. However, there was a significant variance
between contracts regarding data ownership with some agreements explicitly outlined
ownership while others remained undefined, leaving ownership up to interpretation based on
implied language. Most notably, the more explicit contracts extend the scope of data ownership
beyond specific “Agency Files” to include all information submitted by reporting agencies.
Potential Considerations
The State should define "Agency Data" to include all data that is provided by the Agency,
data reported by businesses in its jurisdiction, and any data or analyses generated
through the Agency's use of the system.
Explicitly state that the Agency retains full and perpetual ownership and full rights for all
Agency Data, with unambiguous language to protect the agency over the lifetime of its
data use during and after the contractual term.
Consider including contract language that allows individual Agencies the ability to
download their data at any time in a common machine-readable format.
Restrictions on Data Sharing with other LE Agencies
All contracts include language restricting Agencies from sharing stored and collected data with
other law enforcement agencies. Some contracts further restrict search queries on behalf of
other agencies and they may disclose information to other law enforcement agencies necessary
for the investigation of cases that are solely or partially that agencies responsibility to investigate
and prepare for prosecution.
This concern will be addressed by the proposed solution, which would enable the State to
manage user access and maintain full control over the collected data.
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Potential Considerations
Replace language restricting data sharing with language that specifically safeguards
against license misuse or access by non-participating agencies, while allowing
appropriate data sharing for authorized users
The contract should allow for a reasonable number of queries on behalf of other law
enforcement partners to assist with investigations, task forces, etc. A field for this input
can be added to the query screen and results from these queries should be allowed to be
shared.
Accounts should be monitored for excessive queries/sharing for another user/agency with
provisions to pay extra if the queries are found to be necessary or to restrict the user’s
access if it is deemed abuse.
Termination Without Penalty
One of the contracts allows cancellation with 30 days’ notice and states there are no early
termination charges for service/maintenance during the year, contingent upon annual
appropriation. The other contracts reviewed allow termination if funding is not appropriated with
60 days’ notice.
Potential Considerations
For future and renewing contracts, include a clause that allows an agreement to be
terminated for convenience by the local government, with reasonable notice. Ensure the
clause states that early cancellation is not subject to early termination fees, cancellation
charges or other penalties.
Historical Data Transfer upon Termination
Some reviewed contracts had robust provisions, requiring the vendor to return all Agency-
submitted data, data reported by businesses within the Agency’s jurisdiction (including data
migrated from prior systems), and transaction data collected by the vendor through separate
agreements that pertain to the Agency’s jurisdiction. The language also specifies that the data
must be transferred in a mutually agreed upon format and requires the vendor to confirm
deletion upon retrieval.
Potential Considerations
Contracts should ensure that the vendor transfers all Agency data to the Agency upon
contract termination or expiration, regardless of the reason for termination.
Transferred data should include all data originally submitted by the Agency, data reported
by businesses within the Agency’s jurisdiction, data migrated from previous systems and
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transaction data collected by the vendor that pertains to the Agency’s jurisdiction that is
collected via separate agreements.
Specify that the transferred data must be transmitted in a mutually agreed upon,
machine-readable, and widely compatible format such as SQL, CSV, or XML, to allow the
Agency to fully utilize the data independently.
Require the vendor to provide written confirmation of data deletion.
Explicitly state that the data transfer and deletion clause survives the termination or
expiration of the contract.
Adding Additional Member Agencies
Two of the contracts provide a clear framework for a central entity to manage data collection,
subscriptions, payments, and compliance and allow for additional member agencies to be
added to the pre-existing contract via amendment. MWCOG contract provides a clear framework
for a central entity to manage subscriptions, payments, and compliance for multiple listed
member agencies, with a process for adding new agencies via written amendment. This
mechanism safeguards future agencies from significant price increases in case they wish to
adopt the chosen solution after implementation.
Potential Considerations
This clause is helpful in case Agencies that are bound by contractual terms cannot
partake in the initial implementation phase and opt to participate at a later point in time.
If the Agency intends to act as a primary contracting entity for multiple smaller or partner
agencies, include a dedicated clause detailing the process for adding or removing these
"member agencies" under the primary contract.
Operational Barriers
Operational Considerations deal with factors that may impact or cause disruption to the pawn
dealers, local law enforcement agencies, or other stakeholders who rely on pawn data for their
day-to-day operations. These factors need to be considered when determining viable solutions.
The operational considerations observed are:
Loss of Historical Data.
Inability to Terminate Contracts.
Stakeholder Unawareness.
Lack of Marketplace Competition.
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Loss of Historical Data
One of the most significant operational challenges agencies may face when transitioning to a
new vendor or system is the potential loss of historical pawn data. This data is critical for
property recovery efforts and ongoing investigations, and losing access to it could severely
impact law enforcement operations.
In many cases, historical data is tied to the terms of existing vendor contracts. Agencies may be
required to pay fees to retrieve their data or may be unable to access it altogether if the vendor
does not release it. While Florida Statute 119.0701, F.S., mandates that vendors disclose public
records, its enforcement is subject to interpretation and may not guarantee access to historical
data in all scenarios.
There is no universal solution to this issue. Agencies that can obtain their historical data could
import it into the Statewide Pawn Database. However, others may face the risk of permanent
data loss unless they:
Pay for access to historical records,
Renegotiate contract terms to include data portability provisions, or
Maintain legacy vendor agreements indefinitely to preserve access.
This barrier must be carefully considered during planning and procurement to ensure continuity
of investigations.
Inability to Terminate Existing Contracts
Many agencies are in multi-year contracts with their existing pawn vendors and have
encumbered associated funding. These contractual obligations may prevent immediate
transition to the Statewide Pawn Database, even if the new system is ready for deployment.
To address this, FDLE should plan for a phased onboarding approach, allowing agencies to join
the new system as their existing contracts expire. In the interim, agencies may need to continue
funding and using their current systems until their contractual commitments are concluded.
Many Stakeholders are Unaware of the Problem
This study found that while police investigators are acutely aware of the challenges surrounding
pawn data access, many Sheriff’s Offices were unaware of the issues, largely because they have
access to both FINDER and LeadsOnline, which minimizes their exposure to the issue.
This lack of awareness presents a significant operational barrier. Education and outreach are
essential to ensure broader understanding of the problem. FDLE has an opportunity to
collaborate with organizations such as the Florida Sheriffs Association and the Florida Police
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Chiefs Association to inform agency leadership about the limitations and disparities in pawn
data access.
Lack of Marketplace Competition
Currently, FINDER and LeadsOnline are the only pawn data vendors with notable market
presence in Florida. While both are privately held, LeadsOnline appears to be significantly larger,
with approximately 139 employees compared to 36 at FINDER’s parent company, Vetted Security
Solutions according to publicly available data. LeadsOnline also holds major federal contracts,
including a $390 million award for the ATF’s National Integrated Ballistic Information Network
(NIBIN), and has completed four major acquisitions in the past three years, most notably, the
purchase of competitor Business Watch International. The possibility of LeadsOnline attempting
to acquire FINDER is a risk to both the existing marketplace and to some options to implement a
Statewide Pawn Database.
Given this landscape, the vendor selected through the State’s procurement process will have a
substantial influence on the rest of the state. The winning vendor will shape how agencies
migrate to the new system and determine the ease or difficulty of accessing historical data.
Agencies currently using a different vendor may face challenges in retrieving legacy data,
depending on contract terms and vendor cooperation.
To mitigate these risks and promote long-term sustainability, the State should consider a
collaborative approach with the private sector. A Statewide Pawn Database that can meet law
enforcement needs while preserving the value-added services offered by private vendors. This
model would allow CAD, RMS, data sharing, pawn, and other systems to access the data (with
FDLE approval), giving agencies flexibility in how they query and analyze information.
This approach not only supports interoperability and innovation but also helps ensure continuity
of investigative capabilities across agencies, regardless of their current vendor relationships.
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Options Analysis
After documenting the current state, reviewing barriers, and considering the goals of CS/CS/HB
1359 (2025), a target state was developed for the Statewide Pawn Database. For pawn data, the
target state is the minimum viable solution that would allow the State to own, capture, and store
pawn data. This section details the components required, such as the minimum capabilities
necessary for the target state solution, the benefits that need to be achieved, and how success
will be measured. These distinct categories will be used to assess each solution option to
determine how well it meets the target state objectives. The analysis also considers if any
solutions pose risks or challenges that would prevent any of the core objectives of the target
state from being feasible.
Target State
The target state is a statewide pawn database with a database, search tools, and administrative
functions built by FDLE and data collected separately. The data collection services could be
performed by existing vendors, new entrants, or FDLE itself. To create the target state, the first
step was to determine what capabilities are requires, at minimum, for the solution to be
considered viable.
