HB 1089 2003
1	A bill to be entitled
2	An act relating to pawnbrokers and secondhand dealers;
3	creating s. 943.0546, F.S.; requiring the Department of
4	Law Enforcement to administer a statewide database of
5	pawnshop transactions and acquisitions of secondhand
6	goods; requiring local law enforcement agencies to submit
7	records of such transactions to the department;
8	authorizing a law enforcement agency to access the
9	database only for investigative purposes and subject to
10	specified conditions; requiring the department to submit
11	an annual report to the Legislature; requiring the
12	Department of Law Enforcement to adopt rules; amending s.
13	539.001, F.S., relating to the Florida Pawnbroking Act;
14	specifying the form of a petition under which a claimant
15	may bring an action to recover possession of
16	misappropriated property; providing for a court to
17	determine the disposition of misappropriated property as
18	part of a criminal case; requiring the Department of
19	Agriculture and Consumer Services to prescribe a pamphlet
20	to describe a claimant's rights to recover misappropriated
21	property from a pawnbroker; requiring that the department
22	prescribe by rule a disclosure form; requiring that such
23	form be provided to any person demanding the return of
24	property from a pawnbroker; providing rulemaking
25	authority; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Section 943.0546, Florida Statutes, is created
30	to read:
31	943.0546 Database of records of pawnshop transactions and
32	secondhand goods acquisitions.--
33	(1) The department shall establish and maintain a
34	statewide database of records of pawnshop transactions and
35	secondhand goods acquisitions which are submitted to the
36	department from local law enforcement agencies.
37	(2) Each local law enforcement agency that collects
38	records of pawnshop transactions or secondhand goods
39	acquisitions under chapter 538 or chapter 539 shall, as soon as
40	practicable, transfer the information contained in the records
41	to the department in a format and manner established by the
42	department after consultation with the Florida Sheriffs
43	Association and the Florida Police Chiefs Association.
44	(3) Notwithstanding the requirements of ss. 538.04(1) and
45	539.001(9) to deliver the transaction forms to the local law
46	enforcement agency, a secondhand dealer or pawnbroker shall
47	deliver or electronically transfer the transaction forms to the
48	department upon authorization of the local law enforcement
49	agency responsible for receiving the transaction forms and after
50	the department and local law enforcement agency have entered
51	into an agreement.
52	(4) The database may not be used for research or
53	statistical purposes that are unrelated to official criminal
54	investigative purposes.
55	(5) A law enforcement agency may access the database for
56	official criminal investigative purposes, subject to the
57	following conditions:
58	(a) Names of persons submitted to the statewide database
59	may only be compared against the names of persons who are the
60	subject of an active warrant or capias for a felony offense
61	enumerated in s. 775.087 or an offense that involves theft and
62	that has been entered into the information system of the Florida
63	Crime Information Center or the National Crime Information
64	Center.
65	(b) Any property identified in transaction records
66	submitted to the database may be compared against information
67	contained in the information system of the Florida Crime
68	Information Center or the National Crime Information Center.
69	(c) Any other inquiry into the database by a law
70	enforcement agency must be for an official criminal
71	investigative purpose that is related to an offense enumerated
72	in s. 775.087, or a similar offense in another jurisdiction, or
73	that is related to an offense that involves theft.
74	(6) The department may not, without legislative authority,
75	sell or otherwise provide to any private entity the information
76	supplied to the department under this section.
77	(7) Beginning February 1, 2004, the department shall
78	submit to the President of the Senate and the Speaker of the
79	House of Representatives an annual report that includes an
80	analysis of the stolen property identified through the database
81	during the previous calendar year. The annual report must
82	include a separate analysis of transaction information submitted
83	by pawnbrokers and transaction information submitted by
84	secondhand dealers.
85	(8) The department shall adopt rules to administer this
86	section.
