House Bill 1937

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    Florida House of Representatives - 2000                HB 1937

        By Representative Bense






  1                      A bill to be entitled

  2         An act relating to misappropriated pawned and

  3         secondhand property enforcement; requiring the

  4         Department of Law Enforcement to establish a

  5         statewide database for accessing records from

  6         pawnshop transaction forms and secondhand goods

  7         acquisition records; designating the Department

  8         of Law Enforcement as administrator of the

  9         system; providing authorized access to the

10         database; designating agencies responsible for

11         the transfer of information to the database in

12         a manner approved by the Department of Law

13         Enforcement; providing that the Department of

14         Law Enforcement must establish standards for

15         transmitting information into the statewide

16         system in consultation with the Florida

17         Sheriffs Association and the Florida Police

18         Chiefs Association; limiting the scope of

19         certain database searches; providing rulemaking

20         authority; amending s. 539.001, F.S.;

21         specifying a petition form for certain actions

22         to recover misappropriated property; deleting a

23         provision imposing claimant liability for

24         certain costs under certain circumstances;

25         authorizing the state to file a motion in a

26         pending criminal action relating to

27         misappropriated property; providing

28         requirements; requiring the Division of

29         Consumer Services of the Department of

30         Agriculture and Consumer Services to adopt by

31         rule a pamphlet explaining a claimant's right

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    Florida House of Representatives - 2000                HB 1937

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  1         to property recovery; providing pamphlet

  2         requirements; requiring the division to

  3         distribute the pamphlets to law enforcement

  4         agencies and law enforcement agencies to

  5         distribute the pamphlets to certain persons

  6         under certain circumstances; specifying

  7         procedures for a claimant to obtain possession

  8         of misappropriated property; providing for

  9         waiver of certain fees; specifying absence of a

10         claimant's liability for certain costs or fees;

11         requiring the division to adopt a disclosure

12         form specifying a claimant's rights and

13         responsibilities; requiring the division to

14         distribute the disclosure form to pawnbrokers;

15         requiring pawnbrokers to provide the disclosure

16         form to certain persons under certain

17         circumstances; providing an effective date.

18

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

20

21         Section 1.  (1)  The Department of Law Enforcement

22  shall establish and maintain a database of pawnshop and

23  secondhand goods transactions submitted to it from local law

24  enforcement agencies.

25         (2)  Local law enforcement agencies that have collected

26  records of pawnshop transactions or secondhand goods

27  acquisitions under chapter 538 or chapter 539, Florida

28  Statutes, shall transfer, as soon as practicable, the

29  information contained in the records to the department in a

30  format and manner that are established by the department after

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  1  consultation with the Florida Sheriffs Association and the

  2  Florida Police Chiefs Association.

  3         (3)  The database established by the department may be

  4  accessed by a law enforcement agency for official

  5  investigative purposes only.  The department may not, without

  6  legislative authority, sell or otherwise provide to private

  7  entities the information supplied to it under this section.

  8         (4)  The department shall adopt rules pursuant to

  9  chapter 120, Florida Statutes, to administer the provisions of

10  this act.

11         Section 2.  Subsection (15) of section 539.001, Florida

12  Statutes, is amended, subsections (16)-(22) of said section

13  are renumbered as subsections (18)-(24), respectively, and new

14  subsections (16) and (17) are added to said section, to read:

15         539.001  The Florida Pawnbroking Act.--

16         (15)  CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS

17  HELD BY PAWNBROKERS.--

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

19  held by a pawnbroker which a claimant claims to be

20  misappropriated, the claimant must notify the pawnbroker by

21  certified mail, return receipt requested, or in person

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

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

24  and accurate description of the purchased or pledged goods and

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

26  enforcement agency's report on the misappropriation of such

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

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

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

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

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

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  1  pawnbroker shall hold the property described in the petition

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

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

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

  5  sheriff shall waive the service fees.

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

  7  competent jurisdiction by petition in substantially the

  8  following form:

  9         Plaintiff, (plaintiff's name), sues defendant,

10  (defendant's name), and alleges:

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

12  property in (name of county) County, Florida.

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

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

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

16  $ (monetary value of the property).

17         3.  Plaintiff is entitled to the possession of the

18  property.

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

20  belief, the property is located at (street address) .

21         5.  The property is wrongfully detained by defendant.

22  Defendant came into possession of the property by (description

23  of method of possession).  To plaintiff's best knowledge,

24  information, and belief, defendant detains the property

25  because (reasons for detention).

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

27  or attachment against plaintiff's property.

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

29  that the property was misappropriated and orders the return of

30  the property to the claimant:

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  1         1.  The claimant may recover from the pawnbroker the

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

  3  attorney's fees; and

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

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

  6  court shall order the conveying customer to repay the

  7  pawnbroker the full amount the conveying customer received

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

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

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

11  charges or any agreement in which adjudication is withheld;

12  and

13         3.  The conveying customer shall be responsible to pay

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

15  pawnbroker in defending a replevin action or any other civil

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

17  violation of this paragraph.

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

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

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

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

22         (d)  In addition to the remedy of a civil petition for

23  return, the state may file a motion as part of a pending

24  criminal case related to the property. The criminal court has

25  jurisdiction to determine ownership, to order return or other

26  disposition of the property, and to order any appropriate

27  restitution to any person.  Such order shall be entered upon

28  hearing after proper notice has been given to the pawnbroker,

29  the victim, and the defendant in the criminal case.