Minimum Capabilities
As shown in Figure 4: Minimum Capabilities, a statewide pawn database must have the
following minimum capabilities to support the ownership, collection, storage and sharing of
pawn data:
Administrative Features: The State must have the ability to administer the solution
(create/manage accounts, audit, etc.) for authorized law enforcement and pawnshop
users.
Transaction Management: The State must have ownership and control of all pawn
transaction data, excluding firearms transaction data, except as allowed by the provisions
of 790.335, F.S.
Investigative Tools: The solution must provide the ability for all authorized law
enforcement agencies (LEA) and investigators to query the data.
Dealer Compliance: The solution must support dealer compliance with transaction
reporting through reports and alerts that can be used by local LEAs for oversight and
enforcement of dealers within their jurisdiction.
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Figure 4: Minimum Capabilities
The business capability model in Figure 4: Minimum Capabilities above outlines the
capabilities considered for a statewide pawn database. The capabilities are further defined in
Appendix B: Business Capability Model and Definitions. The core capabilities of the target
solution are the ability to collect, store and share pawn data across the State of Florida. This
foundational functionality represents the minimum viable product (MVP) necessary to meet the
system’s primary objectives.
While additional features such as “Support Predictive Modeling”, “Analyze Trends and Patterns”,
“Generate Reports and Dashboards,” and “Gather Success Stories” may offer valuable
enhancements to the system’s utility, they are considered advanced rather than essential
features and are not required for the system to fulfill its core mission. As such, they are not
included in the MVP used for this analysis.
The intended target state solution will be designed with the flexibility to support more advanced
capabilities through API integration with external systems. This allows LEAs to implement
enhanced reporting capabilities as needed, using third-party solutions to perform integrated
query and analytics with the Statewide Pawn Database and other datasets.
Statewide Pawn Database Components
As previously mentioned, the target state solution must collect, store and provide query access
to pawn transaction data. The solution must ensure that the State owns the data. The required
System Core Components are as follows:
A data interface to ingest pawn data.
A database to store pawn transactions.
A user interface for law enforcement agencies to query pawn data.
A user interface for system administration.
An API interface for external systems.
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Data Collection Components are the System components necessary to collect pawn and
secondhand transaction data from the various dealers and would comprise of the following
elements:
A web-based user interface with a data entry form for dealers to report transaction data.
A data interface to integrate with Point-of-Sale systems for automated transaction
reporting by dealers.
Temporary storage of firearms data in a private third-party provider database in
compliance with 790.335, F.S.
Figure 5: Data Collection Components
Separating the solution into two distinct component categories enables a more targeted analysis
of each part, especially when considering existing legal constraints pertaining to the use of
firearms data. 790.335, F.S., prohibits government from creating or maintaining a list, record, or
registry of legally owned firearms or law-abiding firearm owners. The one exception provided by
this law is for a private third-party provider to collect limited firearms information and provide
access to law enforcement for legitimate law enforcement purposes. This could allow for a
vendor to collect the firearms transactions along with the other pawn transactions as long it is
transmitted and stored in a separate database that is not maintained by a government agency. As
described in the Handling of Firearms Transactions section, it is recommended that FDLE
explore the possibility of using a not-for-profit to store and provide lawful access to this data.
For the purposes of analysis, these two types of pawn transactions have been separated. By
isolating the firearms transaction data from the broader system, the benefits, limitations, and
legal feasibility of each part can be assessed independently. This allows for a more strategic
pairing of viable components, ensuring that the integrated solution is effective and compliant.
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Benefits
As part of the feasibility study, a review of CS/CS/HB 1359 (2025) and stakeholder interviews
were conducted to identify and define the key benefits the system must deliver. Identifying the
benefits is essential as it supports the viability of different solution options and ensures that the
selected solution aligns with stakeholder needs, regulatory constraints, and operational goals.
The identified benefits informed both the options analysis and the evaluation criteria, serving as
a foundation for assessing which components of the system are most valuable and feasible.
The full benefits table can be found in Appendix C: Target State Benefits Table which outlines
which stakeholders receive each benefit in addition to how those benefits are realized and
measured. These benefits are summarized below:
Data Availability & Ownership: Pawn and other related data collected and managed at
the state level will improve oversight and compliance with state laws.
Data Accessibility & Sharing: Allow law enforcement agencies in all counties to access,
update, and share statewide pawn data.
Interoperability: The solution is interoperable between different law enforcement
databases, software solutions, and jurisdictions. The solution can be integrated with
existing tools for advanced analytics and reporting.
Reduced costs for Law Enforcement: Access to pawn data is provided for free or at
reduced cost for law enforcement agencies.
Security: The solution complies with FBI CJIS Security Policy and other policies and laws.
Success Criteria
In addition to determining what benefits the Solution must deliver, stakeholders also defined
what a successful implementation would look like. Through interviews and research, the
following success criteria were developed and integrated into the evaluation framework and
options analysis to provide a clear benchmark for assessing potential solutions.
A summary of the success criteria is provided below. A detailed table of the criterion, including
the associated measurement tools and benefitting stakeholders is located within Appendix D:
Success Criteria.
Data Availability and Accessibility: Pawn data from the entire state is accessible,
complete, accurate and timely to support property recovery and other types of
investigations.
Minimally Disruptive Implementation: The ease with which the solution can be adopted
by LEAs, pawnshops, pawn data vendors, and POS vendors with minimal disruption to
private businesses.
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Retention of Historical Data: The solution’s ability to preserve and provide access to
legacy data for reporting, compliance, and analysis.
Solution Affordability: The total cost of ownership of the solution that delivers the best
value to the state and reduces the burden on local LEAs.
Solution Flexibility: The ability of the solution to adapt to changing crimes and
investigative needs, and to scale for other data types, and changes to legislation.
Assessment Framework
After reviewing and understanding the findings of the current pawn landscape, an assessment
framework was created to provide an objective comparison of the solution options. The
framework evaluates how well each option aligns with the desired future state by scoring them
against a defined set of criteria, organized into four key categories: Operational Value, Technical
Value, Risk and Cost.
Each solution option was evaluated using a scoring system designed to measure alignment with
the target state. A raw score from 1 to 5 was assigned to each assessment criterion, where 1
indicates poor alignment and 5 indicates optimal alignment. To reflect the State’s strategic
priorities identified through stakeholder interviews, each criterion was also weighed. Categories
were either assigned a standard weight or a double weight, with the latter indicating a higher
priority and greater influence on the overall evaluation.
Figure 6: Representative Scoring Diagram (for illustrative purposes only)
Scoring formulas:
– Weight * raw score = weighted score
– Sum of weighted scores = total option score
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Assessment criteria definitions and weights were agreed upon in working sessions with FDLE,
and are reflected in the following table:
Table 1: Assessment Criteria
Category # Criteria Weight Description
The degree to which the solution aligns with
Business
1 Double FDLE’s strategic goals, priorities, and
Alignment
mission.
Operational
Value The extent to which pawn transaction data,
Data including firearms data, is accessible,
2 Double
Availability complete, and up-to-date to support the
solution.
How well can the solution leverage existing
architecture, tools, and standards; support
Technical
3 Full various business processes within and
Alignment
between agencies; and meet business and
functional requirements and capabilities.
The solution includes a robust security layer
with standards-based controls, monitoring,
4 Security Double
and remediation. It complies with the FBI
CJIS Security Policy.
Technical
Value The degree to which the solution can adapt to
future changes in business and investigative
needs, legislative changes, scale, or
Solution technology without significant rework. This
5 Full
Flexibility includes the ability to scale, integrate with
other systems, support configuration
changes and accommodate future
enhancements with minimal disruption.
Technical The degree to which the proposed solution
6 Full requires advanced, specialized, or resource-
Complexity
intensive technical design, configuration,
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customization, integration, or ongoing
support.
The degree the solution is capable of ongoing
maintenance, including upgrades, patches,
and enhancements without significant risk of
7 Maintainability Full service disruption. This includes resilience to
changes such as vendor transitions or
software platform updates, ensuring
continuity and stability over time.
The degree to which the solution minimizes
implementation or technical challenges and
avoids the need for legislative or regulatory
Risk 8 Risk Double
changes to achieve full mission realization.
This is an inverse category; lower risk = higher
score.
The solution is affordable and provides the
best value for FDLE, law enforcement
Cost 9 Cost Full agencies, or local dealers to implement and
operate. This is an inverse category; lower
cost = higher score.
Solution Options
Following a review of the current state challenges and the desired target state, solution options
were identified for the two distinct components of the statewide pawn database system: Core
Components and Data Collection Components.
Core Components
To address key issues such as vendor dependency and limited access to statewide data, it is
essential that the Core Components be built and operated by the State. This approach ensures
state ownership and control over the system’s data, for sharing, analysis, reporting, and
monitoring. This proposed solution would only address the foundational elements necessary to
meet the statewide pawn data requirements. It would not include advanced features, allowing
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agencies to continue leveraging their existing vendor contracts for enhanced tools while
providing free access to basic data and functionality through the State-managed system.
