House Bill 0555c2
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Florida House of Representatives - 1999 CS/CS/HB 555
By the Committees on Business Regulation & Consumer
Affairs, Law Enforcement & Crime Prevention and Representative
Bloom
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.; providing that the Division of
5 Consumer Services of the Department of
6 Agriculture and Consumer Services must approve
7 the design and format of pawnbroker transaction
8 forms in consultation with the Florida
9 Department of Law Enforcement; revising
10 recordkeeping requirements for pawnbrokers to
11 provide that the sheriff or the director of the
12 department of public safety is designated as
13 the central repository for specified pawn
14 ticket information collected by the appropriate
15 law enforcement official in the county;
16 providing for submission of specified pawn
17 ticket information to the sheriff or public
18 safety director upon request; providing for the
19 submission of additional information under
20 certain circumstances; providing for a
21 statewide system for collecting and accessing
22 pawnshop ticket and secondhand dealer
23 information; requiring the Florida Sheriffs'
24 Association Statewide Task Force to administer
25 the system; providing authorized law
26 enforcement officials access to the Florida
27 Sheriffs' Association Property Recovery
28 Database; designating the sheriffs or public
29 safety directors as central repositories
30 responsible for all pawnshop ticket and
31 secondhand dealer information collected in each
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1 county; requiring the sheriffs or public safety
2 directors to transfer such information to the
3 statewide property recovery database; providing
4 for the establishment of standards and
5 requirements with respect to the transfer of
6 such information; providing for access and
7 approval fees; amending s. 538.04, F.S.;
8 providing for electronic transfer of
9 transactions of secondhand goods; authorizing
10 the appropriate law enforcement agency to
11 provide a secondhand dealer with a computer and
12 necessary equipment for the electronic transfer
13 of transactions of secondhand goods; providing
14 procedures with respect to the electronic
15 transfer of transactions of secondhand goods;
16 amending s. 812.155, F.S.; removing the
17 exclusion of rental-purchase agreements from
18 provisions which provide criminal penalties for
19 hiring, leasing, or obtaining personal property
20 with intent to defraud and failing to return
21 hired or leased personal property or equipment;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsections (8) and (9) of section 539.001,
27 Florida Statutes, are amended to read:
28 539.001 The Florida Pawnbroking Act.--
29 (8) PAWNBROKER TRANSACTION FORM.--
30 (a) At the time the pawnbroker enters into any pawn or
31 purchase transaction, the pawnbroker shall complete a
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Florida House of Representatives - 1999 CS/CS/HB 555
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1 pawnbroker transaction form for such transaction, including an
2 indication of whether the transaction is a pawn or a purchase,
3 and the pledgor or seller shall sign such completed form. The
4 agency, in consultation with the Florida Department of Law
5 Enforcement, must approve the design and format of the
6 pawnbroker transaction form, which must be 8 1/2 inches x 11
7 inches in size and elicit the information required under this
8 section. In completing the pawnbroker transaction form, the
9 pawnbroker shall record the following information, which must
10 be typed or written indelibly and legibly in English.
11 (b) The front of the pawnbroker transaction form must
12 include:
13 1. The name and address of the pawnshop.
14 2. A complete and accurate description of the pledged
15 goods or purchased goods, including the following information,
16 if applicable:
17 a. Brand name.
18 b. Model number.
19 c. Manufacturer's serial number.
20 d. Size.
21 e. Color, as apparent to the untrained eye.
22 f. Precious metal type, weight, and content, if known.
23 g. Gemstone description, including the number of
24 stones.
25 h. In the case of firearms, the type of action,
26 caliber or gauge, number of barrels, barrel length, and
27 finish.
28 i. Any other unique identifying marks, numbers, names,
29 or letters.
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31
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1 Notwithstanding sub-subparagraphs a.-i., in the case of
2 multiple items of a similar nature delivered together in one
3 transaction which do not bear serial or model numbers and
4 which do not include precious metal or gemstones, such as
5 musical or video recordings, books, and hand tools, the
6 description of the items is adequate if it contains the
7 quantity of items and a description of the type of items
8 delivered.
