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.ShP/1( ORDINANCE NO. 11-010
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA,
REPEALING SECTION 1-12-34 (PAWNBROKERS);
REPEALING SECTION 1-12-35 (PAWNBROKERS; REPORT
TO SHERIFF; PENALTY); CREATING CHAPTER i -15.5
(PAWNBROKERS AND SECONDHAND DEALERS) OF THE
ST. LUCIE COUNTY CODE OF ORDINANCES AND
COMPLIED LAWS; CREATING SECTION 1-15.5-1
(TITLE); CREATING SECTION 1-15.5-2 (DEFINITIONS);
CREATING SECTION 1-15.5-3 (EXEMPTIONS);
CREATING SECTION 1-15.5-4 (BUSINESS TAX
RECEIPT); CREATING SECTION 1-15.5-5
(RECORDKEEPING REQUIREMENTS); CREATING
SECTION 1-15.5-6 (HOLDING PERIOD); CREATING
SECTION 1-15.5-7 (CERTAIN ACTS AND PRACTICES
PROHIBITED); CREATING SECTION 1-15.5-8
(PENALTIES); PROVIDING FOR CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR APPLICABILITY; PROVIDING FOR
FILING WITH DEPARTMENT OF STATE; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. Pursuant to Sections 1-12-34 and 1-12-35, St. Lucie County Code of
Ordinances and Compiled Laws, pawnbrokers in the unincorporated areas of the County are
required to maintain records of their transactions and provide daily reports based upon
these transactions to the St. Lucie County Sheriff.
2. In light of the potential for stolen goods to be presented to pawnbrokers
and second hand dealers, the St. Lucie County Sheriff has recommended the Board adopt
more stringent recordkeeping requirements, authorize law enforcement agencies to
inspect their records and premises, and require a holding period for goods conveyed to
such businesses.
"-••~~ passages ore deleted. JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT
Underlined pnssnges are added. SAINT ~iJC1E COUNTY
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OR BOCK 330'1 PAGE 1965 - 1918 Doc Types ORDN
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NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A. REVOCATIONS OF SECTION 1-12-34 (PAWNBROKERS) AND 1-12-35
(PAWNBROKERS; REPORTS TO SHERIFF; PENALTY)
The St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as
follows:
Existing Sections 1-12-36 through 1-12-41 shall be renumbered accordingly.
PART B. CREATION OF CHAPTER 1-15.5 (PAWNBROKERS AND SECONDHAND
DEALERS)
The St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as
follows:
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CHAPTER 1-15.4
PAWNBROKERS AND SECONDHAND DEALERS
Section 1-15.5-1. Title.
This chapter shall be known as the Pawnbroker and Secondhand Dealer Ordinance
of St. Lucie County, Florida.
Sec. 1-15.5-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Consignment shop means a shop engaging in the business of accepting for sale, on
consignment, secondhand goods which, having once been used or transferred from
the manufacturer to the dealer, are then received into the possession of a third
art .
Pown means either of the following transactions:
(a) Buy-sell og~eement means an agreement whereby a purchaser agrees
to hold~roperty for a specified period of time to allow the seller the exclusive
right to repurchase the property. Abut'-sell agreement is not a loan of money.
fib) Loan of money means a written or oral bailment of personal property
as security for an engagement or debt, redeemable on certain terms and with the
implied power of sale on default.
Pown means any advancement of funds on the security of pledged goods on
condition that the pledged goods are left in the possession of the pawnbroker for
the duration of the pawn and may be redeemed by the pledgor on the terms and
conditions contained in this section.
Pownbroker means any person duly licensed under Chapter 539, Florida Statutes,
who is regularly engaged in the business of makingpawns who makes a public display
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containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof;
or who publicly displays a sign or symbol historically identified with pawns, but does
not include a financial institution as defined in Section 655.005, Florida Statutes,
or any person who regularly loans money or any other thing of value on stocks,
bonds, or other securities. A pawnbroker may also engage in the business of
purchasing_goods which includes consignment and trade.
P/edge means pawn or buy-sell agreement.
Precious meta/s means any item containing any gold, silver, or platinum or any
combination thereof, excluding the following:
(a) Any chemical or any automotive, photographic, electrical, medical, or
dental materials or electronic parts.
(b) Any coin with an intrinsic value less than its numismatic value.
(c) An~gold bullion coin.
(d) Any gold, silver, or platinum bullion that has been assayed and that is
properly marked as to its weight and fineness.
(e) Any coin which is mounted in a .jewelry setting.