Key benefits to this option include:
Ensuring full control over system design, data governance and privacy.
Eliminates vendor lock-in and reduces long-term licensing costs.
Establishes a consistent and secure foundation for statewide data access.
As this is the only viable approach for the Core Components, it will not be scored separately.
Instead, it will serve as the foundation for evaluating the Data Collection Component options.
Data Collection Components
Data Collection
After analyzing the current state, target state and related requirements, this study identified four
potential implementation paths to consider for the data collection component:
Option 1: Buy Access to the Data
In this option, the State pays a reasonable fee to the vendors for pawn data they already
collect, ensuring agreements allow broad statewide use.
Option 2: Outsource Pawn Data Collection as a Service
The State hires one vendor to collect pawn data from all pawnshops, replacing current
POS and web integrations. The vendor manages integrations, tracks compliance,
supports shops, and provides the data and ownership to the State.
Option 3: Build and Operate the Data Collection Solution
The State builds its own data collection system and requires dealers to report
transactions directly.
Option 4: Procure a 3rd Party End-to-End Solution
The State selects a single vendor for a statewide Pawn Data Collection System, covering
licenses for all law enforcement. The solution would exceed minimum requirements with
enhanced analytics and replace all existing systems.
The rest of the section addresses each option in detail against the Assessment framework,
including their evaluation scores, benefits, challenges, considerations, and cost.
Detailed cost model assumptions are documented in Appendix E: Cost Model Assumptions.
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Required for All Options: The State Builds the Core Components
This element is not scored separately. It is a required foundation for all options. While Data
Collection Components may be outsourced, state ownership of the Core Components ensures
data ownership and access without vendor dependency.
Key Benefits
FDLE retains full control over system design, data governance, and privacy.
Avoids vendor lock-in and long-term licensing costs.
FDLE owns and manages all data (with the exception of firearms data if it is included)
within the core system.
Costs
The estimated 10-year Total Cost of Ownership (TCO) to build the core components is
$1,958,356.
Table 2: Core Components Costs
Option 1
The State pays a reasonable fee to Pawn Data Collection Vendors for the data they are already
being paid by Appropriate Law Enforcement Officials to collect. The terms of these agreements
must include broad rights for statewide use.
Table 3: Option 1 Scoring
Raw Criteria
Criteria: Wt. Rationale
Score Total
Existing vendors are already providing this
service and can provide the fastest
implementation timeline. Negligible impact
Business
Alignment
2 5 10 to the vendor market and limited disruption
Operational to the marketplace. Local agencies can
Value continue using existing vendors for
additional features.
Pawn data is already available and being
Data
Availability
2 5 10 collected through integrations or interfaces
with pawn POS systems.
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Vendor platforms can leverage existing
Technical
Alignment
1 5 5 infrastructure and integrations for data
ingestion, reducing implementation friction.
Leading vendors meet rigorous security
standards including FBI CJIS Security Policy,
Security 2 5 10 SOC 2, FIPS 140-2, and TLS 256-bit
encryption.
Existing pawn vendors are leaders within the
marketplace, with proven agility in adjusting
Flexibility 1 5 5 to law enforcement's technical needs for
ingesting pawn data.
Technical
Value Established platform integrations reduce
implementation complexity of collecting
Technical
Complexity
1 5 5 pawn data; developing integrations to
connect to State database is relatively
simple.
Vendors have strong market presence, but
future maintainability may be impacted by
pricing volatility and vendor willingness to
Maintainability 1 2 2 participate. Short-term solution if a vendor
chooses to no longer provide data or price
out the State, requiring the State to pursue
other options.
Solution is stable during contractual period
Risk Risk 2 4 8 as it provides the data with minimal
implementation risk or technical challenge.
Pricing is unpredictable as vendors must
agree to the pricing and terms required by
the State. The State must negotiate with
Cost Cost 1 4 4 vendors for a fair and reasonable price.
Caveat that the pricing should not exceed
the TCO Cost of Option 2. If so, this option is
no longer viable.
This option includes vendor storage/query
Firearms Data Availability N/A Yes N/A access to firearms data in compliance with
790.335, F.S.
Benefits
Minimal Operational Disruption: This option offers the simplest implementation path
with minimal disruption to current LEA, dealer, or vendor operations.
Established Infrastructure: Existing integrations between pawn dealer point-of-sale
systems and web interfaces are already in place, effectively eliminating the need for new
technical development.
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Continuity for Local Agencies: Local agencies can continue leveraging their existing
contracts to access additional tools and resources without interruption.
Data Access for Current Vendors: Current pawn vendors will retain access to their
existing data and would likely gain access to additional data from other vendors.
Challenges/Risks
Vendor Data Sharing Dependency: The feasibility of this approach relies heavily on the
willingness of current pawn vendors to share their data. Historically, these vendors have
maintained their data within proprietary systems and have been reluctant to make it
accessible for a reasonable fee.
Uncertain Cost Structure: There is limited visibility into the pricing models that pawn
vendors may adopt for offering data-only services. This introduces the risk that existing
pawn vendors may not propose reasonable or cost-effective fees for providing data-only
access to the State.
Paying for Data Twice: While this option presumes a fair price is offered by the vendors, it
sets the precedent that the State is willing to pay for data that local agencies have already
paid to have collected.
Considerations
Data Ownership and Usage Rights: Contractual agreements must include clear and
enforceable terms that establish the State’s ownership of the data and grant the State the
right to use and share pawn data for law enforcement purposes. While these terms are
essential, they will require agreement from participating pawn vendors.
Historical Data Access: The State should consider requesting historical data as part of
the contractual terms for business continuity and completeness of data if it can be
acquired at a reasonable cost.
Vendor Incentives: One potential incentive for existing pawn vendors is access to
aggregated pawn data collected from competitors. This could enhance overall data
quality and provide value to vendors, dealers, and local agencies.
Short-Term Viability: This option represents a short-term solution and is subject to
change if a vendor chooses not to comply with contractual terms, raise prices
significantly, or chooses not participate in the future.
Costs
Reliable Data for a Cost Model is not Available
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This option depends on a non-standard deal structure.
There is no reliable precedent to estimate cost with accuracy.
Vendor pricing is variable and proprietary, and contract terms (e.g., data rights, scope of
use) would heavily influence cost.
Cost Comparison Approach
Option 1 is only feasible if the fee is less than, or comparable to, other acceptable
options. Otherwise, the other acceptable options would be more favorable to the state.
For comparison purposes, we assign Option 1 a cost range based on our market research
and the other options.
o The minimum cost possible for Option 1 is $0, since one of the two pawn data
sharing vendors currently offers LEAs free access to its pawn data. It is
conceivable that both vendors would provide free access and continue charging
for value-add services such as advanced integration and analytics tools.
o The maximum cost is $17,201,412, which matches the highest 10-year TCO of the
other available options.
Option 2
The State can procure a single vendor to collect pawn data from all pawn and secondhand
dealers, replacing the POS integration and web data collection currently performed by existing
vendors. The vendor would maintain the integrations and web interface, track data reporting
compliance, support pawn shops in their reporting duties, and provide the data and data
ownership to the state, with the exception of firearms data, which would be collected and stored
by the vendor, or collected by the vendor and provided to a not-for-profit to store and manage.
Table 4: Option 2 Scoring
Raw Criteria
Criteria: Wt. Rationale
Score Total
A sole source option may have a detrimental
impact on pawn vendors due to reduced
Business
2 3 6 market share. Full implementation may be
Alignment
delayed as local agencies finish out existing
Operational
contract terms.
Value
The selected vendor will need additional
Data time to create integrations with new pawn
2 4 8
Availability dealers and POS systems. Experienced
pawn vendors can leverage experience to
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reduce risk and schedule delay whereas a
new entrant will require additional
implementation time.
Leading vendors can leverage experience
and existing architecture for building data
Technical
1 5 5 ingestion elements. New entrants will be
Alignment
specialized vendors with the skills to do this
work efficiently.
Leading vendors meet rigorous security
standards including FBI CJIS Security Policy,
Security 2 5 10
SOC 2, FIPS 140-2, and TLS 256-bit
encryption.
Contractual terms can be structured to
support future modifications and
enhancements as needs evolve. Existing
Technical Flexibility 1 4 4
pawn data vendors and new entrants are
Value
well-positioned to adopt and integrate new
tools and capabilities.
Beyond initial setup of system integrations,
Technical
1 4 4 the overall solution is expected to be
Complexity
straightforward and low in complexity.
Maintainability may be more challenging if
the selected vendor is not established in the
pawn industry. Additionally, there is a risk of
Maintainability 1 4 4 service disruption if there is a transition to a
different solution in the future, which could
impact continuity and require additional
integration efforts.
