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HomeMy WebLinkAboutDocumentation_Regular_Tab 09D_02/11/1999.F .~ 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. ~FiEREAS, the pawnbrokers/second hand dealers within the State of Florida have expanded rapidly over the last few years; and HEREAS, the State Legislature enacted State statute 539 regulating awnbrokers on a Statewide basis under the Florida Department of griculture and Consumer Services; and 'HEREAS, in Florida statute 539; the State superceded all previous ocal laws and restricted the ability of local governments to enact ew laws pertaining to pawnbrokers; and HEREAS, pawnbrokers knowingly or unknowingly deal in stolen roperty; and REAS, it has been found that invariably pawnbrokers provide orrect and inaccurate records on transactions; and :EREAS, to reduce crime, arrest d assist victims in recovering orida statute 539 is necessary. criminals, keep updated records stolen items; an amendment to THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: ection 1. The Village Council of the Village of Tequesta, lorida, hereby supports a request for the State legislature to nact new laws regulating pawnbrokers with the following ecommendations. 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). 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 t r That this resolution shall become effective immediately upon its passage. 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. [E FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded Councilmember and upon being put to vote, the vote was as follows: 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). 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). FOR ADOPTION AGAINST ADOPTION ~he Mayor thereupon declared the Resolution duly passed and adopted this 11th day of February, A.D., 1999. MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST: Joann Manganiello Village Clerk +~P80\Resolution\Pawnbrokers ~ i ~_. x ij a~ "9 ~ 7:r:;t1~_1~~~~ir3f..i: P.O. Box 1989 West Palm Beach, FL. 33402-1989 January 19, 1999 (561) 355-2001 FAX: (561) 355-3990 www.co.palm-beach.H.us Honorable Elizabeth A. Schauer, Mayor ~Ilage of Tequesta P.Q. Box 3273 ~ Tequesta, FL 33469 RE: Pawn Shops Palm Beach County Board of County Commissioners Dear Mayor Schauer: Maude Ford Lee, Chair There are over 14001icensed pawnbrokers in the State of Florida and many Warren H. Newell, Vice Chairman more are opening each month. Ten percent of pawn shops nationwide are located. in Florida.. Karen T. Marcus carol A. Roberts Many factors contribute to this explosion, including crime and population,. but the weak laws that govern these businesses are also responsible. Mary McCarty Burt Aaronson The Florida Pawnbroking Act (F.S. 539) when adopted removed the ability Tony Masilotti of local governments to pass and enforce more restrictive laws and ordinances. This Statute also mandated difficult and possibly costly mechanisms through the courts to return stolen merchandise located in pawn shops by victims. As a result, most victims just buy their personal belongings back. County Administrator Robert Weisman The Statute also places the regulation of the Statute under the Department of Agriculture and Consumer Services. To date, no pawn shop licenses have been revoked and .only a few small fines have been issued along with a handful of reprimands. In order to improve on this existing legislation, Palm Beach County will request your support of these critical issues regarding Florida Statute 539: • 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 victims. The Statute should be changed to give victims back the rights to their stolen property. "An Equal Opportunity Affirmative Action Employer' printed on recycled paper Page Two • Removing conflicting provisions in Florida Statute 539 E~osting Florida Statute states . in part that ... "Any county or municipality may enact ordinances. that are in compliance with, but ,;.,. riot mire t'esttictiv~ th$n this s~c~i+,~n .,.:".This-~.shoulo' be changed so -that counties or municipalities' can enact more restrictive -laws if deemed necessary. (Home Rule) • Provide criminal penalties for repeated record keeping violations Many pawnbrokers have repeatedly provided incorrect information on transactions to law enforcement. This Statute change will provide for a felony charge for pawnbrokers who have been convicted three times for knowingly providing false information. We would appreciate this issue being considered a priority of your community and hope you will discuss the issue with your local law enforcement agencies, County governments, and other interested leaders. A letter of support or a resolution would be greatly appreciated. If you need further information, you may contact me or my staff at (561) 355- 2203. Sincerely, ~~ Warr H ~c Chairman Board of County Commissioners WHM:bd.pawn-legislation Enclosure: -Draft Legislation -Draft Resolution 6 7 8 9 10 I1 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 30 3l A bill to be entitled 1Zr ~ ~ ~IS i An act relating to pawnbroking;amending § 539.001(15), F.S., - - ~I relating to claims against purchased goods or pledged goods ,. - _ _ _ held by pawnbrokers; amending §539.041(16)(x), F.S', providing for the placementof a written hold order on properly .