9 3. The name, address, home telephone number, place of
10 employment, date of birth, physical description, and right
11 thumbprint of the pledgor or seller.
12 4. The date and time of the transaction.
13 5. The type of identification accepted from the
14 pledgor or seller, including the issuing agency and the
15 identification number.
16 6. In the case of a pawn:
17 a. The amount of money advanced, which must be
18 designated as the amount financed;
19 b. The maturity date of the pawn, which must be 30
20 days after the date of the pawn;
21 c. The default date of the pawn and the amount due on
22 the default date;
23 d. The total pawn service charge payable on the
24 maturity date, which must be designated as the finance charge;
25 e. The amount financed plus the finance charge that
26 must be paid to redeem the pledged goods on the maturity date,
27 which must be designated as the total of payments;
28 f. The annual percentage rate, computed according to
29 the regulations adopted by the Federal Reserve Board under the
30 federal Truth in Lending Act; and
31
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1 g. The front or back of the pawnbroker transaction
2 form must include a statement that:
3 (I) Any personal property pledged to a pawnbroker
4 within this state which is not redeemed within 30 days
5 following the maturity date of the pawn, if the 30th day is
6 not a business day, then the following business day, is
7 automatically forfeited to the pawnbroker, and absolute right,
8 title, and interest in and to the property vests in and is
9 deemed conveyed to the pawnbroker by operation of law, and no
10 further notice is necessary;
11 (II) The pledgor is not obligated to redeem the
12 pledged goods; and
13 (III) If the pawnbroker transaction form is lost,
14 destroyed, or stolen, the pledgor must immediately advise the
15 issuing pawnbroker in writing by certified or registered mail,
16 return receipt requested, or in person evidenced by a signed
17 receipt.
18 (IV) A pawn may be extended upon mutual agreement of
19 the parties.
20 7. In the case of a purchase, the amount of money paid
21 for the goods or the monetary value assigned to the goods in
22 connection with the transaction.
23 8. A statement that the pledgor or seller of the item
24 represents and warrants that it is not stolen, that it has no
25 liens or encumbrances against it, and that the pledgor or
26 seller is the rightful owner of the goods and has the right to
27 enter into the transaction.
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 (c) A pawnbroker transaction form must provide a space
8 for the imprint of the right thumbprint of the pledgor or
9 seller and a blank line for the signature of the pledgor or
10 seller.
11 (d) At the time of the pawn or purchase transaction,
12 the pawnbroker shall deliver to the pledgor or seller an exact
13 copy of the completed pawnbroker transaction form.
14 (9) RECORDKEEPING; REPORTING; HOLD PERIOD.--
15 (a) A pawnbroker must maintain a copy of each
16 completed pawnbroker transaction form on the pawnshop premises
17 for at least 1 year after the date of the transaction. On or
18 before the end of each business day, the pawnbroker must
19 deliver to the appropriate law enforcement official the
20 original pawnbroker transaction forms for each of the
21 transactions occurring during the previous business day,
22 unless other arrangements have been agreed upon between the
23 pawnbroker and the appropriate law enforcement official. The
24 sheriff, as chief law enforcement officer of the county, or
25 the director of the department of public safety when there is
26 no sheriff, is designated as the central repository for pawn
27 ticket information collected by the appropriate law
28 enforcement official in the county as provided in
29 subparagraphs (8)(b)1., 2., and 4. Upon request by the sheriff
30 or public safety director, the appropriate law enforcement
31 official shall submit the pawn ticket information as provided
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1 in subparagraphs (8)(b)1., 2., and 4. to the sheriff or public
2 safety director within a time and in such form as is
3 determined by the sheriff or public safety director after
4 consultation with the appropriate law enforcement official.
