Senate Bill sb2208

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    Florida Senate - 2002                                  SB 2208

    By Senator Geller





    29-1372-02

  1                      A bill to be entitled

  2         An act relating to pawnbrokers; amending s.

  3         539.001, F.S.; requiring pawnshops to be

  4         managed by certified pawnshop managers, as

  5         defined; requiring certain training for

  6         pawnshop employees; providing requirements for

  7         licensure as a certified pawnshop manager;

  8         providing education requirements for such

  9         managers; prescribing standards for persons

10         offering such education and requiring their

11         licensure; prohibiting certain acts by

12         licensees and applicants; providing penalties;

13         providing an effective date.

14

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

16

17         Section 1.  Paragraphs (v) and (w) are added to

18  subsection (2) of section 539.001, Florida Statutes, paragraph

19  (c) of subsection (3) of that section is amended and paragraph

20  (g) is added to that subsection, paragraphs (d) and (e) are

21  added to subsection (4) of that section, paragraphs (f)

22  through (h) are added to subsection (5) of that section,

23  paragraphs (o) and (p) are added to subsection (12) of that

24  section, and subsections (22) and (23) are added to that

25  section, to read:

26         539.001  The Florida Pawnbroking Act.--

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

28         (v)  "Certified pawnshop" means a pawnshop the

29  employees of which have participated in an employee training

30  program that is provided by the licensee or the licensee's

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    Florida Senate - 2002                                  SB 2208
    29-1372-02




  1  certified pawnshop manager and based upon information obtained

  2  from the certified pawnshop manager program.

  3         (w)  "Certified pawnshop manager" means a person who

  4  has been licensed by the department and who is in charge of

  5  and responsible for the operation of a specific pawnshop.

  6         (3)  LICENSE REQUIRED.--

  7         (c)  Each license is valid for a period of 1 year

  8  unless it is earlier relinquished, suspended, or revoked. Each

  9  license shall be renewed annually, and each licensee shall,

10  initially and annually thereafter, pay to the agency a license

11  fee of $300 for each license held. At the time of renewal, the

12  licensee must demonstrate to the department that each pawnshop

13  for which the licensee is licensed qualifies as a certified

14  pawnshop. This requirement may be satisfied by the licensee or

15  the licensee's certified pawnshop manager's providing an

16  education and training program to the licensee's employees

17  which is based on the certified pawnshop manager education

18  program.

19         (g)  Each pawnshop must have a certified pawnshop

20  manager who shall operate the pawnshop under such manager's

21  full charge, control, and supervision. The certified pawnshop

22  manager must be licensed under subsection (5). Each pawnbroker

23  shall maintain a form as prescribed by the department

24  indicating the pawnbroker's designation of the certified

25  pawnshop manager for a particular pawnshop and the

26  individual's acceptance of such responsibility. If the form is

27  unavailable, inaccurate, or incomplete, it is deemed that the

28  pawnshop was operated in the full charge, control, and

29  supervision by each officer, director, or ultimate equitable

30  owner of a 10-percent or greater interest in the pawnbroker,

31  or any other person in a similar capacity.

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    Florida Senate - 2002                                  SB 2208
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  1         (4)  ELIGIBILITY FOR LICENSE.--

  2         (d)  To be eligible to be licensed as a certified

  3  pawnshop manager, an applicant must:

  4         1.  Be of good moral character;

  5         2.  Not have been convicted of, found guilty of, or

  6  pled guilty or nolo contendere to, or incarcerated within the

  7  last 10 years as a result of having been convicted of, found

  8  guilty of, or pled guilty or nolo contendere to, regardless of

  9  adjudication, a crime that involves theft, larceny, dealing in

10  stolen property, receiving stolen property, burglary,

11  embezzlement, obtaining property by false pretenses,

12  possession of altered property, or any other fraudulent or

13  dishonest dealing within the last 10 years; and

14         3.  Complete, within 1 year of the date of being

15  designated by the pawnbroker as manager, 15 hours of classroom

16  education on legal and ethical considerations in pawnshop

17  transactions, victims' rights, safety and security, consumer

18  and community relations, and the laws and related rules of ss.

19  539.001-539.003. The department may adopt rules regarding

20  qualifying hours. At a minimum, 50 percent of the required

21  hours must be satisfied by attendance at a live lecture or

22  live seminar.

23         (e)  To be eligible to be licensed to offer classroom

24  education to persons licensed as certified pawnshop managers

25  and persons seeking such licensure, an applicant must pay a

26  nonrefundable application fee of $1,000.