There is a risk of losing access to historical
Risk Risk 2 3 6
data from some agencies.
Among the most cost-effective options,
allowing for a competitive procurement
Cost Cost 1 3 3 process could encourage new entrants,
potentially driving prices even lower.
Additionally, unlike Option 1, local law
35
enforcement would not have to continue
paying pawn vendors for data collection.
This option includes vendor storage/query
Firearms Data Availability N/A Yes N/A access to firearms data in compliance with
790.335, F.S.
Benefits
Experience: Existing pawn vendors have extensive experience in collecting pawn data and
new entrants would be vendors that specialize in similar services for other industries.
Law Enforcement Agency Cost Benefit: By positioning data collection as a service, it allows
for a competitive procurement potentially reducing costs by allowing for responses by new
entrants. It would also eliminate data collection costs currently paid by local LEAs, so data
collection would not be paid for in duplicate.
Challenges/Risks
Risk of Vendor Displacement: Implementation of this option may result in existing pawn
vendors being pushed out of the Florida market in terms of their role in data collection,
potentially destabilizing their operations.
Integration Delays: If the selected vendor is not a current pawn data vendor, additional time
may be required to establish POS system integrations with existing pawn dealers and set up
shops across the state, resulting in a longer implementation time.
Loss of Historical Data Access: Vendors who are not awarded the contract may choose not
to provide access to historical data unless explicitly required by contractual terms. This could
negatively affect local agencies that rely on this data for investigations.
Considerations
Contract timing: Full implementation may be delayed until existing contracts between local
agencies and current vendors expire.
API Access Requirement: The selected vendor should provide API access to other pawn
vendors to enable continued delivery of advanced features for agencies that rely on them.
Procurement Implications: Although multiple vendors could provide data collection
services, aa competitive bid procurement is likely to favor dominant pawn industry vendors.
36
Costs
Two versions of this cost model were built and included in the assessment, based on ‘low
cost’ and ‘high cost’ assumptions
The ‘low cost’ cost model assumes that data collection services would be performed by
an existing pawn-focused data vendor (i.e., FINDER or LeadsOnline). Thus, the data
collection solution requires minimal to no initial implementation. Only system
maintenance is charged.
The estimated ‘low cost’ 10-year TCO for Option 2 is $11,655,056.
Table 5: Option 2 – Low Cost Assumption
The ‘high cost’ model assumes that data collection services would be performed by a
non-specialized data vendor. Therefore, an initial implementation is required in addition
to annual system maintenance.
The estimated ‘high cost’ 10-year TCO for Option 2 is $15,805.556
Table 6: Option 2 - High Cost Assumption
For conservatism, the ‘high cost’ 10 year TCO is used for comparison purposes.
37
Option 3
The State would build the data collection components and require that dealers report their
transactions directly to the state.
Table 7: Option 3 Scoring
Raw Criteria
Criteria: Wt. Rationale
Score Total
The solution is well aligned with FDLE’s operational
Business
Alignment
2 5 10 needs, assuming successful implementation by internal
teams or a systems integrator.
Operational Data collection may be challenging, requiring FDLE to
Value connect with dealer POS systems and build a web
Data
Availability
2 2 4 platform for manual data entry. This would be a time-
intensive effort. FDLE would not be able to collect
firearms data, per the prohibitions of 790.335, F.S.
FDLE has the technical expertise to build most or all of
Technical
Alignment
1 2 2 this system, but lacks the current architecture for data
ingestion, which would need to be built.
The solution would follow FBI CJIS Security Policy
Security 2 5 10 security protocols, ensuring strong security controls.
Once implemented, the solution would be adaptable to
changes such as new vendors or POS systems. FDLE
Technical Flexibility 1 4 4 would need processes to monitor market changes and
Value
maintain technical relevance.
Custom development of a POS interfaces and a web
Technical interface will be required to collect data from vendors
Complexity
1 3 3 without POS systems, increasing implementation
complexity.
The solution would be maintainable by FDLE staff post-
Maintainability 1 3 3 implementation but would require additional resources.
Data collection from POS vendors may be time-
consuming and operationally challenging. FDLE will
Risk Risk 2 2 4 have complete control of data lifecycle, however,
historical data loss may still be a risk.
If developed internally, the solution could be highly cost-
Cost Cost 1 4 4 effective. For SI-led efforts, fixed-fee pricing should be
negotiated to ensure best value to the state.
This option prevents the availability of firearms data, as
Firearms Data Availability N/A No N/A the State is limited by 790.335, F.S..
Benefits
Full control over system design, data governance, and privacy.
38
Features can be tailored to Florida’s law enforcement needs.
Avoids vendor lock-in and long-term licensing costs.
FDLE owns and manages the entire data lifecycle.
Challenges/Risks
Point-of-Sale (POS) Integration: FDLE May struggle with POS integration across diverse
dealer systems, leading to a potentially long implementation timeline and potential
business disruption for dealers.
Increased State Responsibility: Requires significant technical capacity and ongoing
maintenance as the State would be responsible for building the ingestion tool and web
interfaces.
Considerations
Existing POS Integrations: The State will need to develop and maintain connections with
a wide variety of POS systems currently used by dealers. This introduces technical
complexity and long-term maintenance challenges. Existing integrations used by
platforms, such as LeadsOnline or FINDER cannot be reused, as each POS system has its
own API that the state must individually accommodate.
No Firearms Data: FDLE would be collecting the data directly, so it would be prohibited
from collecting firearms transactions, based on the interpretation of 790.335, F.S., that
this study is using.
Costs
The estimated 10-year TCO for Option 3 is $12,278,315
Table 8: Option 3 Costs
Option 4 – Not Scored
This option would have the State procure a third-party pawn data collection solution (e.g.,
FINDER or LeadsOnline) for the entirety of the state. After reviewing the options, this option was
not considered to be viable for the following reasons:
39
Exceeds Statewide Pawn Database Requirements: Advanced features & analytics are
not core requirements of a statewide pawn database. Existing solutions provide advanced
features that, while useful to many LEAs in Florida, exceed the scope of the statewide
pawn database issue and add considerable cost. The Statewide Data Sharing System
already provides many of these features and many LEAs are already paying for advanced
query and analytics tools that could be connected to the Statewide Pawn Database.
High Impact on Private Business: While every option may impact private businesses in
some way, this option could potentially create significant marketplace disruptions to
existing vendors.
High Impact on LEAs: LEAs that currently use the displaced vendor’s software for
purposes beyond pawn data may need to pay additional, potentially duplicative, license
fees or lose functionality they use today. Additionally, these agencies may need to
continue paying their vendor until the end of their contract term, even though the vendor
is no longer collecting their jurisdiction’s pawn data.
High Cost to the State: This option requires the state to assume responsibility for existing
pawn system license fees and buy additional licenses for LEAs that are using other
systems. Because the solutions far exceed minimum requirements, these costs are not
justified for the purpose of implementing a statewide pawn database. High level cost
estimates based on current pricing suggests a cost two times more than the other
options.
Costs
The estimated 10-year TCO for Option 4 is $27,412,388
Table 9: Option 4
Solution Options Score Comparison
Option 1 scores the highest due to its simplicity, but pricing and vendor willingness are
unknown and this item . If the State pursues this option, it must negotiate with vendors
and be prepared to abandon the option if a reasonable agreement cannot be reached
with all vendors.
Option 2 is the next highest scoring option. It is possible the existing vendors compete
to provide DCaaS, or a new third party.
40
Option 3 scores the lowest due to the technical complexity and maintainability around
data collection, and the lack of firearms data availability.
Note that considerations listed for each option should be thoroughly reviewed by FDLE in
addition to these results.
Table 10: Solution Options Score Comparison
1: Buy 2: Buy
3: Build
Data DCaaS
Criteria: Score Score Score
Operational Business Alignment 10 6 10
Value Data Availability 10 8 4
Technical Alignment 5 5 2
Security 10 10 10
Technical Value
Flexibility 5 4 4
Technical
Complexity 5 4 3
Maintainability 2 4 3
Risk 8 6 4
Cost 4 4 3
Firearms Data Availability Yes Yes No
Option Total Score: 59 50 44
41
Solution Options Cost Comparison
The cost for the state to build the core components of the statewide pawn database, which is a
required element for all solution options, is $ 2,035,325 (10-year TCO).
The Build Core 10-year TCO cost must be added to each option’s 10-year TCO to obtain a full 10-
year TCO. This is the total estimated cost that the state would pay for the statewide pawn
database over a ten-year projected term.