87	Section 2. Paragraph (h) of subsection (12) and subsection
88	(15) of section 539.001, Florida Statutes, are amended, present
89	subsections (16), (17), (18), (19), and (20) of that section are
90	renumbered as subsections (18), (19), (20), (21), and (22),
91	respectively, present subsection (21) of that section is
92	renumbered as subsection (23) and amended, and new subsections
93	(16) and (17) are added to that section, to read:
94	539.001 The Florida Pawnbroking Act.--
95	(12) PROHIBITED ACTS.--A pawnbroker, or an employee or
96	agent of a pawnbroker, may not:
97	(h) Fail to return or replace pledged goods to a pledgor
98	upon payment of the full amount due the pawnbroker, unless the
99	pledged goods have been placed under a hold order under
100	subsection (18)(16), or taken into custody by a court or
101	otherwise disposed of by court order.
102	(15) CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS HELD
103	BY PAWNBROKERS.--
104	(a) To obtain possession of purchased or pledged goods
105	held by a pawnbroker which a claimant claims to be
106	misappropriated, the claimant must notify the pawnbroker by
107	certified mail, return receipt requested, or in person evidenced
108	by signed receipt, of the claimant's claim to the purchased or
109	pledged goods. The notice must contain a complete and accurate
110	description of the purchased or pledged goods and must be
111	accompanied by a legible copy of the applicable law enforcement
112	agency's report on the misappropriation of such property. If the
113	claimant and the pawnbroker do not resolve the matter within 10
114	days after the pawnbroker's receipt of the notice, the claimant
115	may petition the court to order the return of the property,
116	naming the pawnbroker as a defendant, and must serve the
117	pawnbroker with a copy of the petition. The pawnbroker shall
118	hold the property described in the petition until the right to
119	possession is resolved by the parties or by a court of competent
120	jurisdiction. The court shall waive any filing fee for the
121	petition to recover the property, and the sheriff shall waive
122	the service fees.
123	(b) The claimant may bring an action in a court of
124	competent jurisdiction by petition in substantially the
125	following form:
126
127	Plaintiff A. B., sues defendant C. D., and alleges:
128	1. This is an action to recover possession of personal
129	property in____________County, Florida.
130	2. The description of the property is: . . . (list
131	property) . . . . To the best of plaintiff's knowledge,
132	information, and belief, the value of the property is
133	$____________.
134	3. Plaintiff is entitled to the possession of the
135	property.
136	4. To plaintiff's best knowledge, information, and belief,
137	the property is located at________.
138	5. The property is wrongfully detained by defendant.
139	Defendant came into possession of the property by: . . .
140	(describe method of possession) . . . . To plaintiff's best
141	knowledge, information, and belief, defendant detains the
142	property because: . . . (give reasons) . . . .
143	6. The property has not been taken under an execution or
144	attachment against the plaintiff's property.
145	(c)(b)If, after notice and a hearing, the court finds
146	that the property was misappropriated and orders the return of
147	the property to the claimant:
148	1. The claimant may recover from the pawnbroker the cost
149	of the action, including the claimant's reasonable attorney's
150	fees; and
151	2. If the conveying customer is convicted of theft, a
152	violation of this section, or dealing in stolen property, the
153	court shall order the conveying customer to repay the pawnbroker
154	the full amount the conveying customer received from the
155	pawnbroker for the property, plus all applicable pawn service
156	charges. As used in this paragraph, the term "convicted of"
157	includes a plea of nolo contendere to the charges or any
158	agreement in which adjudication is withheld; and
159	3. The conveying customer shall be responsible to pay all
160	attorney's fees and taxable costs incurred by the pawnbroker in
161	defending a replevin action or any other civil matter wherein it
162	is found that the conveying customer was in violation of this
163	paragraph.
164	(d) In addition to the civil petition to recover the
165	property, the state attorney may file a motion as part of a
166	pending criminal case related to the property. The criminal
167	court has jurisdiction to determine ownership of the property,
168	to order the return of the property or other disposition, and to
169	order any appropriate restitution to any person. Such order
170	shall be entered following a hearing and after proper notice to
171	the pawnbroker, the victim, and the defendant in the criminal
172	case.
