Senate Bill 1820c1

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    Florida Senate - 1999                           CS for SB 1820

    By the Committee on Banking and Insurance; and Senator
    Campbell




    311-1864-99

  1                      A bill to be entitled

  2         An act relating to pawnbroking, secondhand

  3         dealers, and stolen property; amending s.

  4         539.001, F.S.; defining terms; modifying

  5         findings required of the Division of Consumer

  6         Services of the Department of Agriculture and

  7         Consumer Services for orders imposing

  8         penalties; requiring approval of pawnbroker

  9         transaction forms; revising content of such

10         forms; revising recordkeeping requirements for

11         pawnbrokers to provide that the sheriff or the

12         director of the department of public safety is

13         designated as the central repository for copies

14         of all pawnbroker transaction forms collected

15         by law enforcement officials; providing for

16         submission of pawnbroker transaction forms to

17         the sheriff or public safety director upon

18         request; requiring pawnbrokers to computerize

19         their records by a specified date; providing

20         for a statewide system for collecting and

21         accessing pawnshop ticket and second-hand

22         dealer information; designating the sheriffs as

23         administrators of the system; providing

24         authorized law enforcement officials access to

25         the database; designating the sheriffs' offices

26         as central repositories responsible for the

27         transfer of information to the statewide

28         database; providing that the sheriffs, in

29         consultation with the Florida Police Chiefs and

30         the Department of Law Enforcement, must

31         establish standards for transmitting

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    Florida Senate - 1999                           CS for SB 1820
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  1         information into the statewide system;

  2         prohibiting the resale of certain data or the

  3         use of the data to generate revenue;

  4         proscribing certain acts; modifying hold order

  5         procedures; providing penalties; providing

  6         applicability of criminal penalties; amending

  7         s. 539.003, F.S.; deleting an exception to

  8         confidentiality of records of pawnbroker

  9         transactions; amending s. 538.04, F.S.;

10         providing for electronic transfer of

11         transactions of secondhand goods; authorizing

12         law enforcement agencies to provide a

13         secondhand dealer with a computer and necessary

14         equipment for the electronic transfer of

15         transactions of secondhand goods; providing

16         procedures with respect to the electronic

17         transfer of transactions of secondhand goods;

18         providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Subsections (2), (8), (9), (16), paragraph

23  (a) of subsection (7), paragraph (b) of subsection (11),

24  paragraphs (b), (l), and (m) of subsection (12), and paragraph

25  (b) of subsection (17) of section 539.001, Florida Statutes,

26  are amended, and paragraph (n) is added to subsection (12) of

27  that section, to read:

28         539.001  The Florida Pawnbroking Act.--

29         (2)  DEFINITIONS.--As used in this section, the term:

30         (a)  "Agency" means the Division of Consumer Services

31  of the Department of Agriculture and Consumer Services.

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    Florida Senate - 1999                           CS for SB 1820
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  1         (b)  "Amount financed" is used interchangeably to mean

  2  "amount of money advanced" or "principal amount."

  3         (c)(b)  "Appropriate law enforcement official" means

  4  the sheriff of the county in which a pawnshop is located or,

  5  in case of a pawnshop located within a municipality, the

  6  police chief of the municipality in which the pawnshop is

  7  located; however, any sheriff or police chief may designate as

  8  the appropriate law enforcement official for the county or

  9  municipality, as applicable, any law enforcement officer

10  working within the county or municipality headed by that

11  sheriff or police chief. Nothing in this subsection limits the

12  power and responsibilities of the sheriff.

13         (d)(c)  "Claimant" means a person who claims that his

14  or her property was misappropriated.

15         (e)(d)  "Conveying customer" means a person who

16  delivers property into the custody of a pawnbroker, either by

17  pawn, sale, consignment, or trade.

18         (f)(e)  "Identification" means a government-issued

19  photographic identification or an electronic image taken from

20  a government-issued photographic identification.

21         (g)(f)  "Misappropriated" means stolen, embezzled,

22  converted, or otherwise wrongfully appropriated against the

23  will of the rightful owner.

24         (h)(g)  "Net worth" means total assets less total

25  liabilities.

26         (i)(h)  "Pawn" means any advancement of funds on the

27  security of pledged goods on condition that the pledged goods

28  are left in the possession of the pawnbroker for the duration

29  of the pawn and may be redeemed by the pledgor on the terms

30  and conditions contained in this section.

