Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 948
       
       
       
       
       
       
                                Ì847994cÎ847994                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/09/2016           .                                
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       The Committee on Judiciary (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 103 - 127
    4  and insert:
    5  The plaintiff is entitled to the summary procedure provided in
    6  s. 51.011. Upon the receipt of the complaint a petition for a
    7  writ by a secondhand dealer, the secondhand dealer shall hold
    8  the property at issue until the court determines the respective
    9  interests of the parties.
   10         (4) In addition to the civil complaint petition for return
   11  remedy, the state may file a motion as part of a pending
   12  criminal case related to the property. The criminal court has
   13  jurisdiction to determine ownership, to order return or other
   14  disposition of the property, and to order any appropriate
   15  restitution to any person. Such order shall be entered upon
   16  hearing after proper notice has been given to the secondhand
   17  dealer, the victim, and the defendant in the criminal case.
   18         (5) A secondhand dealer commits a noncriminal violation,
   19  punishable as provided in s. 775.083 by a fine of up to $2,500,
   20  if all of the following occur:
   21         (a) An owner or a lienor makes a written demand for return
   22  of the property and provides proof of ownership or proof of the
   23  right of possession to the secondhand dealer at least 5 calendar
   24  days before filing a replevin action.
   25         (b) The secondhand dealer knows or should have known based
   26  on the proof provided under paragraph (a) that the property
   27  belongs to the owner or lienor.
   28         (c) The secondhand dealer fails to return the property and
   29  does not file an action in interpleader to determine conflicting
   30  claims to the property.
   31         (d) The owner or lienor prevails in the replevin action
   32  against the secondhand dealer.
   33         Section 4. Paragraph (h) of subsection (1) of section
   34  538.03, Florida Statutes, is amended to read:
   35         538.03 Definitions; applicability.—
   36         (1) As used in this part, the term:
   37         (h) “Secondhand goods” means personal property previously
   38  owned or used, which is not regulated metals property regulated
   39  under part II and which is purchased, consigned, or traded as
   40  used property. The term includes gift certificates and credit
   41  memos as defined in s. 501.95. The term does Such secondhand
   42  goods do not include office furniture, pianos, books, clothing,
   43  organs, coins, motor vehicles, costume jewelry, cardio and
   44  strength training or conditioning equipment designed primarily
   45  for indoor use, and secondhand sports equipment that is not
   46  permanently labeled with a serial number. As used in For
   47  purposes of this paragraph, the term “secondhand sports
   48  equipment” does not include golf clubs.
   49         Section 5. Subsection (3) of section 538.09, Florida
   50  Statutes, is amended to read:
   51         538.09 Registration.—
   52         (3) The secondhand dealer’s registration shall be
   53  conspicuously displayed at her or his registered location. A
   54  secondhand dealer must hold secondhand goods at the registered
   55  location until for the period required by s. 538.06 15 days
   56  after the secondhand transaction or until any extension of the
   57  holding period has expired, whichever is later.
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete lines 12 - 16
   62  and insert:
   63         plaintiff in a replevin action is entitled to a
   64         certain summary procedure; providing that a secondhand
   65         dealer commits a noncriminal violation under certain
   66         circumstances; providing a penalty; amending s.
   67         538.03, F.S.; revising the definition of the term
   68         “secondhand goods”; amending s. 538.09, F.S.; revising
   69         the period of time a secondhand dealer must hold
   70         secondhand goods at a registered location; providing
   71         an