House Bill 1529

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







    Florida House of Representatives - 1999                HB 1529

        By Representative Healey






  1                      A bill to be entitled

  2         An act relating to pawnbrokers; amending s.

  3         539.001, F.S.; providing additional eligibility

  4         requirements for licensure; requiring

  5         electronic recordkeeping and transactions

  6         transfer; requiring notification of

  7         transactions to law enforcement agencies under

  8         certain circumstances; requiring pawnbrokers to

  9         install video surveillance equipment; providing

10         requirements relating to such equipment and

11         video tapes; requiring revocation of a

12         pawnbroker's license under certain

13         circumstances; requiring a pawnbroker to convey

14         certain goods to a claimant under certain

15         circumstances; clarifying pawnbroker remedies

16         relating to misappropriated property; providing

17         additional criminal penalties under certain

18         circumstances; providing an effective date.

19

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

21

22         Section 1.  Paragraph (a) of subsection (4), paragraph

23  (b) of subsection (7), subsection (9), subsection (15), and

24  subsection (17) of section 539.001, Florida Statutes, are

25  amended to read:

26         539.001  The Florida Pawnbroking Act.--

27         (4)  ELIGIBILITY FOR LICENSE.--

28         (a)  To be eligible for a pawnbroker's license, an

29  applicant must:

30         1.  Be of good moral character;

31

                                  1

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1         2.  Have a net worth of at least $50,000 or file with

  2  the agency a bond issued by a surety company qualified to do

  3  business in this state in the amount of $10,000 for each

  4  license. In lieu of the bond required in this section, the

  5  applicant may establish a certificate of deposit or an

  6  irrevocable letter of credit in a Florida banking institution

  7  in the amount of the bond. The original bond, certificate of

  8  deposit, or letter of credit shall be filed with the agency,

  9  and the agency shall be the beneficiary to said document. The

10  bond, certificate of deposit, or letter of credit shall be in

11  favor of the agency for the use and benefit of any consumer

12  who is injured by the fraud, misrepresentation, breach of

13  contract, financial failure, or violation of any provision of

14  this section by the pawnbroker. Such liability may be enforced

15  either by proceeding in an administrative action or by filing

16  a judicial suit at law in a court of competent jurisdiction.

17  However, in such court suit, the bond, certificate of deposit,

18  or letter of credit posted with the agency shall not be

19  amenable or subject to any judgment or other legal process

20  issuing out of or from such court in connection with such

21  lawsuit, but such bond, certificate of deposit, or letter of

22  credit shall be amenable to and enforceable only by and

23  through administrative proceedings before the agency. It is

24  the intent of the Legislature that such bond, certificate of

25  deposit, or letter of credit shall be applicable and liable

26  only for the payment of claims duly adjudicated by order of

27  the agency. The bond, certificate of deposit, or letter of

28  credit shall be payable on a pro rata basis as determined by

29  the agency, but the aggregate amount may not exceed the amount

30  of the bond, certificate of deposit, or letter of credit;

31

                                  2

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1         3.  Not have been convicted of, or found guilty of, or

  2  pled guilty or nolo contendere to, regardless of adjudication,

  3  a felony within the last 10 years and not be acting as a

  4  beneficial owner for someone who has been convicted of, or

  5  found guilty of, or pled guilty or nolo contendere to,

  6  regardless of adjudication, a felony within the last 10 years;

  7  and

  8         4.  Not have been convicted of, or found guilty of, or

  9  pled nolo contendere to, regardless of adjudication, a crime

10  that the agency finds directly relates to the duties and

11  responsibilities of a pawnbroker within the last 10 years, and

12  not be acting as a beneficial owner for someone who has been

13  convicted, of, or found guilty of, or pled guilty or nolo

14  contendere to, regardless of adjudication, a crime that the

15  agency finds directly relates to the duties and

16  responsibilities of a pawnbroker within the last 10 years.

17         5.  Have and maintain a computer and the necessary

18  equipment required to electronically transfer pawn

19  transactions to the appropriate law enforcement agency on a

20  software program approved by the agency.

21         6.  Install, maintain, and operate during business

22  hours a surveillance camera capable of videotaping every pawn

23  and sell transaction, including the clear facial identity of

24  the pledgor or seller.