31

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  1         (j)(i)  "Pawnbroker" means any person who is engaged in

  2  the business of making pawns; who makes a public display

  3  containing the term "pawn," "pawnbroker," or "pawnshop" or any

  4  derivative thereof; or who publicly displays a sign or symbol

  5  historically identified with pawns.  A pawnbroker may also

  6  engage in the business of purchasing goods which includes

  7  consignment and trade.

  8         (k)(j)  "Pawnbroker transaction form" means the

  9  instrument on which a pawnbroker records pawns and purchases

10  as provided in subsection (8).

11         (l)(k)  "Pawn service charge" means a charge for

12  investigating the title, storage, and insuring of the

13  security; closing the transaction; making daily reports to

14  appropriate law enforcement officials; expenses and losses;

15  and all other services.

16         (m)(l)  "Pawnshop" means the location at which a

17  pawnbroker conducts business.

18         (n)(m)  "Permitted vendor" means a vendor who furnishes

19  a pawnbroker with an invoice specifying the vendor's name and

20  address, the date of the sale, a description of the items

21  sold, and the sales price, and who has an established place of

22  business, or, in the case of a secondhand dealer as defined in

23  s. 538.03, has represented in writing that such dealer has

24  complied with all applicable recordkeeping, reporting, and

25  retention requirements pertaining to goods sold or otherwise

26  delivered to a pawnbroker.

27         (o)(n)  "Person" means an individual, partnership,

28  corporation, joint venture, trust, association, or other legal

29  entity.

30         (p)(o)  "Pledged goods" means tangible personal

31  property that is deposited with, or otherwise delivered into

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    Florida Senate - 1999                           CS for SB 1820
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  1  the possession of a pawnbroker in connection with a pawn.

  2  "Pledged goods" does not include titles or any other form of

  3  written security in tangible property in lieu of actual

  4  physical possession, including, but not limited to, choses in

  5  action, securities, printed evidence of indebtedness, or

  6  certificates of title and other instruments evidencing title

  7  to separate items of property, including motor vehicles. For

  8  purposes of federal and state bankruptcy laws, a pledgor's

  9  interest in his or her pledged goods during the pendency of a

10  pawn is a right of redemption only.

11         (q)(p)  "Pledgor" means an individual who delivers

12  pledged goods into the possession of a pawnbroker in

13  connection with a pawn.

14         (r)(q)  "Purchase" means the transfer and delivery of

15  goods, by a person other than a permitted vendor, to a

16  pawnbroker by acquisition for value, consignment, or trade for

17  other goods.

18         (s)(r)  "Amount financed" is used interchangeably to

19  mean the same as "amount of money advanced" or "principal

20  amount".

21         (t)(s)  "Default date" means that date upon which the

22  pledgor's right of redemption expires and absolute right,

23  title, and interest in and to the pledged goods shall vest in

24  and shall be deemed conveyed to the pawnbroker by operation of

25  law.

26         (u)(t)  "Beneficial owner" means a person who does not

27  have title to property but has rights in the property which

28  are the normal incident of owning the property.

29         (v)(u)  "Operator" means a person who has charge of a

30  corporation or company and has control of its business, or of

31  its branch establishments, divisions, or departments, and who

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    Florida Senate - 1999                           CS for SB 1820
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  1  is vested with a certain amount of discretion and independent

  2  judgment.

  3         (7)  ORDERS IMPOSING PENALTIES.--

  4         (a)  The agency may enter an order imposing one or more

  5  of the penalties set forth in paragraph (b) if the agency

  6  finds that a pawnbroker:

  7         1.  Violated or is operating in violation of any of the

  8  provisions of this section or of the rules adopted or orders

  9  issued thereunder;

10         2.  Made a material false statement in any application,

11  document, or record required to be submitted or retained under

12  this section;

13         3.  Refused or failed, or any of its principal officers

14  has refused or failed, after notice, to produce any document

15  or records or disclose any information required to be produced

16  or disclosed under this section or the rules of the agency;

17         4.  Made a material false statement in response to any

18  request or investigation by the agency, the Department of

19  Legal Affairs, or the state attorney; or

20         5.  Has intentionally defrauded the public through

21  dishonest or deceptive means.