Table 11: All Options Cost Summary
42
Recommendation
Option 2: outsourcing pawn data collection through a single vendor offers the greatest value
to the state through a combination of core system components built and controlled by the state
and data collection performed by specialized vendors. It provides FDLE with control over the
system design and a single database of all pawn records, with full government ownership of the
data. It leverages the expertise of vendors who have proven capabilities building interfaces for
data collection. Costs borne by local Sheriff’s Offices and Police Departments to collect and
access the data are shifted to the state where greater economies of scale and competitive
procurement are likely to reduce the overall costs associated with pawn data. All law
enforcement, regardless of agency size or budget will have access to statewide pawn data at no
cost. This will result in more property being recovered, additional crimes solved, and greater
public safety.
The competitive procurement process for the data collection vendor will foster opportunities for
new entrants, encourage market innovation, and provide minimal disruption to the existing
marketplace. The core components will provide interfaces, controlled by FDLE, to allow external
law enforcement systems, including existing pawn systems, to access the pawn data. Those
systems, and many others in use by law enforcement agencies across the state, would allow
more sophisticated queries, analysis, and association with other types of data. The Statewide
Pawn Database would complement those systems, not compete with them. Additionally, this
option allows for query access to firearms data, an advantage not available in Option 3, but one
that is essential for criminal investigations.
The investigative value of providing all Florida law enforcement with access to all Florida pawn
data at no cost cannot be understated.
State Considerations with Proposed Option:
As mentioned in an earlier section, there are numerous factors to consider when selecting a
statewide pawn data solution. The solution must navigate a complex landscape of technical,
operational, and stakeholder-related challenges. While this study recommends moving forward
with Option 2, several actions should be taken to ensure a successful implementation:
1. Educate Key Stakeholders and Build Awareness
Many stakeholders were unaware of the barriers smaller agencies face in accessing and
reporting pawn data. Educating agencies of the initiative and building consensus and
support is essential for successful adoption. To do this, the State should:
Continue partnering with the Florida Sheriffs Association and Florida Police Chiefs
Association to reach agency leadership.
43
Highlight the operational impact of the fragmented data access and the benefits of
a centralized system.
Inform them of the upcoming changes and potential impacts on their current
operations.
2. Develop a Phased Rollout Strategy Aligned with Existing Contracts
A phased deployment may be necessary due to the contractual obligations many
agencies have with their current pawn data vendors. Numerous agencies are locked into
multi-year agreements and may have already allocated funding towards their services. As
a result, immediate statewide adoption may not be feasible. To address this, the State
should:
Coordinate with agencies early to identify contract renewal windows and
encourage inclusion of data portability clauses in future agreements.
Plan for a rolling onboard experience based on individual agency contract
expiration dates. This allows agencies to transition to the Statewide Pawn
Database without breaching existing agreements or incurring financial penalties.
Support dual-system operations during the transition period. Agencies may need
to continue using their current vendor while also preparing to transition to the new
system. Clear guidance and technical support will be necessary to manage this
overlap.
3. Assess Contract Risks and Engage Agencies Proactively
Loss of historical data is a major operational risk when switching vendors. To mitigate this:
Conduct a contract assessment to identify agencies with upcoming renewals or
restrictive data ownership clauses.
Encourage agencies to negotiate data portability provisions in future contracts.
Assist agencies in retrieving and importing historical data into the Statewide Pawn
Database.
Explore enforcement options under Florida Statute 119.0701, F.S.
4. Manage “Real Time Reporting” Expectation with Operational Feasibility
As mentioned in the ‘Legal and Privacy Barriers’ section, the statutory reporting
requirements vary between pawn shops, secondhand dealers, secondary metals
recyclers and secondhand previous metals dealers. While the legislation would
need to be amended to standardize reporting deadlines, the State should consider
the following options when thinking about system design and implementation:
44
Design the technical solution to support real-time capabilities, ensuring the
system is future-ready should statutory changes be enacted.
Educate stakeholders on the difference between technical feasibility and legal
compliance, to manage expectations around data availability.
Develop training and communication materials that clarify reporting timelines,
system capabilities, and how data flows into the Statewide Pawn Database.
In conclusion, Option 2 presents a clear path forward and best value for the State to modernize
pawn data collection while reducing costs, improving investigative capabilities, and providing
ownership of the data.
45
Additional Considerations
There are two additional topics that warrant further discussion; desired system and political
considerations.
Desired Features
During stakeholder interviews, a few reoccurring themes were mentioned:
Required Training on the Law for Users: There was broad agreement that law
enforcement agencies are good partners, but dealers reported occasional issues with
detectives that are unfamiliar with the law. More specifically, dealers mentioned an
occasional misunderstanding on the extent of law enforcement authority vs. dealer
responsibility related to item “holds.” Law enforcement shared similar difficulties with
some dealers who are unfamiliar with the law. We strongly recommend that all users
should go through training on the law prior to receiving access to ensure that dealers and
law enforcement are both familiar with the law.
Mobile Data Entry: While we are not aware of any pawn system supporting a mobile
application, or even being optimized for mobile, the prospect of using a phone or tablet
for data entry was extremely popular. Nearly every dealer has one of these devices and
with the ability to take photos on the device, this would be a massive improvement over
current data entry practices. Mobile-optimized browser code and apps are now
commonly available so it is recommended to incorporate a mobile data entry solution
into the Statewide Pawn Database.
Stolen Item Lookup: Dealers would like to have an option to search for stolen property
during data entry when they are starting the transaction. The state should consider a
manual or automatic search capability (using FCIC/NCIC and possibly other databases).
Dealers make considerable efforts to avoid purchasing stolen property and would
appreciate any assistance the Statewide Pawn Database could provide.
Additionally, during discussions with the Florida Recyclers Association, we learned about
a national system called ScrapTheftAlert, a website that law enforcement can use to
report scrap metal thefts and alert all dealers within 100 mile radius. We recommend
investigating the possibility of integrating this into in the Statewide Pawn Database.
Political Considerations
During research and stakeholder interviews, some political themes also arose:
Changes to Authority: Currently, “Appropriate Law Enforcement Officials” have the
authority to collect pawn data. In order to operate a statewide system, this authority may
46
need to shift, in whole or in part, to FDLE. This would require either a change in statutes,
the establishment of memoranda of understanding (MOU) between FDLE and LEAs, or
some other method to grant FDLE the authority to collect, store, and make available
statewide pawn data. Sheriffs and Police Chiefs are generally reluctant to give up any
constitutional or statutory authority. We recommend that FDLE work closely with the
Florida Sheriff’s Association (FSA) and Florida Police Chiefs Association (FCPA) to ensure
a thorough understanding of what is being proposed and what the corresponding changes
to authority would be if it is funded.
Business Disruptions: The current pawn data vendors have both offered their support for
the Statewide Pawn Database through different strategies. If either vendor sees this as a
major or possibly existential threat to their business models, we expect significant
opposition, including lobbying efforts to prevent the Statewide Pawn Database from being
funded by the Legislature. While the intent of this study is not to disrupt private business,
and in fact, one of the guiding principles was to minimize disruption to private business
(see Appendix D: Success Criteria), impacts may be unavoidable. FDLE should focus on
open communications with stakeholders and both major pawn data vendors to ensure
that misinformation does not create confusion and opposition to the proposed Statewide
Pawn Database.
47
Appendix A: Interviewed Stakeholders
# Organization Date
1 California Pawn & Secondhand Dealer System (CAPSS) 7/17/2025
2 Florida Pawn Association (FPA) 7/24/2025
3 Utah State Pawn Database 7/29/2025
4 FINDER/Vetted Solutions 7/30/2025
5 Neptune Beach Police Department 7/31/2025
6 ecoATM 8/11/2025
7 LeadsOnline 8/12/2025
8 Law Enforcement Information Exchange 7/28/2025
(LInX) 8/8/2025
9 Florida Law Enforcement Property Recovery Unit (FLEPRU) 8/12/2025
10 FDLE Data Sharing Team 8/12/2025
11 Florida Police Chiefs Association (FCPA) 8/14/2025
12 Maryland Pawn Data Sharing Program 8/19/2025
13 South Carolina Pawn Data Sharing Program 8/20/2025
14 Florida Association of Secondhand Dealers (FLASH) 8/26/2025
15 Polk County Sheriff’s Office 8/27/2025
16 Bay County Sheriff’s Office 8/28/2025
17 Florida Sheriff’s Association (FSA) 9/4/2025
18 Pinellas County Sheriff’s Office 9/19/2025
19 Florida Department of Agriculture & Consumer Services 10/24/25
20 Florida Department of Revenue 10/24/25
21 Florida Recyclers Association 9/4/25
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Appendix B: Business Capability Model and
Definitions
Pawn Database Business Capability Model
49
Business Process Requirements:
Administration
Access Control: Manage user roles and permissions across agencies, jurisdictions, and
dealers.
Platform Configuration: Enable administrative setup and configuration.
Data Governance: Enforce policies for data ownership, stewardship, and quality.
Data Retention Management: Configure data purges based on retention schedules and
archival rules per legal and operational standards.
