HomeMy WebLinkAboutResolution_16-98/99_02/11/2010 RESOLUTION NO. 16 -98/99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, IN SUPPORT OF A
REQUEST FOR THE STATE LEGISLATURE TO ENACT NEW LAWS
REGULATING PAWNBROKERS.
WHEREAS, the pawnbrokers/ second hand dealers within the State of
Florida have expanded rapidly over the last few years; and
WHEREAS, the State Legislature enacted State statute 539 regulating
pawnbrokers on a Statewide basis under the Florida Department of
Agriculture and Consumer Services; and
WHEREAS, in Florida statute 539; the State superseded all previous
local laws and restricted the ability of local governments to enact
new laws pertaining to pawnbrokers; and
WHEREAS, pawnbrokers knowingly or unknowingly deal in stolen
property; and
• WHEREAS, it has been found that invariably pawnbrokers provide
incorrect and inaccurate records on transactions; and
WHEREAS, to reduce crime, arrest criminals, keep updated records
and assist victims in recovering stolen items; an amendment to
Florida statute 539 is necessary.
NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1. The Village Council of the Village of Tequesta,
Florida, hereby supports a request for the State legislature to j
enact new laws regulating pawnbrokers with the following
recommendations.
'Section 2.
A. Restoring property rights to victims
(Changes in the statute allowing for easier recovery of
stolen property by victims. The Statute makes recovery
of stolen property difficult, time consuming and
expensive for the victim. The Statute should be changed
to give victims back the rights to their stolen
. property) . I
B. Removing conflicting provisions in Florida statute
539.001
(Existing Florida statute states in part that "Any
county or municipality may enact ordinances that are in
compliance with, but not more restrictive than this
section" This should be changed so that counties
and municipalities can enact more restrictive laws if
deemed necessary).
C. Provide criminal penalties for repeated record keeping
violations
(Many pawnbrokers have repeatedly provided incorrect
information on transactions to law enforcement. This
statutory amendment will provide for a felony charge for
pawnbrokers who have been convicted three times for
knowingly providing false information).
Section 3. That this resolution shall become effective
immediately upon its passage.
Section 4. The Village Clerk is hereby directed to provide
copies of this Resolution to the Board of County
Commissioners an the members of the Palm Beach
County Legislative Delegation.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
. Hansen , who moved its adoption. The motion was seconded
; by Councilmember Mackail and upon being put to
ia vote, the vote was as follows:
I
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Carl C. Hansen
Ron T. Mackail
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f — � >i7Aheth Schaper
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!The Mayor thereupon declared the Resolution duly passed and adopted
this 11 day of February, A.D., 1999.
OR OF T UES
Elizabeth A. Schauer
ATTEST:
i
i
oann Mangani llo
V illage Clerk
P80 \Resolution \Pawnbrokers
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