22         (8)  PAWNBROKER TRANSACTION FORM.--

23         (a)  At the time the pawnbroker enters into any pawn or

24  purchase transaction, the pawnbroker shall complete a

25  pawnbroker transaction form for such transaction, including an

26  indication of whether the transaction is a pawn or a purchase,

27  and the pledgor or seller shall sign such completed form. The

28  agency must approve the design and format of the pawnbroker

29  transaction form, which must be 8 1/2  inches x 11 inches in

30  size and elicit the information required under this section.

31  In completing the pawnbroker transaction form, the pawnbroker

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    Florida Senate - 1999                           CS for SB 1820
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  1  shall record the following information, which must be typed or

  2  printed in black ink written indelibly and legibly in English.

  3         (b)  The front of the pawnbroker transaction form must

  4  include:

  5         1.  The name and address of the pawnshop.

  6         2.  A complete and accurate printed description of the

  7  pledged goods or purchased goods, notwithstanding product

  8  identification letter codes imprinted on the form, including

  9  the following information, if applicable:

10         a.  Brand name.

11         b.  Model number.

12         c.  Manufacturer's serial number.

13         d.  Size.

14         e.  Color, as apparent to the untrained eye.

15         f.  Precious metal type, weight, and content, if known.

16         g.  Gemstone description, including the number of

17  stones.

18         h.  In the case of firearms, the type of action,

19  caliber or gauge, number of barrels, barrel length, and

20  finish.

21         i.  Any other unique identifying marks, numbers, names,

22  or letters.

23

24  Notwithstanding sub-subparagraphs a.-i., in the case of

25  multiple items of a similar nature delivered together in one

26  transaction which do not bear serial or model numbers and

27  which do not include precious metal or gemstones, such as

28  musical or video recordings, books, and hand tools, the

29  description of the items is adequate if it contains the

30  quantity of items and a description of the type of items

31  delivered.

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    Florida Senate - 1999                           CS for SB 1820
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  1         3.  The name, the current address, home telephone

  2  number, and place of employment, the date of birth, a physical

  3  description, and a substantial likeness of the right

  4  thumbprint of the pledgor or seller. The thumbprint must be

  5  placed on each copy of the pawnbroker transaction form. The

  6  pledgor's address must be given verbally and the proper

  7  identification number must be recorded. The pawnbroker is not

  8  responsible for verifying any information given verbally by

  9  the pledgor or seller.

10         4.  The date and time of the transaction.

11         5.  The type of identification accepted from the

12  pledgor or seller, including the issuing agency and the

13  identification number.

14         6.  In the case of a pawn:

15         a.  The amount of money advanced, which must be

16  designated as the amount financed;

17         b.  The maturity date of the pawn, which must be 30

18  days after the date of the pawn;

19         c.  The last default date of redemption of the pawn and

20  the amount due on the last default date of redemption;

21         d.  The total pawn service charge payable on the

22  maturity date, which must be designated as the finance charge;

23         e.  The amount financed plus the finance charge that

24  must be paid to redeem the pledged goods on the maturity date,

25  which must be designated as the total of payments;

26         f.  The annual percentage rate, computed according to

27  the regulations adopted by the Federal Reserve Board under the

28  federal Truth in Lending Act; and

29         g.  The front or back of the pawnbroker transaction

30  form must include a statement that:

31

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    Florida Senate - 1999                           CS for SB 1820
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  1         (I)  Any personal property pledged to a pawnbroker

  2  within this state which is not redeemed within 30 days

  3  following the maturity date of the pawn, if the 30th day is

  4  not a business day, then the following business day, is

  5  automatically forfeited to the pawnbroker, and absolute right,

  6  title, and interest in and to the property vests in and is

  7  deemed conveyed to the pawnbroker by operation of law, and no

  8  further notice is necessary;

  9         (II)  The pledgor is not obligated to redeem the

10  pledged goods; and

11         (III)  If the pawnbroker transaction form is lost,

12  destroyed, or stolen, the pledgor must immediately advise the

13  issuing pawnbroker in writing by certified or registered mail,

14  return receipt requested, or in person evidenced by a signed

15  receipt.

16         (IV)  A pawn may be extended upon mutual agreement of

17  the parties.

18         7.  In the case of a purchase, the amount of money paid

19  for the goods or the monetary value assigned to the goods in

20  connection with the transaction.

21         8.  A statement that the pledgor or seller of the item

22  represents and warrants that it is not stolen, that it has no

23  liens or encumbrances against it, and that the pledgor or

24  seller is the rightful owner of the goods and has the right to

25  enter into the transaction.

