Florida Senate - 2018 SB 1096 By Senator Simmons 9-01209-18 20181096__ 1 A bill to be entitled 2 An act relating to victim assistance; amending s. 3 960.001, F.S.; requiring a law enforcement agency to 4 provide specified information to a victim for 5 obtaining possession of his or her property located in 6 a pawnshop; requiring the law enforcement agency to 7 provide the victim with the name and location of the 8 pawnshop under certain circumstances; providing 9 applicability; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (h) of subsection (1) of section 14 960.001, Florida Statutes, is amended to read: 15 960.001 Guidelines for fair treatment of victims and 16 witnesses in the criminal justice and juvenile justice systems.— 17 (1) The Department of Legal Affairs, the state attorneys, 18 the Department of Corrections, the Department of Juvenile 19 Justice, the Florida Commission on Offender Review, the State 20 Courts Administrator and circuit court administrators, the 21 Department of Law Enforcement, and every sheriff’s department, 22 police department, or other law enforcement agency as defined in 23 s. 943.10(4) shall develop and implement guidelines for the use 24 of their respective agencies, which guidelines are consistent 25 with the purposes of this act and s. 16(b), Art. I of the State 26 Constitution and are designed to implement s. 16(b), Art. I of 27 the State Constitution and to achieve the following objectives: 28 (h) Return of property to victim.— 29 1. A law enforcement agency
agenciesand the state attorney 30 shall promptly return a victim’s property held for evidentiary 31 purposes unless there is a compelling law enforcement reason for 32 retaining it. The trial or juvenile court exercising 33 jurisdiction over the criminal or juvenile proceeding may enter 34 appropriate orders to implement this subsection, including 35 allowing photographs of the victim’s property to be used as 36 evidence at the criminal trial or the juvenile proceeding in 37 place of the victim’s property if no related substantial 38 evidentiary issue related theretois in dispute. 39 2. Upon taking a stolen property report, a law enforcement 40 agency shall give a victim instructions outlining the process 41 for a replevin action and the procedures specified in ss. 538.08 42 and 539.001(15) for obtaining possession of his or her property 43 located in a pawnshop. If a law enforcement agency locates the 44 property in the possession of a pawnbroker, it must promptly 45 make reasonable efforts to provide the victim with the name and 46 location of the pawnshop. This section does not relieve the law 47 enforcement agency of the duty to place a 90-day hold on the 48 property while awaiting court disposition. 49 Section 2. This act shall take effect July 1, 2018.