Exh 6AA
z-zz-99
SPONSOR: Commissioner
Mitchelson
RESOLUTION NO. 99-3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, 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WHEREAS, in Florida Statute 539, the State superseded all previous local laws and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
t 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 CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, that:
SECTION 1
The City Commission of the City of Atlantic Beach, Florida hereby supports a
request for the State Legislature to 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 victims. The Statute should be changed to give victims back the
rights to their stolen property.)
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(,,,~ (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
This Resolution shall become effective immediately upon its passage.
ADOPTED by the City Commission of the City of Atlantic Beach this, the 22nd day of
February, 1999.
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Approved as to form and correctness:
Attest: ALAN C. JENSEN, ESQUIRE
City Attorney
MAUREEN KING
Certified Municipal Clerk
SUZANNE SHAUGHNESSY
Mayor