26         9.  The name, initials, or employee identification

27  number of the clerk completing the transaction form.

28

29  Any person who knowingly gives false verification of ownership

30  or gives a false or altered identification and who receives

31  money from a pawnbroker for goods sold or pledged commits:

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  1         a.  If the value of the money received is less than

  2  $300, a felony of the third degree, punishable as provided in

  3  s. 775.082, s. 775.083, or s. 775.084.

  4         b.  If the value of the money received is $300 or more,

  5  a felony of the second degree, punishable as provided in s.

  6  775.082, s. 775.083, or s. 775.084.

  7         (9)  RECORDKEEPING; REPORTING; HOLD PERIOD.--

  8         (a)  A pawnbroker must maintain a copy of each

  9  completed pawnbroker transaction form on the pawnshop premises

10  for at least 1 year after the date of the transaction. On or

11  before the end of each business day, the pawnbroker must

12  deliver to the appropriate law enforcement official the

13  original pawnbroker transaction forms for each of the

14  transactions occurring during the previous business day,

15  unless other arrangements have been agreed upon between the

16  pawnbroker and the appropriate law enforcement official. The

17  sheriff, as chief law enforcement officer of the county, or

18  the director of the department of public safety when there is

19  no sheriff, is designated as the central repository for

20  information from the pawnbroker transaction form collected by

21  the appropriate law enforcement official in the county as

22  provided in subparagraphs (8)(b)1., 2., and 4. Upon request by

23  the sheriff or public safety director, the appropriate law

24  enforcement official shall submit the information from the

25  pawnbroker transaction form as provided in subparagraphs

26  (8)(b)1., 2., and 4. to the sheriff or public safety director

27  within a time and in such form as is determined by the sheriff

28  or public safety director after consultation with the

29  appropriate law enforcement official. The sheriff or public

30  safety director, based upon a showing of probable cause that a

31  reported item has been misappropriated, may request and shall

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    Florida Senate - 1999                           CS for SB 1820
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  1  receive any additional information pertaining to such item as

  2  provided in subparagraphs (8)(b)3., 5., and 6. or may request

  3  and receive a copy of the pawnbroker's transaction form. If

  4  the original transaction form is lost or destroyed by the

  5  appropriate law enforcement official, a copy may be used by

  6  the pawnbroker as evidence in court. When an electronic image

  7  of a pledgor or seller identification is accepted for a

  8  transaction, the pawnbroker must maintain the electronic image

  9  in order to meet the same recordkeeping requirements as for

10  the original transaction form. If a criminal investigation

11  occurs, the pawnbroker shall, upon request, provide a clear

12  and legible copy of the image to the appropriate law

13  enforcement official.

14         (b)  If the appropriate law enforcement agency supplies

15  the appropriate software and the pawnbroker presently has the

16  computer ability, pawn transactions shall be electronically

17  transferred. If a pawnbroker does not presently have the

18  computer ability, the appropriate law enforcement agency may

19  provide the pawnbroker with a computer and all necessary

20  equipment for the purpose of electronically transferring pawn

21  transactions. The appropriate law enforcement agency shall

22  retain ownership of the computer, unless otherwise agreed

23  upon. The pawnbroker shall maintain the computer in good

24  working order, ordinary wear and tear excepted. Regardless of

25  whether the appropriate law enforcement agency has provided

26  the pawnbroker with the computer hardware necessary for this

27  electronic transfer, all pawnbrokers must computerize their

28  records by July 1, 2005. These computerized records must

29  provide for the export of pawn transaction data in the file

30  format and manner specified by the sheriff for inclusion in

31  the statewide database. In the event the pawnbroker transfers

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  1  pawn transactions electronically, the pawnbroker is not

  2  required to also deliver to the appropriate law enforcement

  3  official the original or copies of the pawnbroker transaction

  4  forms. For audit purposes, the appropriate law enforcement

  5  official may manually collect the original or a copy of the

  6  completed transaction forms for review, with those forms being

  7  returned to the pawnbroker within 15 business days. The

  8  appropriate law enforcement official may, for the purposes of

  9  a criminal investigation, request that the pawnbroker produce

10  an original of a transaction form that has been electronically

11  transferred. The pawnbroker shall deliver this form to the

12  appropriate law enforcement official within 24 hours of the

13  request.