Precious meta/s dea/er means a secondhand dealer who normally or regularly
engages in the business of buying used precious metals for resale. The term does
not include those persons involved in the bulk sale of precious metals from one
secondhand or precious metals dealer to another.
Secondhand dea/er means any person who is not a secondary metals recycler and
who is engaged in the business of purchasing, consigning, or trading secondhand
goods. However, secondhand dealers are not limited to dealing only in items defined
as secondhand goods in this section. Except as provided in Subsection 1-15.5-3(1),
the term "secondhand dealer" means jewelers, precious metals dealers, garage sale
operators, secondhand stores, and consignment shops.
passages are deleted.
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Secondhond goods means personal property previously owned or used, which is not
regulated metals property regulated under Section 538.18, Florida Statutes, et
seq., and which is purchased, consigned, or traded as used property. Such
secondhand goods do not include office furniture, pianos, books, clothing, organs,
coins, motor vehicles, costume .jewelry, and secondhand sports equipment that is
not permanently labeled with a serial number. For purposes of this pnra_graph,
"secondhand sports equipment" does not include golf clubs.
Secondhond store means the place or premises at which a secondhand dealer is
registered to conduct business as a secondhand dealer or conducts business.
Tit/e /oon means a loan of money secured by bailment of a certificate of title to a
motor vehicle. A title loan is not a pawn if the secondhand dealer does not maintain
physical possession of the vehicle throughout the term of the transaction.
Transaction means any title loan, purchase, or consignment of secondhand goods by
a secondhand dealer.
Sec. 1-15.5-3. Exemptions.
(a) This ordinance does not apply to the following:
(1) Any secondhand goods transaction involving an organization or entity
registered with the state as a nonprofit, religious, or charitable organization or
any school-sponsored association or organization other than a secondary metals
recycler subject to Section 538.18, Florida Statutes.
(2) A law enforcement officer acting in an official capacity
(3) A trustee in bankruptcy, executor, administrator, or receiver who has
presented proof of such status to the secondhand dealer.
(4) Any public official acting under judicial process or authority who has
presented proof of such status to the secondhand dealer.
(5) A sale on the execution or by virtue of any process issued by a court,
if proof thereof has been presented to the secondhand dealer.
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(6) An~garage sale operator who holds no more than two (2) garage sales
of up to three (3) days each at any site during one (1) calendar year.
(7) Any person at antique, coin, or collectible shows or sales.
(8) Any person who sells household personal property as an agent for the
property owner or the owner's representative pursuant to a written agreement at
that person's residence.
(9) The purchase, consignment, or pawn of secondhand goods from one
secondhand dealer to another secondhand dealer when the selling secondhand
dealer has complied with the requirements of this article.
(10) Any person accepting a secondhand good as a trade-in for a similar
item of greater value.
(11) Any person purchasin ,consigning, or trading secondhand goods at a
flea market regardless of whether at a temporary or permanent business location
at the flea market, unless said vendor conducts business transactions otherwise
governed by the State of Florida.
(12) Any auction business as defined in Section 468.382(1), Florida
Statutes.
(13) Andbusiness that is registered with the state department of revenue
for sales tax purposes as an antique dealer pursuant to Chapter 212, Florida
Statutes, and that purchases secondhand goods from the property owner or such
owner's representative at the property owner's residence pursuant to a written
agreement that states the name, address, and telephone number of the property
owner and the type of propertypurchased.
(14) Any person purchasing, consigning, or pawning secondhand goods
ordered by mail; computer-assisted shopping; media-assisted, media-facilitated, or
media-solicited shopping; or shopping by other means of media communication,
including but not limited to direct mail advertising; unsolicited distribution of
catalogs; television, radio, or other electronic media; telephone, magazine, or
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newspaper advertising, so long as such person is in this state at the time of the
order.
(15) A motor vehicle dealer as defined in Section 320.27, Florida Statutes.
(b) This article does not apply to secondary metals recyclers regulated under
Section 538.18, Florida Statutes.
Section 1-15.5-4. Business Tax Receipt.
Secondhand dealers, precious metals dealers, pawnbrokers, and junk dealers shall
obtain a County business tax receipt from the St. Lucie County Tax Collector as
required under Chapter 1-12, St. Lucie County Code of Ordinances and Compiled
Laws.
Section 1-15.5-5. Recordkeeping requirements.
(a) The St. Lucie County Sheriff shall designate an electronic reporting system
for all pawn and secondhand dealer transactions. The St. Lucie County Sheriff
shall provide copies of the electronic reporting system software to all pawnbrokers
and secondhand dealers.