27         (5)  APPLICATION FOR LICENSE.--

28         (f)  An application of a certified pawnshop manager's

29  license must be under oath and must state the full name and

30  place of residence of the applicant and other relevant

31  information required by the department.

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    Florida Senate - 2002                                  SB 2208
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  1         (g)  Each initial application for a certified pawnshop

  2  manager's license must be accompanied by a complete set of

  3  fingerprints taken by an authorized law enforcement officer

  4  and the actual cost to the department for fingerprint analysis

  5  for each person subject to the eligibility requirements. The

  6  department shall submit the fingerprints to the Department of

  7  Law Enforcement for state processing, and the Department of

  8  Law Enforcement shall forward the fingerprints to the Federal

  9  Bureau of Investigation for a national criminal history check.

10  These fees and costs are not refundable. A person who is

11  currently licensed as a pawnbroker is not required to submit a

12  set of fingerprints with an application for a certified

13  pawnbroker's license. The department shall provide by rule for

14  the annual renewal of licenses granted to persons under this

15  paragraph.

16         (h)  When the application and the required fees, if

17  applicable, are received, the department shall investigate the

18  facts, approve the application, and issue a license to the

19  applicant if it finds that the eligibility requirements for

20  the certified pawnshop manager's license are satisfied. The

21  license must be prominently displayed at the front desk or

22  counter at each pawnshop managed by the certified pawnshop

23  manager.

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

25  agent of a pawnbroker, may not:

26         (o)  Operate a pawnshop without designating on the

27  proper form a certified pawnshop manager.

28         (p)  Fail to display a pawnbroker's license and a

29  certified pawnshop manager's license at each pawnshop.

30         (22)  CERTIFIED PAWNSHOP MANAGERS.--

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    Florida Senate - 2002                                  SB 2208
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  1         (a)  A certified pawnshop manager may manage no more

  2  than one pawnshop, except that he or she may manage up to two

  3  additional pawnshops for a period of no more than 180 days,

  4  during which time he or she must designate additional pawnshop

  5  managers, who must obtain licensure from the department and

  6  complete the educational requirements so that each individual

  7  pawnshop is under the managerial control of a certified

  8  pawnshop manager.

  9         (b)  To remain licensed as a certified pawnshop

10  manager, a licensee must annually complete 10 hours of

11  classroom education on legal and ethical considerations in

12  pawnshop transactions, victims' rights, safety and security,

13  consumer and community relations, and the laws and related

14  rules of ss. 539.001-539.003. At a minimum, 50 percent of

15  these hours must be satisfied by attendance at a live lecture

16  or live seminar.

17         (23)  CLASSROOM EDUCATION PROVIDERS.--Persons licensed

18  to offer classroom education to persons licensed as certified

19  pawnshop managers and persons seeking such licensure are

20  subject to the following:

21         (a)  The licensee must comply with requirements imposed

22  on him or her by this chapter and rules adopted under this

23  chapter. Licenses are renewable annually; the department may

24  set initial and renewal license fees, which may not exceed

25  $2,000.

26         (b)  Each person licensed under this subsection must

27  maintain curriculum and education materials necessary to

28  determine compliance with this chapter and rules adopted under

29  this chapter. Any person who offers or conducts classroom

30  education shall at all times maintain a plan of education,

31  materials, and curriculum which is open to review by the

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    Florida Senate - 2002                                  SB 2208
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  1  department to determine compliance and competency to provide

  2  the classroom education required by this chapter.

  3         (c)  The location and the frequency of classes are in

  4  the discretion of the person offering the classroom education,

  5  as long as such courses conform to this chapter and related

  6  rules adopted by the department.

  7         (d)  It is unlawful for any person to offer or conduct

  8  the classroom education required for persons licensed as

  9  certified pawnshop managers and persons seeking such licensure

10  without first procuring a license from the department.

11  Violation of this paragraph constitutes a misdemeanor of the

12  second degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         Section 2.  Paragraphs (n) and (o) of subsection (12)

15  of section 539.001, Florida Statutes, as created by this act

16  shall take effect December 31, 2002. Otherwise, this act shall

17  take effect July 1, 2002.

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19            *****************************************

20                          SENATE SUMMARY

21    Requires that each pawnshop be managed by a certified
      pawnshop manager. Requires such persons to be licensed
22    and further requires them to meet both initial and
      continuing requirements. Requires licensure of persons
23    offering such training. Prohibiting certain acts relating
      to these requirements. (See bill for details.)
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