25         (7)  ORDERS IMPOSING PENALTIES.--

26         (a)  The agency may enter an order imposing one or more

27  of the penalties set forth in paragraph (b) if the agency

28  finds that a pawnbroker:

29         1.  Violated or is operating in violation of any of the

30  provisions of this section or of the rules adopted or orders

31  issued thereunder;

                                  3

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1         2.  Made a material false statement in any application,

  2  document, or record required to be submitted or retained under

  3  this section;

  4         3.  Refused or failed, or any of its principal officers

  5  has refused or failed, after notice, to produce any document

  6  or records or disclose any information required to be produced

  7  or disclosed under this section or the rules of the agency;

  8         4.  Made a material false statement in response to any

  9  request or investigation by the agency, the Department of

10  Legal Affairs, or the state attorney; or

11         5.  Has intentionally defrauded the public through

12  dishonest or deceptive means.

13         (b)1.  Upon a finding as set forth in paragraph (a),

14  the agency may enter an order doing one or more of the

15  following:

16         a.1.  Issuing a notice of noncompliance pursuant to s.

17  120.695.

18         b.2.  Imposing an administrative fine not to exceed

19  $5,000 for each act which constitutes a violation of this

20  section or a rule or an order.

21         c.3.  Directing that the pawnbroker cease and desist

22  specified activities.

23         d.4.  Refusing to license or revoking or suspending a

24  license.

25         e.5.  Placing the licensee on probation for a period of

26  time, subject to such conditions as the agency may specify.

27         2.  Upon a third finding as set forth in paragraph (a),

28  the agency shall revoke the pawnbroker's license.

29         (9)  RECORDKEEPING; REPORTING; HOLD PERIOD.--

30         (a)  A pawnbroker must maintain a copy of each

31  completed pawnbroker transaction form on the pawnshop premises

                                  4

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1  for at least 1 year after the date of the transaction. On or

  2  before the end of each business day, the pawnbroker must

  3  deliver to the appropriate law enforcement official the

  4  original pawnbroker transaction forms for each of the

  5  transactions occurring during the previous business day,

  6  unless other arrangements have been agreed upon between the

  7  pawnbroker and the appropriate law enforcement official. If

  8  the original transaction form is lost or destroyed by the

  9  appropriate law enforcement official, a copy may be used by

10  the pawnbroker as evidence in court. When an electronic image

11  of a pledgor or seller identification is accepted for a

12  transaction, the pawnbroker must maintain the electronic image

13  in order to meet the same recordkeeping requirements as for

14  the original transaction form. If a criminal investigation

15  occurs, the pawnbroker shall, upon request, provide a clear

16  and legible copy of the image to the appropriate law

17  enforcement official.

18         (b)  The pawnbroker shall have and maintain a computer

19  in good working order and shall on or before the end of each

20  business day electronically transfer pawn transactions for

21  each of the transactions occurring during the previous

22  business day to the appropriate law enforcement agency on a

23  software program approved by the agency. The pawn transaction

24  records shall be electronically recorded and stored by the

25  pawnbroker on an approved magnetic tape or as otherwise

26  approved by the agency, on a daily basis and maintained for a

27  period of not less than 3 years after the date of the

28  transaction. If the appropriate law enforcement agency

29  supplies the appropriate software and the pawnbroker presently

30  has the computer ability, pawn transactions shall be

31  electronically transferred. If a pawnbroker does not presently

                                  5

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1  have the computer ability, the appropriate law enforcement

  2  agency may provide the pawnbroker with a computer and all

  3  necessary equipment for the purpose of electronically

  4  transferring pawn transactions. The appropriate law

  5  enforcement agency shall retain ownership of the computer,

  6  unless otherwise agreed upon. The pawnbroker shall maintain

  7  the computer in good working order, ordinary wear and tear

  8  excepted. In the event the pawnbroker transfers pawn

  9  transactions electronically, the pawnbroker is not required to

10  also deliver to the appropriate law enforcement official the

11  original or copies of the pawnbroker transaction forms. The

12  appropriate law enforcement official may, for the purposes of

13  a criminal investigation, request that the pawnbroker produce

14  an original of a transaction form that has been electronically

15  transferred. The pawnbroker shall deliver this form to the

16  appropriate law enforcement official within 24 hours of the

17  request.

18         (c)  All goods delivered to a pawnbroker in a pawn or

19  purchase transaction must be securely stored and maintained in

20  an unaltered condition within the jurisdiction of the

21  appropriate law enforcement official for a period of 30

22  calendar days after the transaction. Those goods delivered to

23  a pawnbroker in a purchase transaction may not be sold or

24  otherwise disposed of before the expiration of such period.

25  The pawnbroker shall make all pledged and purchased goods and

26  all records relating to such goods available for inspection by

27  the appropriate law enforcement official during normal

28  business hours throughout such period. The pawnbroker must

29  store and maintain pledged goods for the period prescribed in

30  subsection (10) unless the pledged goods are redeemed earlier;

31  provided, however, that within the first 30 days after the

                                  6

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1  original pawn, the pledged goods may be redeemed only by the

  2  pledgor or the pledgor's attorney in fact.