~ _ w based on probable cause or articulable suspicion; amending. _ .. ._. §539.001(16)(e)2,F.S., providingthat property-be re to the claimant upon court order, am ding § , F.S. relating to criminal penalties; 'ng §53 .S, providing for the ability of unties t nact ~ ~ restrictive than the provisio w; providing: . - ~, effective date. Be It Enacted by the Legislature. (15) AG -CHASED GOODS OR PLEDGED GOODS PA _ ~r To ob ession of purchased or pledged goods held by a g ~r I Coding: words yitie#~en are deletions; words underlined are additions. Section 1_ Subsectio ofsec~b539.00, dridaStatutes;1997, is amended to read: ' ~mbro laimant claims to be misappropriated, the claimant must notify the pawnbro feed mail, return receipt requested, or in person evidenced by- signed receip ~ f e claimant's claim to the purchased or pledged goods. 'The notice must cost '~, a complete and accurate description of the purchased or pledged goods and mrie accompanied by a legible copy of the applicable law enforcement ency's report on the misappropriationofsueh property. The claimant must provide .. ro er receipt(s) evidencine proof of purchase of the misappropriated purchased or edged goods Upon presentationofsuch proof the pawnbroker shalt immediately convey the misappropriated purchased or pleda, d l;oods to the claimant [n the event the claima~r r#nPe ..nr tiav a ~-~ner receiFt and if the claimant and the pawnbroker do not resolve the matter within 10 days after the pawnbroker's receipt of the notice, the claimant may petition the court to order the return of the properly, naming the pawnbroker as a defendant, and must serve the pawnbroker with a copy of the petition. The pawnbroker shall hold the properly described in the petition until the right to possession is resolved by the parties or by a court of competent jurisdiction. The court shall waive any filing fee for the petition to recove a pro : ,and the sheriff shall waive the service fees. a wn e e c. (b) If; after notice and a heari ., misappropriated= 1. The el~tartt nawnl reasonable attorneys fees; service charges. finds that the _ was the Pawi~relfer 's vawnb,~e . .f ~~Y Y 1 1 ~ f 7 Codinb: words strit~en arc; deletions; words underlined are additions. .~ (~3~ The sale, pledge, or delivery of tangible personal property ~ a pawnbroker by any person in this state is considered to be: 1 • An agreement by the person who sells, pledges, or delivers the tangible personal property that the person is subject to the jurisdiction of the court in all civil actions and proceedings arising out of the pledge or sale transaction filed by either a resident or nonresident plaintiff; 2. An appointment of the Secretary of State by ~ oru'esident of this state as that person's lawful attorney and a t upon y be served all process in suits pertaining to the actions an eedings of the sale pledge, or delivery; and 3. An agreement by any -that anY p suite so served has the same legalforce and validi pally served in this state. Section 2. Subsection (16xa) of 39.001, tatutes, 1997, is amended to read: Section 3. .WSu~section (16)(e) 2 of section 539.001, Florida Statutes, is amended j C~ to read: ;~'~" ~"~`" While a hold order is in effect, the pawnbroker must upon request release the property subject to the hold order to the custody of the appropriate law enforcement official for use in a criminal investigation. The release of the property to the custody of the appropriate law enforcement official is not considered a waiver or release of the 3 Coding: words strielcen are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 pawnbroker's property rights or interest in the property, Upon completion of the criminal proceeding, the property must be returned to the ~ralfer claimant unless the court orders other disposition. Iln~~orderine that a etQpe~r~e returned to thr c a , the. court shall additionally order the conveyingcustomer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property together with reasonable alto ey's fees and costs. Section 4. Subsection (17) of Section 539 to read: (17) CRIMIl~IAL PENALTIES. (a) Any person who engages i securing a license commits a felony of 775.082, s. 775.083, or s. 775.08 (b) In addition to ather violates this section or ~ ~ owin specifically required " s sec _ ~ comr. is amended pine broker without first degree, : as provided in s. as prdn s. 77 (c) Section 5. N~Su~isection (20) ofsection 539.001, FloridaStatutes,1947, is amended to read: ca `` .:.~:` '9 i0 .I f 4 Codin6: words stricterr are deletions; words underlined are additions. L. .: .,•r• 1 2 3 4 S 6 7 8 9 10 11 12 13 ~ieense: LOCAL F(a1i.aTrnN OF PAWNBRO FFtS Nothing ' hie chanter shall preclude political subdivisio of the state fro enacting laws more restrictive than the provisions of this chapter Section 6. This act shall take effect upon becomig~g law. 5 Codin6: words striek~n arc dclctions; words underlined are additions.