System Monitoring: Track system health, uptime, and performance metrics
Training & Support: Provide onboarding tools, legal/compliance training, help resources,
and user support channels.
Transaction Management
Data Collection: Ingest transaction records from pawnbrokers, secondary metal
recyclers, and secondhand & mail-in precious metals dealers directly from point-of-sale
(POS) systems or via web-based data entry forms.
Centralized Data Storage: Maintain a secure, unified database to store all collected
records.
System Integration: Interface with external law enforcement systems for data sharing
and use with advanced tools.
Investigative Analytics
Search & Retrieval: Enable various searches by law enforcement users across all
transaction types and metadata.
Item Matching: Identify and match items against internal and external databases
(including FCIC/NCIC)
Track Dealer Activity: Monitor dealer activity to look for trends, anomalies, and
suspicious patterns that may warrant further investigation.
Reporting & Dashboards: Generate visual summaries and detailed reports for
investigative use.
Watches & Notifications: Allow users to create ‘watches’ for specific items and notify
users of matches.
50
Compliance
Compliance Tracking: Monitor dealer adherence to reporting requirements through
reports and alerts.
Dealer Activity Tracking: Monitor for suspicious dealer patterns and behaviors.
Audit Logging: Maintain detailed logs of transactions and user access for accountability
and review.
Functional Requirements
Role-based access and permission management.
Configurable administrative interface for platform setup.
Secure ingestion and storage of all transaction types.
Various search types (item, name, etc.).
User created watches and alerts.
Dealer compliance monitoring and reports.
Audit logs for all transactions and user actions.
Data retention policy and purging.
Technical Requirements
Centralized, secure database for all transaction records.
Cloud-native, modular system architecture.
Encrypted data transmission and storage.
Support for JSON, XML, CSV formats.
High availability and fault tolerance.
API integration with external systems.
Basic data cleansing/transformation to ensure data meets quality standards.
Compliance with FBI CJIS Security Policy and other policies and laws.
System logging, monitoring, and diagnostics.
51
Appendix C: Target State Benefits Table
Target State – Benefits Table
Insights gathered from stakeholder discussions highlight the following as essential benefits of
the solution.
Benefit Description of Who How benefit How Realization
Benefit Receives is realized realization date
the of benefit is
Benefit? measured
Data Pawn and other Florida Law All Pawn A central TBD
Availability related data are Enforcement data is repository is
and being collected consistently created for
Ownership and managed at and readily all pawn
the state level to available for data that is
improve oversight all Florida owned and
and compliance law maintained
with local, federal, enforcement by the State
and state laws. agencies
Data Allow law Florida Law Functionality All law TBD
Accessibility & enforcement Enforcement to share raw enforcement
Sharing agencies in all data or agencies will
counties to reports to have query
access, update, law access to
and share enforcement the data
statewide pawn agencies
data.
Interoperability The solution is Florida Law System Law TBD
interoperable Enforcement integrates enforcement
between different with Law agencies
law enforcement Enforcement have
databases, Systems integration
software solutions, (LInX, and query
and jurisdictions. FINDER, access
The solution can FCIC/NCIC) between all
be integrated with in addition to systems and
existing tools for vendor POS APIs are
advanced Systems available for
analytics and and 3
rd. rd.
3 party
reporting. party data integrations.
analysis Integration
software (i2, and query
Microsoft access
Excel, etc.) between all
systems.
52
Reduced Access to pawn Local Law Solution will Law TBD
costs for Law data is provided Enforcement reduce costs enforcement
Enforcement for free or at for law agencies are
reduced cost for enforcement provided
law enforcement agencies with a no-
agencies. who choose cost option
to transition to access
from existing pawn data
vendor
Security The solution Florida Law System FDLE CJIS TBD
complies with FBI Enforcement completes audits and
CJIS Security audit without FBI triennial
Policy and other any major audits.
policies and laws. compliance
issues.
53
Appendix D: Success Criteria
54
Appendix E: Cost Model Assumptions
Build Core Components - applies to all solution options
Model Assumptions:
12-month build timeline to implement core components; built with staff augmentation
resources
Core functionality only: database, query interface, APIs, system administration, basic mobile
support; no POS integration or data ingestion tools, no advanced analytics
FDLE handles project management, training, and long-term maintenance with staff
augmentation resources
Additional project management oversight provided by .25 FDLE FTE charged at $58/hour
(FDLE stated: “25% of 1 SES FTE… is between $30k and $35k”. $30,000 / 520 [hours in ¼ year]
= ~$58)
Staff augmentation team composition is intended as the minimum team necessary to
successfully deliver the elements of this project, as guided by Gartner subject matter experts
and examples of successful state IT program implementations.
Staff augmentation pay rates are calculated as the mean of stated rates for each relevant role
from five representative staff augmentation vendors, as provided by Florida Department of
Management Services.
The five staff augmentation firms (used to calculate pay rates) were chosen based on prior
work with FDLE and Gartner subject matter expert guidance. They are: Brandt Information
Services, LLC; Kyra Solutions, Inc.; Tal Search Group, Inc., Vitaver and Associates, Inc; and
Accenture LLP.
2630: Web Applications
8220: Project Manager
1440: Database 1250: Applications 7440: Systems
Administrator (C. Development Analyst Programmer (C. Administrator (B.
(1. Team Leader)
Advanced) Intermediate)
(C. Advanced) Advanced)
Database Development $ 115.38
Data Interface (e.g., API)
Develoment $ 116.63
Initial Setup
Law Enforcement Front
End Development $ 118.13
Project Management $ 109.39
55
Maintenance &
Operations System Maintenance $ 82.60
Cloud Cost Assumptions:
Data Volume: 107.1M transactions/year from 6,522 dealers; each with 10 KB text + 3 MB
image data
Architecture: Hyperscaler Relational Database (text) + Object Storage (images)
Egress Estimate: 15K queries/day × 500 KB = ~8.1 TB/year
Storage Growth Assumption: Cumulative storage grows linearly by ~6.4 TB annually (107.1M
transactions × 3 MB images/year)
Annual Cost Formula: Fixed costs ($2,295: compute $1,545 + egress $750) + Variable storage
($1,200/TB × cumulative TB)
Contracted rate increases: fixed rate for 5 years upon implementation completion,
renegotiated for 10% increase, then 3% annually
Storage Total
Cumulative Compute +
Year Cost Annual
Storage (TB) Egress (fixed)
(Variable) Fee
1 6.4 $7,680 $2,295 $9,975
2 12.8 $15,360 $2,295 $17,655
3 19.2 $23,040 $2,295 $25,335
4 25.6 $30,720 $2,295 $33,015
5 32.0 $38,400 $2,295 $40,695
6 38.4 $46,080 $2,295 $48,375
7 44.8 $53,760 $2,295 $56,055
8 51.2 $61,440 $2,295 $63,735
9 57.6 $69,120 $2,295 $71,415
56
10 64.0 $76,800 $2,295 $79,095
Option 2 - Buy Pawn Data Collection as a Service (DCaaS)
Model Assumptions:
Two versions of this cost model were built and included in the assessment – a ‘low cost’
assumption, and ‘high cost’ assumption.
To be conservative, the ‘high cost assumption’ is treated as the option cost and used in
cost comparisons.
Rolling out the DCaaS solution to all dealers statewide will occur over time as existing
contracts expire (or are amended or terminated) and dealers switch to the new solution;
Assumption: up to 2 years for complete (or near complete) rollout
System maintenance is charged annually at an assumed rate of $225/ hour/staff member
System Maintenance includes monitoring, security, onboarding, dealer/customer support
Annual maintenance contract in the form of a 5-year base period plus three 1-year
renewal options: fixed rate first five years, renegotiated for 10% increase, then 3% each
subsequent year
Low Cost Assumption:
Selected vendor specialized in pawn data sharing (e.g., LeadsOnline or FINDER). Thus,
the ‘DCaaS’ solution requires minimal to no initial implementation. Only system
maintenance is charged.
High Cost Assumption:
Selected vendor has proven IT project success + data expertise. However, they are not
currently specialized in pawn data sharing. Therefore, an initial implementation is
required in addition annual system maintenance.
Initial implementation is charged at an assumed blended rate of $225/hour/staff member
Vendor team composition is intended as the minimum team necessary to successfully
deliver the elements of this project, as guided by Gartner subject matter experts and
examples of successful state IT program implementations.
