House Bill 1433

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    Florida House of Representatives - 2000                HB 1433

        By Representative Levine






  1                      A bill to be entitled

  2         An act relating to pawnbrokers; amending s.

  3         539.001, F.S.; providing a penalty for

  4         falsifying certain information; requiring

  5         pawnbrokers to post certain notices; specifying

  6         notice contents; requiring pawnbrokers to

  7         provide copies of certain information to

  8         certain persons; revising procedures related to

  9         claims for misappropriated goods held by a

10         pawnbroker; providing a penalty for pawning

11         stolen property through a pawnbroker; removing

12         the prohibition against local governments

13         enacting ordinances that are more restrictive

14         than the provisions of general law or that

15         restrict the hours of operations of pawnshops;

16         providing an effective date.

17

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

19

20         Section 1.  Paragraph (e) is added to subsection (8),

21  paragraph (d) is added to subsection (9), and paragraph (c) is

22  added to subsection (17) of section 539.001, Florida Statutes,

23  and subsections (15) and (20) are amended, to read:

24         539.001  The Florida Pawnbroking Act.--

25         (8)  PAWNBROKER TRANSACTION FORM.--

26         (e)  Any person who falsifies any information required

27  to be provided on a pawn transaction form commits a felony of

28  the third degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         (9)  RECORDKEEPING; REPORTING; HOLD PERIOD; NOTICE.--

31

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  1         (d)  A pawnbroker shall post a written notice on the

  2  premises of the pawnshop, in a location which is easily

  3  visible to pawnshop patrons, explaining how and by which

  4  entity pawnshops are regulated, the rights of pawnbrokers,

  5  pledgors or sellers, and beneficial owners, and how the claims

  6  process operates with respect to stolen items that are

  7  recovered. A copy of such notice shall also be provided, at

  8  the time a police report is made concerning a theft or

  9  misappropriation of property, to any claimant or person whose

10  property has been stolen. A pawnbroker shall also post a

11  written notice of the prohibitions and penalties provided in

12  this section and provide each pledgor or seller with a copy of

13  such notice.

14         (15)  CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS

15  HELD BY PAWNBROKERS.--

16         (a)  To obtain possession of purchased or pledged goods

17  held by a pawnbroker which a claimant claims to be

18  misappropriated, the claimant must notify the pawnbroker by

19  certified mail, return receipt requested, or in person

20  evidenced by signed receipt, of the claimant's claim to the

21  purchased or pledged goods. The notice must contain a complete

22  and accurate description of the purchased or pledged goods and

23  must be accompanied by a legible copy of the applicable law

24  enforcement agency's report on the misappropriation of such

25  property. The claimant must provide a receipt that evidences

26  proof of purchase of the goods. Upon receipt of such proof,

27  the pawnbroker must immediately convey the misappropriated

28  goods to the claimant. If the claimant does not have a receipt

29  and If the claimant and the pawnbroker do not resolve the

30  matter within 10 days after the pawnbroker's receipt of the

31  notice, the claimant may petition the court to order the

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  1  return of the property, naming the pawnbroker as a defendant,

  2  and must serve the pawnbroker with a copy of the petition. The

  3  pawnbroker shall hold the property described in the petition

  4  until the right to possession is resolved by the parties or by

  5  a court of competent jurisdiction. The court shall waive any

  6  filing fee for the petition to recover the property, and the

  7  sheriff shall waive the service fees. The pawnbroker must

  8  petition the court for restitution from the conveying

  9  customer, naming such customer as defendant and serving him or

10  her with a copy of the petition.

11         (b)  If, after notice and a hearing, the court finds

12  that the property was misappropriated, the pawnbroker and

13  orders the return of the property to the claimant:

14         1.  The claimant may recover from the conveying

15  customer pawnbroker the cost of the action, including the

16  pawnbroker's claimant's reasonable attorney's fees, taxable

17  costs, and the full amount the conveying customer received

18  from the pawnbroker for the property, plus all applicable pawn

19  charges.; and

20         2.  If the conveying customer is convicted of theft, a

21  violation of this section, or dealing in stolen property, the

22  court shall order the conveying customer to repay the

23  pawnbroker the full amount the conveying customer received

24  from the pawnbroker for the property, plus all applicable pawn

25  service charges. As used in this paragraph, the term

26  "convicted of" includes a plea of nolo contendere to the

27  charges or any agreement in which adjudication is withheld;

28  and

29         3.  The conveying customer shall be responsible to pay

30  all attorney's fees and taxable costs incurred by the

31  pawnbroker in defending a replevin action or any other civil

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  1  matter wherein it is found that the conveying customer was in

  2  violation of this paragraph.

  3         (c)  If the court finds that the claimant failed to

  4  comply with the requirements in paragraph (a) or otherwise

  5  finds against the claimant, the claimant is liable for the

  6  defendants' costs, including reasonable attorney's fees.

  7         (c)(d)  The sale, pledge, or delivery of tangible

  8  personal property to a pawnbroker by any person in this state

  9  is considered to be:

10         1.  An agreement by the person who sells, pledges, or

11  delivers the tangible personal property that the person is

12  subject to the jurisdiction of the court in all civil actions

13  and proceedings arising out of the pledge or sale transaction

14  filed by either a resident or nonresident plaintiff;

15         2.  An appointment of the Secretary of State by any

16  nonresident of this state as that person's lawful attorney and

17  agent upon whom may be served all process in suits pertaining

18  to the actions and proceedings arising out of the sale,

19  pledge, or delivery; and

20         3.  An agreement by any nonresident that any process in

21  any suit so served has the same legal force and validity as if

22  personally served in this state.

23         (17)  CRIMINAL PENALTIES.--

24         (c)  Any person who pawns any property through a

25  pawnbroker and knows or has reason to know the property is

26  stolen commits a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         (20)  LOCAL REGULATION OF PAWNBROKERS CONFLICTING

29  ORDINANCES.--This chapter does not preclude local governments

30  from enacting ordinances that are more restrictive than the

31  provisions of this section. Any county or municipality may

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    Florida House of Representatives - 2000                HB 1433

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  1  enact ordinances that are in compliance with, but not more

  2  restrictive than this section, except that local ordinances

  3  may not restrict hours of operations other than between

  4  midnight and 6 a.m. Any ordinance that conflicts with this

  5  subsection is void. Nothing in this section shall affect the

  6  authority of a county or municipality to establish land use

  7  controls or require a pawnbroker to obtain a local

  8  occupational license.

  9         Section 2.  This act shall take effect July 1, 2000.

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12                          HOUSE SUMMARY

13    Provides a penalty for falsifying information required on
      a pawn transaction form. Requires pawnbrokers to post
14    notices and provide handouts describing how pawnshops are
      regulated, the rights of persons involved in pawn
15    transactions, how the claims process operates with
      respect to stolen items that are recovered, and the
16    prohibitions and penalties provided by law. Revises
      procedures for claims related to misappropriated goods
17    that are held by pawnbrokers. Makes pawning stolen
      property through a pawnbroker a third degree felony.
18    Removes the prohibitions against local governments
      enacting ordinances that are more restrictive than the
19    provisions of general law or that restrict the hours of
      operations of pawnshops.
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