5 The sheriff or public safety director, based upon a showing of
6 probable cause that a reported item has been misappropriated,
7 may request and shall receive any additional information
8 pertaining to such item as provided in subparagraphs (8)(b)
9 3., 5., and 6. or may request and receive a copy of the pawn
10 transaction form. If the original transaction form is lost or
11 destroyed by the appropriate law enforcement official, a copy
12 may be used by the pawnbroker as evidence in court. When an
13 electronic image of a pledgor or seller identification is
14 accepted for a transaction, the pawnbroker must maintain the
15 electronic image in order to meet the same recordkeeping
16 requirements as for the original transaction form. If a
17 criminal investigation occurs, the pawnbroker shall, upon
18 request, provide a clear and legible copy of the image to the
19 appropriate law enforcement official.
20 (b) If the appropriate law enforcement agency supplies
21 the appropriate software and the pawnbroker presently has the
22 computer ability, pawn transactions shall be electronically
23 transferred. If a pawnbroker does not presently have the
24 computer ability, the appropriate law enforcement agency may
25 provide the pawnbroker with a computer and all necessary
26 equipment for the purpose of electronically transferring pawn
27 transactions. The appropriate law enforcement agency shall
28 retain ownership of the computer, unless otherwise agreed
29 upon. The pawnbroker shall maintain the computer in good
30 working order, ordinary wear and tear excepted. In the event
31 the pawnbroker transfers pawn transactions electronically, the
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1 pawnbroker is not required to also deliver to the appropriate
2 law enforcement official the original or copies of the
3 pawnbroker transaction forms. The appropriate law enforcement
4 official may, for the purposes of a criminal investigation,
5 request that the pawnbroker produce an original of a
6 transaction form that has been electronically transferred. The
7 pawnbroker shall deliver this form to the appropriate law
8 enforcement official within 24 hours of the request.
9 (c) There shall be a statewide system for collecting
10 and accessing pawnshop ticket and secondhand dealer
11 information as defined in chapters 538 and 539. The system
12 shall be administered by the Florida Sheriffs' Association
13 Statewide Task Force, which shall include the database known
14 as the Florida Sheriffs' Property Recovery Database. This
15 database shall be the officially recognized statewide database
16 for all pawnshop ticket and secondhand dealer information for
17 which collection is required by law.
18 1. Any law enforcement official who is authorized by
19 law, and who meets the requirements established by and is
20 approved by the Florida Sheriffs' Association Statewide Task
21 Force, shall have access to the Florida Sheriffs' Property
22 Recovery Database in a manner prescribed by the Florida
23 Sheriffs' Association Statewide Task Force.
24 2. In order to establish a more efficient and
25 effective statewide system for collecting and accessing
26 pawnshop ticket and secondhand dealer information, the
27 sheriff, as chief law enforcement officer of the county, or
28 the director of the department of public safety when there is
29 no sheriff, shall be designated as the central repository for
30 all pawnshop ticket and secondhand dealer information
31 collected in the county. Any other law enforcement agency
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1 collecting this information shall deliver the information,
2 once collected, to the sheriff of the county in which it is
3 collected, or the director of the department of public safety
4 of the county in which it is collected when there is no
5 sheriff, in a manner prescribed by the Florida Sheriffs'
6 Association Statewide Task Force. Upon receiving the
7 information, the sheriff or the public safety director, as
8 appropriate, shall cause the information to be transferred to
9 the Florida Sheriffs' Property Recovery Database by electronic
10 transmission or by other means approved by the Florida
11 Sheriffs' Association Statewide Task Force. Pawn ticket
12 information initially transferred to the Florida Sheriff's
13 Association Property Recovery Database shall be the
14 information as contained in subparagraphs (8)(b) 1., 2., and
15 4. The Florida Sheriff's Task Force, based upon a showing of
16 probable cause that a reported item has been misappropriated,
17 may request and shall receive any additional information
18 pertaining to such item as contained in subparagraphs (8)(b)
19 3., 5., and 6.