Additional project management oversight provided by .25 FDLE FTE charged at $58/hour
(FDLE stated: “25% of 1 SES FTE… is between $30k and $35k”. $30,000 / 520 [hours in ¼
year] = ~$58)
Option 3 - Build and Operate the Data Collection Solution
Model Assumptions:
57
12-month initial build timeline, plus an additional 2 years for complete (or near-complete)
rollout; Rolling out the solution to all dealers statewide will occur over time as existing
contracts expire (or are amended or terminated) and dealers switch to the new solution
FDLE handles Initial build, project management, training, and long-term maintenance with
staff augmentation resources
Additional project management oversight provided by .25 FDLE FTE charged at $58/hour
(FDLE stated: “25% of 1 SES FTE… is between $30k and $35k”. $30,000 / 520 [hours in ¼ year]
= ~$58)
Staff augmentation team composition is intended as the minimum team necessary to
successfully deliver the elements of this project, as guided by Gartner subject matter experts
and examples of successful state IT program implementations.
Staff augmentation pay rates are calculated as the mean of stated rates for each relevant role
from five representative staff augmentation vendors, as provided by Florida Department of
Management Services.
The five staff augmentation firms (used to calculate pay rates) were chosen based on prior
work with FDLE and Gartner subject matter expert guidance. They are: Brandt Information
Services, LLC; Kyra Solutions, Inc.; Tal Search Group, Inc., Vitaver and Associates, Inc; and
Accenture LLP.
1250: Applications 2210: Customer Support
1230: Enterprise Application 7410: Systems Architect (C. 2850: Manager, Production
8220: Project Manager (1. 2860: Production Support
3430: Data Warehouse
Development Analyst (C.
Analyst (C. Advanced)
Advanced)
1440: Database Administrator
Integration (EA) Engineer Team Leader) Advanced) Support (2. Manager) Analyst (C. Advanced)
8220: Project Manager (3. Sr.
Manager) Analyst (C. Advanced) (B. Intermediate)
Data
Ingestion -
PoS $131.76
Integration
Development
Data
Initial Setup
Ingestion -
Data Entry $116.63
Tool
Development
Project
$114.42
Management
58
OCM $109.39
Systems
$174.24
Architecture
Data
Maintenance Ingestion
$135.39 $115.38
& Operations System $93.37 $22.61 $2.46
Maintenance
Average Rate: $109.84
Option 4 - Buy Full Access (option not scored)
Model Assumptions:
System is available immediately upon contracted period, without requiring significant
vendor customization.
Total Florida sworn officer count = 62,416
FINDER cost estimate = $965k annually, based on vendor provided rates and Florida
sworn officer count
LeadsOnline Cost estimate was provided to Gartner team directly by vendor: up to $1m
for initial implementation, up to $4m/year annual fee
Vendor annual maintenance fee is a blended rate: mean of estimated LeadsOnline annual
fee and estimated FINDER annual fee
Vendor initial setup fee is a blended rate: mean of $1m quoted initial fee for LeadsOnline,
and assumption of no initial fee for FINDER
Annual maintenance contract in the form of a 5-year base period plus three 1-year
renewal options: fixed rate first five years, renegotiated for 10% increase, then 3% each
subsequent year
59
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1672
INTRODUCER: Senator McClain
SUBJECT: Tax Credits for Contributions to Assist Homebuyers
DATE: January 27, 2026 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. FT
3. AP
I. Summary:
SB 1672 creates the Homebuyer Workforce Tax Credit, authorizing certain employers to claim a
100 percent tax credit for specified monetary contributions either paid to eligible employees to
help with a first-time Florida home purchase, or paid to a governmental down payment
assistance program, including the Florida Hometown Hero Program.
The bill:
• Allows an eligible taxpayer to receive at least $1,000 for a down payment or closing costs
and limits the employee tax credit to $5,000 per employee.
• Allows the credit to be applied against corporate income taxes under ch. 220, F.S. or the
insurance premium tax under s. 624.509, F.S.
• Caps the total authorized credits at $5 million per fiscal year for FY 2026-2027, 2027-2028,
and 2028-2029, awarded on a first-come, first-served basis by the Department of Revenue.
• Allows a 3-year carryforward of unused credits and prohibits the transfer, sale, or assignment
to another entity.
• Repeals the program on January 1, 2030, unless reenacted.
The Revenue Estimating Conference has not estimated the bill. The bill may reduce state
revenue by creating a new tax credit against corporate income tax or insurance premium tax.
The bill provides an effective date of July 1, 2026.
II. Present Situation:
Currently, there is no tax credit program for an employer who makes a monetary contribution to
an employee to pay for expenses related to the purchase of a primary residence.
BILL: SB 1672 Page 2
Florida Sales and Use Tax
Florida levies a 6 percent tax on the sale or rental of most items of tangible personal property,1
admissions,2 transient rentals,3 and a limited number of services, as well as a 2 percent tax on
commercial leases.4 Sales tax is added to the price of the taxable good or service and collected
from the purchaser at the time of sale.5
The governing body of a county and school boards are authorized to levy local discretionary
sales surtaxes in addition to the state sales tax.6 A surtax applies to “all transactions…subject to
the state sales tax…on sales, uses, services, rentals, admissions, and other transactions…”7 In
counties with discretionary sales surtaxes, the combined county and school board rates vary from
0.5 to 2 percent.8 Two counties, Citrus and Collier, have no discretionary sales surtax levies.
Total collections from the sales and use tax in state fiscal year 2024-2025 equaled $41.1 billion;
of which, the General Revenue Fund received $36.9 billion.9
Florida Corporate Income Tax
The state of Florida imposes a 5.5 percent tax on the taxable income of certain corporations and
financial institutions conducting business in the state.10 Corporate income tax is remitted to the
DOR and distributed to the General Revenue Fund. Net collections of corporate income tax in
state fiscal year 2024-2025 were determined to be $5.5 billion.11
Credits against corporate income tax or franchise tax are applied in a statutorily prescribed
order.12
1
Section 212.05(1)(a)1.a., F.S.
2
Section 212.04(1)(b), F.S.
3
Section 212.03(1)(a), F.S.
4
Section 212.031, F.S.
5
Section 212.07(2), F.S.
6
Section 212.055, F.S.
7
Section 212.054(2)(a), F.S.
8
Florida Department of Revenue, Discretionary Sales Surtax Information for Calendar Year 2026, available at
https://floridarevenue.com/Pages/forms_index.aspx#discretionary, see DR-15DSS New for 2026 (last visited Jan. 27, 2026).
9
Florida Office of Economic & Demographic Research, Florida Revenue Estimating Conference, Long-Term Revenue
Analysis, p. 85, (Oct. 2025) available at
https://edr.state.fl.us/Content/conferences/longtermrevenue/2025longtermrevenueanalysis_revised.pdf (last visited Jan 27,
2026).
10
Sections 220.11(2), F.S. and 220.63(2), F.S.
11
Florida Office of Economic & Demographic Research, General Revenue Conesus Estimating Conference, Comparison
Report, Workpapers, p. 20 (Jan. 23, 2026), available at
https://edr.state.fl.us/content/conferences/generalrevenue/grpackage.pdf (last visited Jan. 27, 2026).
12
See s. 220.20, F.S.
BILL: SB 1672 Page 3
Florida Insurance Premium Tax
Florida imposes a 1.75 percent tax on most Florida insurance premiums.13 Insurance premium
taxes are paid by insurance companies under ch. 624, F.S., and are remitted to the DOR. These
revenues are distributed to the General Revenue Fund with additional distributions to the
Insurance Regulatory Trust Fund, the Police & Firefighters Premium Tax Trust Fund, and the
Emergency Management Preparedness & Assistance Trust Fund. Net collections of insurance
premium tax in state fiscal year 2024-2025 were $1.5 billion with distributions to the General
Revenue Fund of $1.1 billion.14
Credits against insurance premium tax are applied in a statutorily prescribed order.15
The Florida Department of Revenue
The DOR administers three main programs: the Child Support Program, the General Tax
Administration Program, and the Property Tax Oversight Program. The DOR collects more than
$40 billion a year in taxes and fees annually and processes more than 9 million in tax filings
annually.16
Florida Hometown Hero Program
The Florida Hometown Hero Program17 is a homeownership assistance program administered by
the Florida Housing Finance Corporation (FHFC).18 Under the program, eligible first time
homebuyers have access to zero-interest loans to reduce the amount of down payment and
closing costs by a minimum of $10,000 and up to 5 percent of the first mortgage loan, not
exceeding $35,000. Loans must be repaid when the property is sold, refinanced, rented, or
transferred unless otherwise approved by the FHFC. Repayments for loans made under this
program must be retained within the program to make additional loans.
III. Effect of Proposed Changes:
The bill creates s. 212.1836, F.S., Homebuyer Workforce Tax Credit, which provides a tax credit
against corporate income taxes and insurance premium taxes for taxpayers who make
contributions to an employee to pay for certain expenses related to a home purchase or make
contributions to a government program, including the Florida Hometown Hero program. To be
eligible, a taxpayer must have operated in Florida for at least three consecutive years.
13
Section 624.509, F.S.
