CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Law Enforcement & Crime Prevention offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 943.0546, Florida Statutes, is

19  created to read:

20         943.0546  Database of records of pawnshop transactions

21  and secondhand-goods acquisitions.--

22         (1)  The department shall establish and maintain a

23  statewide database of records of pawnshop transactions and

24  secondhand-goods acquisitions which are submitted to the

25  department from local law enforcement agencies.

26         (2)  Each local law enforcement agency that collects

27  records of pawnshop transactions or secondhand-goods

28  acquisitions under chapter 538 or chapter 539 shall, as soon

29  as practicable, transfer the information contained in the

30  records to the department in a format and manner established

31  by the department after consultation with the Florida Sheriffs

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1  Association and the Florida Police Chiefs Association.

 2         (3)  Notwithstanding the requirements of ss. 538.04(1)

 3  and 539.001(9) to deliver the transaction forms to the local

 4  law enforcement agency, a secondhand dealer or pawnbroker

 5  shall deliver or electronically transfer the transaction forms

 6  to the department upon authorization of the local law

 7  enforcement agency responsible for receiving the transaction

 8  forms and after the department and local law enforcement

 9  agency have entered into an agreement.

10         (4)  A law enforcement agency may access the database

11  for official criminal investigative purposes, subject to the

12  following conditions:

13         (a)  The database may not be used for research or

14  statistical purposes that are unrelated to official criminal

15  investigative purposes.

16         (b)  Names of persons submitted to the statewide

17  database may only be compared against the names of persons who

18  are the subject of an active warrant for a felony offense or

19  an offense that involves theft and that has been entered into

20  the Florida Crime Information System.

21         (c)  An inquiry into the database by a law enforcement

22  agency must be for an official criminal investigative purpose

23  that is related to an offense enumerated in s. 775.087, or a

24  similar offense in another jurisdiction, or that is related to

25  any offense that involves theft.

26         (5)  The department may not, without legislative

27  authority, sell or otherwise provide to any private entity the

28  information supplied to the department under this section.

29         (6)  Beginning February 1, 2001, the department shall

30  submit to the President of the Senate and the Speaker of the

31  House of Representatives an annual report that includes an

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1  analysis of the stolen property identified through the

 2  database during the previous calendar year. The annual report

 3  must include a separate analysis of transaction information

 4  submitted by pawnbrokers and transaction information submitted

 5  by secondhand dealers.

 6         (7)  The department shall adopt rules to administer

 7  this section.

 8         Section 2.  Paragraph (a) of subsection (2), paragraph

 9  (h) of subsection (12), and subsection (15) of section

10  539.001, Florida Statutes, are amended, and present

11  subsections (16), (17), (18), (19), (20), and (21) of that

12  section are redesignated as subsections (18), (19), (20),

13  (21), (22), and (23), respectively, present subsection (22) of

14  that section is redesignated as subsection (24) and amended,

15  and new subsections (16) and (17) are added to that section,

16  to read:

17         539.001  The Florida Pawnbroking Act.--

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

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

20  of the Department of Agriculture and Consumer Services.

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

22  agent of a pawnbroker, may not:

23         (h)  Fail to return or replace pledged goods to a

24  pledgor upon payment of the full amount due the pawnbroker,

25  unless the pledged goods have been placed under a hold order

26  under subsection (18) (16), or taken into custody by a court

27  or otherwise disposed of by court order.

28         (15)  CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS

29  HELD BY PAWNBROKERS.--

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

31  held by a pawnbroker which a claimant claims to be

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1  misappropriated, the claimant must notify the pawnbroker by

 2  certified mail, return receipt requested, or in person

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

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

 5  and accurate description of the purchased or pledged goods and

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

 7  enforcement agency's report on the misappropriation of such

 8  property. If the claimant and the pawnbroker do not resolve

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

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

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

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

13  pawnbroker shall hold the property described in the petition

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

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

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

17  sheriff shall waive the service fees.

18         (b)  The claimant may bring an action in a court of

19  competent jurisdiction by petition in substantially the

20  following form:

21

22         Plaintiff A. B., sues defendant C. D., and alleges:

23         1.  This is an action to recover possession of personal

24  property in............County, Florida.

25         2.  The description of the property is:  ...(list

26  property).... To the best of plaintiff's knowledge,

27  information, and belief, the value of the property is

28  $.............

29         3.  Plaintiff is entitled to the possession of the

30  property under a security agreement dated........,

31  ...(year)..., a copy of which is attached.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1         4.  To plaintiff's best knowledge, information, and

 2  belief, the property is located at.........

 3         5.  The property is wrongfully detained by defendant.

 4  Defendant came into possession of the property by:

 5  ...(describe method of possession).... To plaintiff's best

 6  knowledge, information, and belief, defendant detains the

 7  property because:  ...(give reasons)....

 8         6.  The property has not been taken under an execution

 9  or attachment against the plaintiff's property.

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

11  that the property was misappropriated and orders the return of

12  the property to the claimant:

13         1.  The claimant may recover from the pawnbroker the

14  cost of the action, including the claimant's reasonable

15  attorney's fees; and

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

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

18  court shall order the conveying customer to repay the

19  pawnbroker the full amount the conveying customer received

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

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

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

23  charges or any agreement in which adjudication is withheld;

24  and

25         3.  The conveying customer shall be responsible to pay

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

27  pawnbroker in defending a replevin action or any other civil

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

29  violation of this paragraph.