14         (c)  There shall be a statewide system for collecting

15  and accessing pawnshop ticket and second-hand dealer

16  information as defined in chapters 538 and 539. The system

17  shall be administered by the sheriffs and shall include the

18  database known as the Florida Sheriffs' Property Recovery

19  Database.  This database shall be the officially recognized

20  statewide database for all pawnshop ticket and second-hand

21  dealer information for which collection is required by law.

22         1.  Any law enforcement official who is authorized by

23  law, and who meets the requirements established by and is

24  approved by the sheriffs shall have access to the Florida

25  Sheriffs' Property Recovery Database, in a manner prescribed

26  by the sheriffs.

27         2.  In order to establish a more efficient and

28  effective system, the sheriffs, which includes the Director of

29  Public Safety in Dade County, as the chief law enforcement

30  officers of their respective counties, shall be designated as

31  the central repository agencies for all pawnshop ticket and

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  1  second-hand dealer information collected in their counties.

  2  Any other law enforcement agency collecting this information

  3  shall deliver the information, once collected, to the sheriff

  4  of the county in which it is collected, which includes the

  5  Director of Public Safety in Miami-Dade County, in a manner

  6  prescribed by the sheriffs.  Upon receiving the information

  7  the sheriffs, which includes the Director of Public Safety in

  8  Miami-Dade County, shall cause the information to be

  9  transferred to the Florida Sheriffs' Property Recovery

10  Database by electronic transmission or by other means approved

11  by the sheriffs. Pawnbroker transaction form information

12  initially transferred to the Florida Sheriffs' Association

13  Property Recovery Database shall be the information provided

14  in subparagraphs 8(b)1., 2., and 4. The Florida Sheriffs' Task

15  Force, based upon a showing of probable cause that a reported

16  item has been misappropriated, may request and shall receive

17  any additional information pertaining to such item as provided

18  in subparagraphs (8)(b)3., 5., and 6.

19         3.  The Florida Sheriffs' Property Recovery Database

20  may be accessed through "FLASH," the Florida Sheriffs'

21  Statewide Computer Networking System, or through any other

22  avenue approved by the sheriffs. Any costs or fees incurred or

23  to be incurred by the Florida Department of Law Enforcement or

24  the Florida police chiefs must be approved by the Department

25  of Law Enforcement and the Florida Police Chiefs' Association

26  jointly. Data that is supplied to the sheriffs may not be

27  resold or used to generate revenue for the sheriffs. The

28  sheriffs shall act only in the capacity of a repository for

29  the data.

30         4.  The sheriffs, in consultation with the Florida

31  Police Chiefs' Association and the Department of Law

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  1  Enforcement, shall establish the standards and requirements

  2  for transmitting and transferring the information into the

  3  statewide system and access approval.

  4         (d)(c)  All goods delivered to a pawnbroker in a pawn

  5  or purchase transaction must be securely stored and maintained

  6  in an unaltered condition within the jurisdiction of the

  7  appropriate law enforcement official for a period of 30

  8  calendar days after the transaction. Those goods delivered to

  9  a pawnbroker in a purchase transaction may not be sold or

10  otherwise disposed of before the expiration of such period.

11  The pawnbroker shall make all pledged and purchased goods and

12  all records relating to such goods available for inspection by

13  the appropriate law enforcement official during normal

14  business hours throughout such period. The pawnbroker must

15  store and maintain pledged goods for the period prescribed in

16  subsection (10) unless the pledged goods are redeemed earlier;

17  provided, however, that within the first 30 days after the

18  original pawn, the pledged goods may be redeemed only by the

19  pledgor or the pledgor's attorney in fact.

20         (11)  PAWN SERVICE CHARGES.--

21         (b)  The default date of any pawn may be extended to a

22  subsequent date by mutual agreement, between the pledgor and

23  the pawnbroker except the pawnbroker may not impose a minimum

24  duration of more than 30 days, evidenced by a written

25  memorandum, a copy of which must be supplied to the pledgor,

26  which must clearly specify the new default date, and the pawn

27  service charges owed on the new default date. In this event,

28  the daily pawn service charge for the extension shall be equal

29  to the pawn service charge for the original 30-day period

30  divided by 30 days (i.e., one-thirtieth of the original total

31

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  1  pawn service charge). There is no limit on the number of

  2  extensions that the parties may agree to.