(b) A pawnbroker shall comply with the recordkeepinq requirements set forth in
Section 539.001(9), Florida Statutes, including but not limited to electronic
transfer to the St. Lucie County Sheriff of all pawn transactions using the
electronic reporting system designated by the Sheriff.
(c) In addition to the recordkeeping requirements set forth in Section 538.04,
Florida Statutes, secondhand dealers shall also comply with the recordkeepinq
requirements set forth in this section.
(d) A secondhand dealer as defined in this article shall provide an electronic
transaction of all articles of any kind purchased or received using the electronic
reporting system designated by the St. Lucie County Sheriff pursuant to Section
539.001(9)(b), Florida Statutes. The electronic transaction record shall at all
times during business hours be open to the inspection of the St. Lucie County
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Sheriff 's Office. The report shall be a full, true, and complete report of all goods,
wares merchandise, or things received on deposit or purchased the previous da~r.
The report shall contain the following:
(1) The time, date, and place of the transaction.
(2) A complete and accurate description of the floods acquired, including
digital images, any serial numbers, manufacturer's numbers, or other
identifying marks or characteristics.
(3) A description of the person from whom the goods were acquired,
including:
A. Full name, address, place of employment, and home telephone
number.
B. Height, weight, date of birth, race, gender, hair color, eye
color, and any other identifying marks.
C. The right thumbprint, free of smudges and smears, of the
person from whom the goods were acquired
(4) If any article has engraved thereon a number, word, or initial, or
contains settings of any kind, the description of the article in the report
shall contain the number, word, or initial and shall show the kind of settings
and the number of each kind.
(5) In the case of a purchase, the amount of money paid for the goods or
the monetary value assigned to the goods in connection with the transaction.
the amount of money paid for the goods or the monetary value assigned to
the goods in connection with the transaction.
(6) Any other information required by the Florida Department of Law
Enforcement.
(e) A secondhand dealer shall require verification of the identification of the
seller by the exhibition of a government-issued photographic identification card
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such as a driver's license or military identification card. The record shall contain
the type of identification exhibited, the issuing agency, and the number thereon.
~f) A secondhand dealer shall require a seller to sign a statement verifying that
the seller is the rightful owner of the goods or is entitled to sell the goods.
(g) Each receipt issued by a secondhand dealer shall be numbered consecutively
and if stubs are used in connection with the record of the transaction retained by
the secondhand dealer, each stub shall be numbered consecutively to conform to
the receipt.
(h) The electronic reporting system will provide for an upload of a complete
electronic report as described in this section. Each secondhand dealer and
pawnbroker shall, at the end of each business day, provide an electronic upload to
the electronic reporting system of all transactions that occurred during the
previous business dad
(i) Secondhand dealers are exempt from this section for all transactions
involving secondhand sports equipment, except secondhand sports equipment that
is permanently labeled with a serial number.
Section 1-15.5-6. Inspection of records and premises.
(a) The premises and required records of each secondhand dealer and
pawnbroker are subject to inspection during regular business hours by the St.
Lucie County Sheriff's Office and by any state law enforcement officer who has
jurisdiction over the dealer.
(b) The inspection authorized by subsection (a) of this section shall consist of
an examination on the premises of the inventory and required records to determine
whether the records and inventory are being maintained on the premises as
required by Section 1-15.5-5 and whether the secondhand dealer or pawnbroker
has complied with the holding period requirements of Section 1-15.5-7.
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Section 1-15.5-7. Holding period.
(a) A pawnbroker shall comply with the holding requirements set forth in
Section 539.001(9), Florida Statutes.
(b) A secondhand dealer shall comply with the following holding requirements:
(1) A secondhand dealer shall not sell, barter, exchange, alter,
adulterate, or in any way dispose of any secondhand goods within thirty (30)
calendar days of the date of acquisition of the goods. Such holding period is not
applicable when the person known by the secondhand dealer to be the person from
whom the goods were acquired desires to redeem, repurchase, or recover the
goods, provided the dealer can produce the record of the original transaction with
verification that the customer is the person from whom the goods were originally
acquired.
(2) A secondhand dealer shall maintain actual physical possession of all
secondhand goods throughout a transaction. It is unlawful for a secondhand dealer
to accept title or any other form of security in secondhand goods in lieu of actual
physical possession.