  3         (d)  The pawnbroker shall be required to notify the

  4  appropriate law enforcement agency in writing or by electronic

  5  report within 24 hours after the latest pawn or sell

  6  transaction, in a form approved by the agency, of a pledgor or

  7  seller who conducts five or more pawn or sell transactions in

  8  any calendar month. The report shall include copies of all

  9  transaction forms for pawns or sales conducted within that

10  month by that person.

11         (e)  A pawnbroker must install, maintain, and operate

12  during business hours a surveillance camera capable of

13  videotaping every pawn or sell transaction and the clear

14  facial identity of the pledgor or seller, as approved by the

15  agency. The pawnbroker shall maintain the video tapes for a

16  calendar month and shall make those video tapes available to

17  the appropriate law enforcement agency within 24 hours after

18  the agency's request.

19         (15)  CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS

20  HELD BY PAWNBROKERS.--

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

22  held by a pawnbroker which a claimant claims to be

23  misappropriated, the claimant must notify the pawnbroker by

24  certified mail, return receipt requested, or in person

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

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

27  and accurate description of the purchased or pledged goods and

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

29  enforcement agency's report on the misappropriation of such

30  property. The claimant shall provide a proper receipt

31  evidencing proof of purchase of the misappropriated purchased

                                  7

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1  or pledged goods.  Upon presentation of such proof, the

  2  pawnbroker shall immediately convey such goods to the

  3  claimant.  If the claimant does not have a proper receipt and

  4  if the claimant and the pawnbroker do not resolve the matter

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

  6  the claimant may petition the court to order the return of the

  7  property, naming the pawnbroker as a defendant, and must serve

  8  the pawnbroker with a copy of the petition. The pawnbroker

  9  shall hold the property described in the petition until the

10  right to possession is resolved by the parties or by a court

11  of competent jurisdiction. The court shall waive any filing

12  fee for the petition to recover the property, and the sheriff

13  shall waive the service fees.

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

15  that the property was misappropriated and orders the return of

16  the property to the claimant:

17         1.  The claimant may recover from the pawnbroker the

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

19  attorney's fees; and

20         2.  The pawnbroker may petition the court for

21  restitution from the conveying customer, naming the conveying

22  customer as defendant, and must serve the pledgor or seller

23  with a copy of the petition. The pawnbroker may recover from

24  the conveying customer the cost of the action, including the

25  pawnbroker's reasonable attorney's fees, the claimant's

26  reasonable attorney's fees if they were paid by the pawnbroker

27  and the full amount the conveying customer received from the

28  pawnbroker for the property plus all applicable pawn service

29  charges. If the conveying customer is convicted of theft, a

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

31  court shall order the conveying customer to repay the

                                  8

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1  pawnbroker the full amount the conveying customer received

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

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

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

  5  charges or any agreement in which adjudication is withheld;

  6  and

  7         3.  The conveying customer shall be responsible to pay

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

  9  pawnbroker in defending a replevin action or any other civil

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

11  violation of this paragraph.

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

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

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

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

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

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

18  is considered to be:

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

20  delivers the tangible personal property that the person is

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

22  and proceedings arising out of the pledge or sale transaction

23  filed by either a resident or nonresident plaintiff;

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

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

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

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

28  pledge, or delivery; and

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

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

31  personally served in this state.

                                  9

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






    Florida House of Representatives - 1999                HB 1529

    268-247A-99






  1         (17)  CRIMINAL PENALTIES.--

  2         (a)  Any person who engages in business as a pawnbroker

  3  without first securing a license commits a felony of the third

  4  degree, punishable as provided in s. 775.082, s. 775.083, or

  5  s. 775.084.

  6         (b)  In addition to any other penalty, any person, who

  7  willfully violates this section or who willfully makes a false

  8  entry in any record specifically required by this section

  9  commits a misdemeanor of the first degree, punishable as

10  provided in s. 775.082 or s. 775.083.

11         (c)  Any person who has been convicted three times of

12  the offense described in paragraph (b) shall upon the third

13  conviction, be deemed to have committed a felony of the third

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084.

16         Section 2.  This act shall take effect October 1, 1999.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Requires pawnbrokers to install and maintain computer
21    equipment to electronically transfer pawn transactions to
      law enforcement agencies and to install, operate, and
22    maintain videotape surveillance equipment and to make
      videotapes available to law enforcement. Increases a
23    penalty for multiple convictions.

24

25

26

27

28

29

30

31

                                  10