  3         (12)  PROHIBITED ACTS.--A pawnbroker, or an employee or

  4  agent of a pawnbroker, may not:

  5         (b)  Refuse to allow the agency, the appropriate law

  6  enforcement official, or the state attorney, or any of their

  7  designated representatives having jurisdiction, to inspect

  8  completed pawnbroker transaction forms or any record

  9  pertaining to such transactions, including computer records,

10  or pledged or purchased goods during the ordinary hours of the

11  pawnbroker's business or other time acceptable to both

12  parties. Upon request of the alleged owner or claimant of the

13  disputed property, the appropriate law enforcement official

14  shall disclose to a claimant or alleged owner the name and

15  address of the pawnbroker, the name and address of the

16  conveying customer, and a description of disputed property

17  that has been pawned, purchased, or consigned goods that the

18  claimant claims to be misappropriated. The pawnbroker may not

19  refuse to allow access to any area of the licensed business

20  location or any other location where pledged or purchased

21  property is stored. Any locations other than the licensed

22  location used for storage must be disclosed to the law

23  enforcement officer.

24         (l)  Operate a pawnshop between the hours of 10 p.m.

25  and 7 a.m.

26         (m)  Knowingly hire anyone to work in a pawnshop who

27  has been convicted of, or entered a plea of guilty or nolo

28  contendere to, or had adjudication withheld for a felony

29  within the last 5 years, or been convicted of, or entered a

30  plea of guilty or nolo contendere to, or had adjudication

31  withheld for a crime within the last 5 years which involves

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  1  theft, larceny, dealing in stolen property, receiving stolen

  2  property, burglary, embezzlement, obtaining property by false

  3  pretenses, possession of altered property, or any fraudulent,

  4  or dishonest dealing.

  5         (16)  HOLD ORDERS; ISSUANCE; REQUIRED INFORMATION;

  6  PROCEDURES.--

  7         (a)  When a an appropriate law enforcement official in

  8  this state has probable cause to believe that property in the

  9  possession of a pawnbroker is misappropriated, the official

10  may place a written hold order on the property.  The written

11  hold order shall impose a holding period not to exceed 120 90

12  days unless extended by court order. A The appropriate law

13  enforcement official in this state may rescind, in writing,

14  any hold order, but. An appropriate law enforcement official

15  may place only one hold order on property.

16         (b)  Upon the expiration of the holding period, the

17  pawnbroker shall notify, in writing, a the appropriate law

18  enforcement official in this state by certified mail, return

19  receipt requested, that the holding period has expired.  If,

20  on the 10th day after the written notice has been received by

21  a the appropriate law enforcement official in this state, the

22  pawnbroker has not received from a court an extension of the

23  hold order on the property and the property is not the subject

24  of a proceeding under subsection (15), title to the property

25  shall vest in and be deemed conveyed by operation of law to

26  the pawnbroker, free of any liability for claims but subject

27  to any restrictions contained in the pawn transaction contract

28  and subject to the provisions of this section.

29         (c)  A hold order must specify:

30         1.  The name and address of the pawnbroker.

31

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  1         2.  The name, title, and identification number of the

  2  representative of the appropriate law enforcement official or

  3  the court placing the hold order.

  4         3.  If applicable, the name and address of the

  5  appropriate law enforcement official in this state or court to

  6  which such representative is attached and the number, if any,

  7  assigned to the claim regarding the property.

  8         4.  A complete description of the property to be held,

  9  including model number and serial number if applicable.

10         5.  The name of the person reporting the property to be

11  misappropriated unless otherwise prohibited by law.

12         6.  The mailing address of the pawnbroker where the

13  property is held.

14         7.  The expiration date of the holding period.

15         (d)  The pawnbroker or the pawnbroker's representative

16  must sign and date a copy of the hold order as evidence of

17  receipt of the hold order and the beginning of the 90-day

18  holding period.

19         (e)1.  Except as provided in subparagraph 2., a

20  pawnbroker may not release or dispose of property subject to a

21  hold order except pursuant to a court order, a written release

22  from a the appropriate law enforcement official in this state,

23  or the expiration of the holding period of the hold order.

24         2.  While a hold order is in effect, the pawnbroker

25  must upon request release the property subject to the hold

26  order to the custody of a the appropriate law enforcement

27  official in this state for use in a criminal investigation.

28  The release of the property to the custody of a the

29  appropriate law enforcement official in this state is not

30  considered a waiver or release of the pawnbroker's property

31  rights or interest in the property. Upon completion of the

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  1  criminal proceeding, the property must be returned to the

  2  pawnbroker unless the court orders other disposition. When

  3  such other disposition is ordered, the court shall

  4  additionally order the conveying customer to pay restitution

  5  to the pawnbroker in the amount received by the conveying

  6  customer for the property together with reasonable attorney's

  7  fees and costs.