30         (d)  In addition to the civil petition to recover the

31  property, the state attorney may file a motion as part of a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1  pending criminal case related to the property. The criminal

 2  court has jurisdiction to determine ownership of the property,

 3  to order the return of the property or other disposition, and

 4  to order any appropriate restitution to any person. Such order

 5  shall be entered following a hearing and after proper notice

 6  to the pawnbroker, the victim, and the defendant in the

 7  criminal case.

 8         (e)(c)  If the court finds that the claimant failed to

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

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

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

12         (f)(d)  The sale, pledge, or delivery of tangible

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

14  is considered to be:

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

16  delivers the tangible personal property that the person is

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

18  and proceedings arising out of the pledge or sale transaction

19  filed by either a resident or nonresident plaintiff;

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

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

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

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

24  pledge, or delivery; and

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

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

27  personally served in this state.

28         (16)  PAMPHLET.--

29         (a)  The agency shall prescribe, by rule, a pamphlet

30  describing a claimant's rights to recover property under

31  subsection (15) and specifying that the claimant is not

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1  obligated to reimburse or otherwise pay the pawnbroker to

 2  recover misappropriated property. The pamphlet must also

 3  contain the form of the petition in paragraph (15)(b). In

 4  developing the pamphlet, the agency shall consult with the

 5  Attorney General, the Department of Law Enforcement, the

 6  Florida Sheriffs Association, the Florida Police Chiefs

 7  Association, the Florida Pawnbrokers Association, and any

 8  other interested party.

 9         (b)  The agency shall distribute the pamphlets to local

10  law enforcement agencies for distribution to any victim of a

11  crime who believes that misappropriated property belonging to

12  the victim is in the possession of a pawnbroker.

13         (17)  DISCLOSURES.--

14         (a)  The agency shall adopt, by rule, a disclosure form

15  that contains substantially the following statement:

16

17  IF YOU BELIEVE THAT PROPERTY STOLEN FROM YOU HAS BEEN PAWNED

18  OR SOLD TO THIS PAWNSHOP, YOU ARE UNDER NO LEGAL OBLIGATION TO

19  REIMBURSE OR OTHERWISE PAY THIS PAWNSHOP IN ORDER TO RECOVER

20  THE PROPERTY. FLORIDA LAW PROVIDES THAT YOU HAVE THE FOLLOWING

21  RIGHTS AND RESPONSIBILITIES:

22         1.  To obtain possession of the property, you must

23  provide notice of your claim to the pawnbroker by certified

24  mail, return receipt requested, or in person evidenced by

25  signed receipt. The notice must contain a complete and

26  accurate description of the purchased or pledged goods and

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

28  enforcement agency's report on the misappropriation of such

29  property.

30         2.  If you and the pawnbroker do not resolve the matter

31  within 10 days after the pawnbroker's receipt of the notice,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1  you may petition a court to order the return of the property,

 2  naming the pawnbroker as a defendant, and you must serve the

 3  pawnbroker with a copy of the petition.

 4         3.  The pawnbroker shall hold the property described in

 5  the petition until the right to possession is resolved by the

 6  parties or by a court.

 7         4.  The court shall waive any filing fee for the

 8  petition to recover the property, and the sheriff shall waive

 9  the service fees.

10

11         (b)  The agency shall distribute the disclosure forms

12  to all pawnbrokers. When a person enters a pawnshop and

13  demands the return of property that he or she claims has been

14  misappropriated, the pawnbroker shall provide the person with

15  the disclosure form and the form shall be signed by both

16  parties.

17         (24)(22)  RULEMAKING AUTHORITY.--The agency department

18  has authority to adopt rules pursuant to chapter 120 to

19  implement the provisions of this section.

20         Section 3.  This act shall take effect July 1, 2000.

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 1, line 1 through page 2, line 17

26  remove the entire title from the bill:

27

28  and insert in lieu thereof:

29                  A bill to be entitled

30         An act relating to pawnbrokers and secondhand

31         dealers; creating s. 943.0546, F.S.; requiring

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1937

    Amendment No. 01 (for drafter's use only)





 1         the Department of Law Enforcement to administer

 2         a statewide database of pawnshop transactions

 3         and acquisitions of secondhand goods; requiring

 4         local law enforcement agencies to submit

 5         records of such transactions to the department;

 6         authorizing a law enforcement agency to access

 7         the database only for investigative purposes

 8         and subject to specified conditions; requiring

 9         the department to submit an annual report to

10         the Legislature; requiring the Department of

11         Law Enforcement to adopt rules; amending s.

12         539.001, F.S., relating to the Florida

13         Pawnbroking Act; specifying the form of a

14         petition under which a claimant may bring an

15         action to recover possession of misappropriated

16         property; providing for a court to determine

17         the disposition of misappropriated property as

18         part of a criminal case; requiring the Division

19         of Consumer Services of the Department of

20         Agriculture and Consumer Services to prescribe

21         a pamphlet to describe a claimant's rights to

22         recover misappropriated property from a

23         pawnbroker; requiring that the division

24         prescribe by rule a disclosure form; requiring

25         that such form be provided to any person

26         demanding the return of property from a

27         pawnbroker; providing rulemaking authority;

28         providing an effective date.

29

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

31

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