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  1         (e)(d)  The sale, pledge, or delivery of tangible

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

  3  is considered to be:

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

  5  delivers the tangible personal property that the person is

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

  7  and proceedings arising out of the pledge or sale transaction

  8  filed by either a resident or nonresident plaintiff;

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

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

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

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

13  pledge, or delivery; and

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

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

16  personally served in this state.

17         (16)(a)  The agency shall adopt by rule a pamphlet

18  which shall explain a claimant's rights to property recovery

19  under subsection (15) and specify that the claimant is not

20  obligated to reimburse or otherwise pay the pawnbroker to

21  recover misappropriated property.  The pamphlet shall also

22  contain the a copy of the form provided in paragraph (15)(b).

23  In developing the pamphlet, the agency shall consult with the

24  Attorney General, Florida Department of Law Enforcement,

25  Florida Sheriffs Association, Florida Police Chiefs

26  Association, Florida Pawnbrokers Association, and any other

27  interested party.

28         (b)  The agency shall distribute the pamphlets to law

29  enforcement agencies which shall in turn be responsible for

30  distributing the pamphlet to any victim of a crime who

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  1  believes that misappropriated property belonging to the victim

  2  is in a pawnbroker's possession.

  3         (17)(a)1.  To obtain possession of property claimed to

  4  be misappropriated, a claimant shall provide notice of the

  5  claim to the pawnbroker by certified mail, return receipt

  6  requested, or in person, evidenced by a signed receipt.  The

  7  notice must contain a complete and accurate description of the

  8  purchased or pledged goods and must be accompanied by a

  9  legible copy of the applicable law enforcement agency's report

10  on the misappropriation of such property.

11         2.  If the claimant and the pawnbroker do not resolve

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

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

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

15  and shall serve the pawnbroker with a copy of the petition.

16         3.  The pawnbroker shall hold the property described in

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

18  parties or by a court.

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

20  petition to recover the property and the sheriff shall waive

21  any fee for service of process.

22         5.  The claimant shall not be liable for the

23  pawnbroker's costs or attorney's fees.

24         (b)  The agency shall adopt by rule a disclosure form

25  which shall contain the following provisions:

26

27         IF YOU BELIEVE THAT PROPERTY STOLEN FROM YOU

28         HAS BEEN PAWNED OR SOLD TO THIS PAWNSHOP, YOU

29         ARE UNDER NO LEGAL OBLIGATION TO REIMBURSE OR

30         OTHERWISE PAY THIS PAWNSHOP IN ORDER TO RECOVER

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    Florida House of Representatives - 2000                HB 1937

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  1         THE PROPERTY. FLORIDA LAW PROVIDES THAT YOU

  2         HAVE THE FOLLOWING RIGHTS AND RESPONSIBILITIES:

  3

  4         To obtain possession of the property, you must

  5         provide notice of your claim to the pawnbroker

  6         by certified mail, return receipt requested, or

  7         in person, evidenced by a signed receipt.  The

  8         notice must contain a complete and accurate

  9         description of the purchased or pledged goods

10         and must be accompanied by a legible copy of

11         the applicable law enforcement agency's report

12         on the misappropriation of such property.

13

14         If you and the pawnbroker do not resolve the

15         matter within 10 days after the pawnbroker's

16         receipt of the notice, you may petition the

17         court to order the return of the property,

18         naming the pawnbroker as a defendant, and must

19         serve the pawnbroker with a copy of the

20         petition.

21

22         The pawnbroker is required to hold the property

23         described in the petition until the right to

24         possession is resolved by the parties or by a

25         court.

26

27         You will not be liable for any filing fee for

28         the petition to recover the property or any fee

29         for service of process by the sheriff.

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    Florida House of Representatives - 2000                HB 1937

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  1         You will not be liable for the pawnbroker's

  2         costs or attorney's fees.

  3

  4         (c)  The agency shall distribute the disclosure forms

  5  to all pawnbrokers. When a person demands that a pawnshop

  6  return property which the person claims has been

  7  misappropriated, the pawnbroker shall provide the person with

  8  the disclosure form and the person and the pawnbroker shall

  9  sign the form.

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

11

12            *****************************************

13                       LEGISLATIVE SUMMARY

14
      Requires the Department of Law Enforcement to establish
15    and maintain a database of pawnshop and secondhand goods
      transaction information received from local law
16    enforcement agencies. Requires agencies that have
      collected such information to transfer the information to
17    the department in a format established by the department
      in consultation with the Florida Sheriffs Association and
18    the Florida Police Chiefs Association. Provides for
      access to such information by a law enforcement officer
19    for official investigative purposes only. Prohibits the
      department from selling or providing the information to
20    private entities without legislative authority. Specifies
      a petition form for actions to recover misappropriated
21    property. Authorizes the state to file a motion in a
      pending criminal action relating to misappropriated
22    property. Requires the Division of Consumer Services of
      the Department of Agriculture and Consumer Services to
23    adopt a pamphlet explaining a claimant's right to
      property recovery and requires the division to distribute
24    the pamphlets to law enforcement agencies and law
      enforcement agencies to distribute the pamphlets to
25    property claimants. Specifies procedures for a claimant
      to obtain possession of misappropriated property.
26    Requires the division to adopt a disclosure form
      specifying a claimant's rights and responsibilities in
27    claiming misappropriated property and requires the
      division to distribute the disclosure form to pawnbrokers
28    and requires pawnbrokers to provide the disclosure form
      to persons claiming return of misappropriated property.
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