  8         (17)  CRIMINAL PENALTIES.--

  9         (b)  In addition to any other penalty, any person, who

10  willfully violates this section or who willfully makes a false

11  entry in any record specifically required by this section

12  commits a misdemeanor of the first degree, punishable as

13  provided in s. 775.082 or s. 775.083. Clerical or

14  recordkeeping errors, such as typographical errors or

15  scrivener errors, regarding any document or record required by

16  this section do not constitute a willful violation of this

17  section and are not subject to criminal penalties. Clerical

18  errors or recordkeeping errors are subject to administrative

19  remedies as provided in this act.

20         Section 2.  Subsection (1) of section 539.003, Florida

21  Statutes, is amended to read:

22         539.003  Confidentiality.--

23         (1)  All records relating to pawnbroker transactions

24  delivered to appropriate law enforcement officials pursuant to

25  s. 539.001 are confidential and exempt from the provisions of

26  s. 119.07(1) and s. 24(a), Art. I of the State Constitution

27  and may be used only for official law enforcement purposes.

28  This section does not prohibit the disclosure by the

29  appropriate law enforcement officials of the name and address

30  of the pawnbroker, the name and address of the conveying

31

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  1  customer, or a description of pawned, purchased, or conveyed

  2  property to the alleged owner of pawned property.

  3         Section 3.  Present subsections (3), (4), and (5) of

  4  section 538.04, Florida Statutes, 1998 Supplement, are

  5  redesignated as subsections (4), (5), and (6), respectively,

  6  and a new subsection (3) is added to that section to read:

  7         538.04  Recordkeeping requirements; penalties.--

  8         (3)  If the appropriate law enforcement agency supplies

  9  the appropriate software and the secondhand dealer presently

10  has computer capability, transactions of secondhand goods

11  shall be electronically transferred. If a secondhand dealer

12  does not presently have computer capability, the appropriate

13  law enforcement agency may provide the secondhand dealer with

14  a computer and all necessary equipment for the purpose of

15  electronically transferring transactions of secondhand goods.

16  The appropriate law enforcement agency shall retain ownership

17  of the computer, unless otherwise agreed upon. The secondhand

18  dealer shall maintain the computer in good working order,

19  ordinary wear and tear excepted. In the event the secondhand

20  dealer transfers transactions of secondhand goods

21  electronically, the secondhand dealer is not also required to

22  deliver to the appropriate law enforcement official the

23  original or copies of the secondhand goods transaction forms.

24  The appropriate law enforcement official may, for the purposes

25  of a criminal investigation, request that the secondhand

26  dealer produce an original of a transaction form that has been

27  electronically transferred. The secondhand dealer shall

28  deliver this form to the appropriate law enforcement official

29  within 24 hours of the request.

30         Section 4.  This act shall take effect upon becoming a

31  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1820

  3

  4  Limits the information received by the sheriff or public
    safety director, as the central repository, to information
  5  specified in s. 539.001(8)(b)1.,2., and 4., F.S., which
    includes the name and address of the pawnshop, a complete and
  6  accurate printed description of the pledged goods or purchased
    goods, and the date and time of the transaction.  The
  7  committee substitute provides that the sheriff or public
    safety director, based upon a showing of probable cause that a
  8  reported item has been misappropriated, may request and shall
    receive from the pawnbroker any additional information
  9  specified in s. 539.001(8)(b)3.,5., and 6., which includes
    information related to the individual, such as name, address,
10  phone number, date of birth, fingerprint, type of I.D.
    accepted, the amount of money advanced, and other related
11  information.

12  Limits the information provided to the Florida Sheriff's
    Association Property Recovery Database in the same manner as
13  limited to sheriffs and public safety directors, as specified
    above.
14
    Specifies that the information that is supplied to the
15  sheriffs may not be resold or used to generate revenue for the
    sheriffs, who shall act only in the capacity of a repository
16  for the data.

17  Revises the amendments to s. 539.001(17), F.S., related to
    criminal penalties, to retain the element that a violation be
18  "willful" and to specify that clerical or recordkeeping errors
    regarding any document or record required by this section do
19  not constitute a willful violation subject to criminal
    penalties, but are subject to administrative remedies as
20  provided in this act.

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