14
Florida Office of Economic & Demographic Research, General Revenue Conesus Estimating Conference, Comparison
Report, Workpapers, p. 25 (Jan. 23, 2026), available at
https://edr.state.fl.us/content/conferences/generalrevenue/grpackage.pdf (last visited Jan. 27, 2026).
15
See s. 624.509, F.S.
16
Florida Department of Revenue, Quick Facts about the Florida Department of Revenue, available at
https://floridarevenue.com/opengovt/Pages/quick_facts.aspx (last visited Jan. 27, 2026).
17
See s. 420.5096, F.S.
18
The Florida Housing Finance Corporation (FHFC) is a public-private entity created by the Legislature in 1997 to assist in
providing a range of affordable housing opportunities for Floridians. The FHFC administers federal and state resources to
finance the development and preservation of affordable rental housing and assist homebuyers with financing and down
payment assistance. Section 420.504, F.S.
BILL: SB 1672 Page 4
Eligible taxpayers may receive a credit of 100 percent of a monetary contribution of at least
$1,000 made to an employee for a down payment or closing costs for the purchase of a
permanent residence. The employee must have established permanent residency in Florida and
not previously owned a home in Florida. The credit cannot exceed $5,000 of contributions made
to a single employee.
Eligible taxpayers may also receive a tax credit for 100 percent of a contribution made to a
government program offering down payment assistance to residents of Florida.
The taxpayer may submit an application to the DOR for the tax credits, and the DOR must
approve them on a first-come, first-served basis.
The tax cap amount is limited to $5 million for each state fiscal year 2026-2027, 2027-2028, and
2028-2029. Credits not fully used in the specified taxable year due to insufficient tax liability on
the part of the taxpayer may be carried forward for up to 3 taxable years. The taxpayer is
prohibited from conveying, transferring, or assigning an approved tax credit or carrying forward
a tax credit to another entity.
The DOR is authorized to adopt rules to administer the tax credit, including establishing
application forms, procedures governing the approval and carryforward of tax credits, and
procedures to be followed by taxpayers when claiming approved tax credits on their returns.
The bill provides that this section will be repealed on January 1, 2030, unless saved from repeal
by the Legislature.
The bill provides an effective date of July 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs the passage of laws that require
counties and municipalities to spend funds, limit the ability of counties and municipalities
to raise revenue, or reduce the percentage of state tax shared with counties and
municipalities.
Article VII, s. 18(b)of the Florida Constitution provides that except upon approval of
each house of the Legislature by two-thirds vote of the membership, the legislature may
not enact, amend, or repeal any general law if the anticipated effect of doing so would be
to reduce the authority that municipalities or counties have to raise revenue in the
aggregate, as such authority existed on February 1, 1989. However, the mandates
BILL: SB 1672 Page 5
requirements do not apply to laws having an insignificant impact,19 which is $2.4 million
or less for Fiscal Year 2026-2027.20
The bill does not require counties or municipalities to take action requiring the
expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities. Therefore, the bill may not be subject to Art. VII, s. 18 of the Florida
Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
Article VII, s. 19 of the Florida Constitution requires legislation pass each chamber by a
2/3 vote and be contained in a separate bill with no other subject if the legislation
imposes, authorizes an imposition, increases, or authorizes an increase in a state tax or
fee or if it decreases or eliminates a state tax or fee exemption or credit.
The bill does not affect the imposition or increasing of a state tax or fee nor decreases or
eliminates a state tax or fee exemption or credit. Thus, the constitutional requirements
may not apply.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not estimated the bill. The bill may reduce state
revenue by creating a new tax credit against corporate income tax or insurance premium
tax.
19
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See FLA. SENATE COMM. ON COMTY. AFFAIRS, Interim Report 2012-115: Insignificant Impact, (Sept.
2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited Jan.
27, 2026).
20
Based on the Demographic Estimating Conference’s estimated population adopted on June 30, 2025, available at
https://edr.state.fl.us/Content/conferences/population/archives/250630demographic.pdf (last visited Jan. 27, 2026).
BILL: SB 1672 Page 6
B. Private Sector Impact:
Employers who make qualifying contributions may reduce their state tax liability and
provide additional resources to employees for home-purchase-related costs.
C. Government Sector Impact:
The bill may have an indeterminate fiscal impact on the DOR, which will have to
establish new application forms, procedures governing the approval and carryforward of
tax credits, and procedures for taxpayers when claiming approved tax credits on their
returns.
VI. Technical Deficiencies:
Line 48 of the bill contains a scrivener’s error: the word “assistant” should say “assistance.”
VII. Related Issues:
Line 50 of the bill states that “a taxpayer may submit an application to the department” for a tax
credit provided in the bill. It is unclear if a taxpayer may obtain or claim a credit without
submitting an application to the DOR.
The bill creates s. 212.1836, F.S., within ch. 212, F.S., relating to the sales and use tax. However,
the bill creates credits against corporate income tax in ch. 220, F.S., and insurance premium tax
in s. 624.509, F.S.
It is unclear whether the employer contribution must be made during the taxpayer’s taxable year
and whether the employee’s qualifying home purchase must be made during the taxable year.
It is unclear if the Florida Hometown Hero program accepts contributions.
The bill does not define what constitutes “permanent residency,” which may make it difficult for
employers to determine which employees are eligible.
VIII. Statutes Affected:
This bill creates section 212.1836 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
BILL: SB 1672 Page 7
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 SB 1672 Florida Senate - 2026 SB 1672
By Senator McClain
9-00673-26 20261672__ 9-00673-26 20261672__
1 A bill to be entitled 30 permanent residency in the state and who has not previously
2 An act relating to tax credits for contributions to 31 owned a home in the state.
3 assist homebuyers; creating s. 212.1836, F.S.; 32 (b) “Eligible expenses” means a down payment or any closing
4 defining terms; authorizing certain taxpayers to 33 costs.
5 receive a tax credit for contributions made to certain 34 (c) “Eligible taxpayer” means an employer who has operated
6 employees for specified expenses related to buying a 35 in the state for at least 3 consecutive years.
7 home; providing a maximum credit authorized in certain 36 (d) “Employer contribution” means a monetary contribution
8 circumstances; authorizing a taxpayer to receive a tax 37 of at least $1,000 from an employer to his or her employee
9 credit for contributions made to certain programs; 38 pursuant to this section.
10 authorizing the taxpayer to submit an application for 39 (e) “Qualifying home purchase” means property purchased by
11 the tax credit; authorizing the tax credit to be used 40 an eligible employee as a primary residence.
12 against certain taxes; requiring the Department of 41 (2) An eligible taxpayer may receive a tax credit for 100
13 Revenue to approve applications on a first-come, 42 percent of the employer contribution to an eligible employee to
14 first-served basis; providing the maximum amount of 43 pay for eligible expenses related to a qualifying home purchase.
15 credits authorized for certain fiscal years; 44 A taxpayer may not receive more than $5,000 of credit for
16 authorizing unused credits to carryforward for a 45 contributions made to a single employee.
17 specified period of time in certain circumstances; 46 (3) An eligible taxpayer may receive a tax credit for 100
18 prohibiting the sale or transfer of certain tax 47 percent of a contribution made to a government program offering
19 credits; authorizing the department to adopt rules; 48 down payment assistant to residents of the state, including the
20 providing for future repeal; providing an effective 49 Florida Hometown Hero program under s. 420.5096.
21 date. 50 (4) A taxpayer may submit an application to the department
22 51 for a tax credit under subsection (2) or subsection (3).
23 Be It Enacted by the Legislature of the State of Florida: 52 (5) The credit under this section may be used against any
24 53 tax due for the taxable year under chapter 220 or under s.
25 Section 1. Section 212.1836, Florida Statutes, is created 54 624.509(1).
26 to read: 55 (6) The department shall approve applications on a first-
27 212.1836 Homebuyer Workforce Tax Credit.— 56 come, first-served basis. The department may authorize $5
28 (1) For the purposes of this section, the term: 57 million in tax credits in each of state fiscal years 2026-2027,
29 (a) “Eligible employee” means a person who has established 58 2027-2028, and 2028-2029.
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 1672
9-00673-26 20261672__
59 (7) If a tax credit approved under subsection (6) is not
60 fully used for the specified taxable year because of
61 insufficient tax liability on the part of the taxpayer, the
62 unused amount may be carried forward for a period not to exceed
63 3 taxable years.
64 (8) A taxpayer may not convey, transfer, or assign an
65 approved tax credit or carryforward tax credit to another
66 entity.
67 (9) The department may adopt rules necessary to administer
68 this section, including rules establishing application forms,
69 procedures governing the approval and carryforward of tax
70 credits, and procedures to be followed by taxpayers when
71 claiming approved tax credits on their returns.
72 (10) This section is repealed January 1, 2030, unless
73 reviewed and saved from repeal through reenactment by the
74 Legislature.
75 Section 2. This act shall take effect July 1, 2026.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
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