173	(e)(c)If the court finds that the claimant failed to
174	comply with the requirements in paragraph (a) or otherwise finds
175	against the claimant, the claimant is liable for the defendants'
176	costs, including reasonable attorney's fees.
177	(f)(d)The sale, pledge, or delivery of tangible personal
178	property to a pawnbroker by any person in this state is
179	considered to be:
180	1. An agreement by the person who sells, pledges, or
181	delivers the tangible personal property that the person is
182	subject to the jurisdiction of the court in all civil actions
183	and proceedings arising out of the pledge or sale transaction
184	filed by either a resident or nonresident plaintiff;
185	2. An appointment of the Secretary of State by any
186	nonresident of this state as that person's lawful attorney and
187	agent upon whom may be served all process in suits pertaining to
188	the actions and proceedings arising out of the sale, pledge, or
189	delivery; and
190	3. An agreement by any nonresident that any process in any
191	suit so served has the same legal force and validity as if
192	personally served in this state.
193	(16) PAMPHLET.--
194	(a) The agency shall publish a pamphlet describing a
195	claimant's rights to recover property under subsection (15) and
196	specifying that the claimant is not obligated to reimburse or
197	otherwise pay the pawnbroker to recover misappropriated
198	property. The pamphlet must also contain the form of the
199	petition prescribed in paragraph (15)(b). In developing the
200	pamphlet, the agency shall consult with the Attorney General,
201	the Department of Law Enforcement, the Florida Sheriffs
202	Association, the Florida Police Chiefs Association, the Florida
203	Pawnbrokers Association, and any other interested party.
204	(b) The agency shall distribute the pamphlets to local law
205	enforcement agencies for distribution to any victim of a crime
206	who believes that misappropriated property belonging to the
207	victim is in the possession of a pawnbroker.
208	(17) DISCLOSURES.--
209	(a) The agency shall prescribe, by rule, a disclosure form
210	that contains substantially the following statement:
211
212	IF YOU BELIEVE THAT PROPERTY STOLEN FROM YOU HAS BEEN PAWNED OR
213	SOLD TO THIS PAWNSHOP, YOU ARE UNDER NO LEGAL OBLIGATION TO
214	REIMBURSE OR OTHERWISE PAY THIS PAWNSHOP IN ORDER TO RECOVER THE
215	PROPERTY. FLORIDA LAW PROVIDES THAT YOU HAVE THE FOLLOWING
216	RIGHTS AND RESPONSIBILITIES:
217	1. To obtain possession of the property, you must provide
218	notice of your claim to the pawnbroker by certified mail, return
219	receipt requested, or in person evidenced by signed receipt. The
220	notice must contain a complete and accurate description of the
221	purchased or pledged goods and must be accompanied by a legible
222	copy of the applicable law enforcement agency's report on the
223	misappropriation of such property.
224	2. If you and the pawnbroker do not resolve the matter
225	within 10 days after the pawnbroker's receipt of the notice, you
226	may petition a court to order the return of the property, naming
227	the pawnbroker as a defendant, and you must serve the pawnbroker
228	with a copy of the petition.
229	3. The pawnbroker shall hold the property described in the
230	petition until the right to possession is resolved by the
231	parties or by a court.
232	4. The court shall waive any filing fee for the petition
233	to recover the property, and the sheriff shall waive the service
234	fees.
235	(b) The agency shall distribute the disclosure forms to
236	all pawnbrokers. When a person enters a pawnshop and demands the
237	return of property that he or she claims has been
238	misappropriated, the pawnbroker shall provide the person with
239	the disclosure form and the form shall be signed by both
240	parties.
241	(23)(21) RULEMAKING AUTHORITY.--The agency mayhas
242	authority to adopt rules pursuant to chapter 120 to administer
243	implement the provisions ofthis section.
244	Section 3. This act shall take effect July 1, 2003.