(3) Upon probable cause that goods held by a secondhand dealer are
stolen, a law enforcement officer with jurisdiction may extend the holding period
to a maximum of ninety (90) days. The law enforcement officer must make the
hold order, and the secondhand dealer must act, in compliance with the provisions
of Section 538.06(3) Florida Statutes. However, the holding period may be
extended beyond ninety (90) calendar days by a court of competent .jurisdiction
upon a finding of~robable cause that the property is stolen and further holdincLis
necessary for the purposes of trial or to safeguard such property. The dealer shall
assume all responsibility, civil or criminal, relative to the property or evidence in
question, including responsibility for the actions of any employee with respect
thereto.
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(4) All dealers in secondhand property regulated by this article shall
maintain transaction records for five (5) years.
(e) Subject to the requirements of Chapter 537, Florida Statutes, and the
restrictions in Section 538.15, Florida Statutes, a secondhand dealer may engage in
a title loan transaction, and the physical possession requirements of Subsection 1-
15.5-7(b)(2) of this section shall not apply if the following conditions are met:
(1) The secondhand dealer maintains physical possession of the motor
vehicle title.
(2) The owner maintains possession of or control over the motor vehicle
throughout the transaction.
(3) The owner is not required to pay rent or any other charge for the use
of the motor vehicle.
(4) A secondhand dealer who engages in a motor vehicle title loan
transaction has the right to repossess the motor vehicle upon failure of the owner
to redeem the title. The secondhand dealer shall only repossess a motor vehicle
through an agent who is licensed by the state to repossess motor vehicles. The
secondhand dealer may dispose of the motor vehicle as provided in Section 538.16,
Florida Statutes. Any sale or disposal of the motor vehicle shall be made through a
motor vehicle dealer licensed under Section 320.27, Florida Statutes.
(5) No charges other than those charges permitted in Section 537.011,
Florida Statutes, shall be allowed, and such charges shall be fully disclosed,
conspicuously in writing, and initialed by the motor vehicle owner at the initiation
of the transaction.
Section 1-15.5-8. Certain acts and practices prohibited.
It is unlawful for a secondhand dealer or any employee of a secondhand dealer to
do or allow any of the following acts:
(n) Knowingly make a transaction with any person:
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(1) Who is under the influence of drugs or alcohol when such condition is
visible or apparent;
(2) Under the age of 18 years; or
(3) Using a name other than such person's own name or the registered
name of such person's business.
(b) Have a secondhand store open or engage in or conduct business as a
secondhand dealer between the hours of 10:00 p.m. and 7:00 a.m. A secondhand
dealer shall not conduct any transaction at adrive-through window or similar
device.
(c) Fail to pay any sales tax owed to the Florida Department of Revenue or fail
to have a sales tax registration number.
(d) Engage in both~awn transactions and title loan transactions from at, within
o~joining a licensed awn shop or secondhand dealer location.
(e) Use the word "pawn" or "pawnbroker" in any transaction, documentation,
advertising or promotional materials, signs, displays, banners, or other materials of
any nature relating to the secondhand dealer's business.
Section 1-15.5-9. Penalties.
Any_person willfully violating the provisions of this ordinance, other than clerical or
recordkeeping errors, shall be guilty of a misdemeanor punishable by a fine not to
exceed five hundred and 00/100 dollars ($500.00) or by imprisonment in the
count~,iail not to exceed sixty (60) days, or both such fine and imprisonment. Each
day of noncompliance with this ordinance shall be deemed a separate offense.
PART C. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
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PART D. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person, entity, property, or circumstance, such holding shall not affect
its applicability to any other person, property, or circumstance.
PART E. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART G. EFFECTIVE DATE.
This ordinance shall take effect on January 1, 2012.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft
Vice Chairman Chris Dzadovsky
Commissioner Paula Lewis
Commissioner Frannie Hutchinson
Commissioner Tod Mowery
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY ENACTED this 7
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day of y ~~~ , 2011.
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5:\atty\ordnnnce\2011\11-Ol0.doc
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BOARD OF COUNTY COMMISSIONERS
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APPROVED AS TO FORM ANfl ~ ~~~
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14
FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING
Governor Secretary of State
June 17, 2011
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Ave
Fort Pierce, Florida 34982
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
b
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 15, 2011 and certified copy of St. Lucie County Ordinance No. 11-010, which was filed
in this office on June 17, 2011.
Sincerely,
v
ice..`
Liz Cloud
Program Administrator
LC/vm
DIRECTOR'S OFFICE
R.A. Gray Building 500 Sou[h Bronough Street Tallahassee, Florida 32399-0250
850.245.6600 FAX:850.245.6282 TDD:8S0.922.4085 • http://info.florida.gov
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 • FAX:850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 FAX:850.488.9879 850.245.6750 • FAX:850.245.6795 850.245.6270 FAX:850.245.6282