Res. No. 044-99-10668RESOLUTION NO.44-99-10668
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
PAWNBROKERS;REQUESTING THE STATE LEGISLATURE
TO ENACT NEW LAWS REGULATING PAWNBROKERS
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor andCity Commission of theCity of SouthMiami
havebeen informed thatthepawnbrokers/secondhanddealerswithintheState of
Florida have expanded rapidly overthelastfewyears;and,
WHEREAS,theStateLegislatureenactedStateStatute539 regulating
pawnbrokers ona Statewide basisunderthe Florida Department of Agriculture
and Consumer Services;and
WHEREAS,in Florida Statute539,theState superceded all previous local
lawsand restricted theability of localgovernmentsto enact laws pertaining to
pawnbrokers;and
WHEREAS,pawnbrokers knowinglyor unknowingly dealinstolen
property;and
WHEREAS,ithasbeenfoundthatinvariably pawnbrokers provide
incorrectandinaccuraterecordsontransportation;and
WHEREAS,toreducecrime,arrestcriminals,keepupdaterecordsand
assistvictimsin recovering stolenitems;anamendmenttoFloridaStatute539is
necessary.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OFTHECITYOFSOUTHMIAMI,FLORIDA;
Section1.TheCity Commission of theCity of SouthMiami,Florida,
hereby supports a request forthe State Legislature toenactnewlaws regulating
pawnbrokers withthe following recommendations.A)Restoring property rights to
victims (changes inthe Statute allowing for easier recovery of stolen property by
victims.The Statute makes recovery of stolen property difficult,time consuming
and expensive forthe victims.The Statute shouldbe changed togivevictimsback
the rights totheirstolen property);B)Removing conflicting provisions in Florida
Statute 539.001 (existing Florida Statute states inpartthat...."any county or
municipality mayenact ordinances thatarein compliance with,butnot more
Additions shown by underlining and deletions shown by overstrilcing.
Page 2 of Resolution No.44-99-10668
restrictive thanthis section"...This shouldbechangedsothat counties and
municipalitiescanenactmorerestrictivelawsifdeemednecessary);C)Provide
criminalpenaltiesforrepeatedrecordkeepingviolations(Manypawnbrokershave
repeatedlyprovidedincorrectinformationontransactionstolawenforcement.
Thisstatutoryamendmentwillprovideforafelonychargeforpawnbrokerswho
have been convicted three times for knowingly providing false information).
Section 2.This resolution shalltakeeffect immediately uponapproval.
PASSED AND ADOPTED this _2nd day of March >1999.
ATTEST:A APPROVED:
CITY CLERK //MAYOR
Commission Vote:5-0
READ AND APPROVED AS TO FORM:Mayor Robaina:yea
C^^Vice Mayor Oliveros:Ye'a
j^^y /&'&zZj)sA^Commissioner Feliu:Yea
-^ClTY ATTORNEY Commissioner Bethel:Yea
Commissioner Russell:Yea
Page2 of 2
<>&»i>s>s **•»•.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission
FROM:Charles D.Scurr
City Manager
n
DATE:2/26/99
AGENDA ITEM #
Comm.Mtg.3/2/3
PAWNBROKERS
The attached resolution sponsored by MayorJulio Robaina request the State
Legislature to enact new laws regulating pawnbrokers.
P.O.Box 1989
West Palm Beach.FL 33402-1989
(561)355-2001
FAX:(561)355-3990
www.co.palm-beach.fl.us
Palm Beach County
Board of County
Commissioners
Maude Ford Lee.Chair
Warren H.Newell.Vice Chairman
Karen T.Marcus
Carol A.Roberts
Mary McCarty
Burt Aaronson
Tonv Masilotti
County Administrator
Robert Weisman
"An EqualOpportunity
AffirmativeAction Employer"
printed on recycled paper
HonorableJulio Robaina,Mayor
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
RE:Pawn Shops
Dear Mayor Robaina:
There are over 1400 licensed pawnbrokers in the State of Florida and many
more are opening each month.Tenpercentof pawn shops nationwide are
located in Florida.
Many factors contribute to this explosion,including crime and population,but
the weak laws that govern these businesses are also responsible.
The Florida Pawnbroking Act (F.S.539)when adopted removed the ability
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.
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
requestyoursupportofthese critical issues regarding Florida Statute539:
•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,
timeconsumingand expensive forthe victims.TheStatuteshouldbe
changed to give victims back the rights to their stolen property.
Page Two
•Removingconflictingprovisionsin Florida Statute 539
Existing Florida Statute states in part that ..."Any county or
municipality may enact ordinances thatare in compliance with,but
notmore restrictive thanthissection..."Thisshouldbechangedso
thatcountiesor municipalities can enact more restrictive laws if
deemed necessary.(HomeRule)
•Provide criminal penalties for repeated record keeping
violations
Many pawnbrokers have repeatedly provided incorrect information on
transactions to law enforcement.ThisStatutechange will provide for
afelony charge forpawnbrokerswhohavebeenconvictedthree
timesfor knowingly providingfalseinformation.
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 ora
resolutionwouldbegreatly appreciated.
If you need further information,you may contactmeor my staff at (561)355-
2203.
Sincerely,
/ftyfatf
en H.Newell
Vjr6e Chairman
loard of County Commissioners
WHN:bd.pawn-legislation
Enclosure:
-Draft Legislation
-Draft Resolution