20 3. The Florida Sheriffs' Property Recovery Database
21 may be accessed through "FLASH," the Florida Sheriffs'
22 statewide computer networking system, or through any other
23 means approved by the Florida Sheriffs' Association Statewide
24 Task Force.
25 4. The Florida Sheriffs' Association Statewide Task
26 Force shall establish the standards and requirements for
27 transmitting and transferring the information into the
28 statewide system and access approval and fees.
29 (d)(c) All goods delivered to a pawnbroker in a pawn
30 or purchase transaction must be securely stored and maintained
31 in an unaltered condition within the jurisdiction of the
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1 appropriate law enforcement official for a period of 30
2 calendar days after the transaction. Those goods delivered to
3 a pawnbroker in a purchase transaction may not be sold or
4 otherwise disposed of before the expiration of such period.
5 The pawnbroker shall make all pledged and purchased goods and
6 all records relating to such goods available for inspection by
7 the appropriate law enforcement official during normal
8 business hours throughout such period. The pawnbroker must
9 store and maintain pledged goods for the period prescribed in
10 subsection (10) unless the pledged goods are redeemed earlier;
11 provided, however, that within the first 30 days after the
12 original pawn, the pledged goods may be redeemed only by the
13 pledgor or the pledgor's attorney in fact.
14 Section 2. Subsections (4) and (5) of section 538.04,
15 Florida Statutes, 1998 Supplement, are renumbered as
16 subsections (5) and (6), respectively, and a new subsection
17 (4) is added to said section to read:
18 538.04 Recordkeeping requirements; penalties.--
19 (4) If the appropriate law enforcement agency supplies
20 the appropriate software and the secondhand dealer presently
21 has computer capability, transactions of secondhand goods
22 shall be electronically transferred. If a secondhand dealer
23 does not presently have computer capability, the appropriate
24 law enforcement agency may provide the secondhand dealer with
25 a computer and all necessary equipment for the purpose of
26 electronically transferring transactions of secondhand goods.
27 The appropriate law enforcement agency shall retain ownership
28 of the computer, unless otherwise agreed upon. The secondhand
29 dealer shall maintain the computer in good working order,
30 ordinary wear and tear excepted. In the event the secondhand
31 dealer transfers transactions of secondhand goods
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1 electronically, the secondhand dealer is not required to also
2 deliver to the appropriate law enforcement official the
3 original or copies of the secondhand goods transaction forms.
4 The appropriate law enforcement official may, for the purposes
5 of a criminal investigation, request that the secondhand
6 dealer produce an original of a transaction form that has been
7 electronically transferred. The secondhand dealer shall
8 deliver this form to the appropriate law enforcement official
9 within 24 hours of the request.
10 (5)(4) Any person who knowingly gives false
11 verification of ownership or who gives a false or altered
12 identification, and who receives money from a secondhand
13 dealer for goods sold or pledged commits:
14 (a) If the value of the money received is less than
15 $300, a misdemeanor of the first degree, punishable as
16 provided in s. 775.082 or s. 775.083.
17 (b) If the value of the money received is $300 or
18 more, a felony of the third degree, punishable as provided in
19 s. 775.082, s. 775.083, or s. 775.084.
20 (6)(5) Secondhand dealers are exempt from the
21 provisions of this section for all transactions involving
22 secondhand sports equipment except secondhand sports equipment
23 that is permanently labeled with a serial number.
24 Section 3. Subsection (7) of section 812.155, Florida
25 Statutes, 1998 Supplement, is amended to read:
26 812.155 Hiring, leasing, or obtaining personal
27 property or equipment with the intent to defraud; failing to
28 return hired or leased personal property or equipment; rules
29 of evidence.--
30 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
31 section does not apply to personal property or equipment that
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1 is the subject of a rental-purchase agreement that permits the
2 lessee to acquire ownership of the personal property or
3 equipment.
4 Section 4. This act shall take effect upon becoming a
5 law.
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