Res 12-99RESOLUTION NO. 12-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING PROPOSED
LEGISLATION RELATED TO PAWNBROKERS; PROVIDING FOR
AMENDMENTS TO SECTIONS 539.001(15) AND (20), FLORIDA
STATUTES, WHICH WOULD REQUIRE PA'9(?NBROKERS TO
CONVEY MISAPPROPRIATED GOODS TO A VALID CLAIMANT
UPON PROOF OF OWNERSHIP AND AH,OW PAWNBROKERS TO
RECOVER THEIR COSTS FROM THE CUSTOMER CONVEYING
THE MISAPPROPRIATED GOODS; FURTHER PROVIDING THAT
POLITICAL SUBDIVISIONS MAY ENACT ORDINANCES MORE
RESTRICTIVE THAN THE STATE LAW; ENCOURAGING .AT.T,
MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON THE
IMPORTANCE OF AND NEED FOR THE PASSAGE OF THIS BILL
BY THE LEGISLATURE OF THE STATE OF FLORIDA; PROVIDING
FOR THE DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, the burden for reclamation of misappropriated goods held by a pawnbroker is
now placed on the claimant under Chapter 539, Florida Statutes, to the extent that the claimant must first
petition the court when disputes between the pawnbroker and the claimant arise; and
WHEREAS, the claimant may be denied immediate access to his misappropriated goods
under Chapter 539, Florida Statutes, even when claimant has provided evidence of proof of ownership of
the misappropriated goods; and
WHEREAS, the amendments to Sections 539.001(15) and (20) provide that the claimant
may obtain mediate possession of his misappropriated goods subject to a later restitution claim imtiated
by the pawnbroker after conveying the property to the claimant; and
WHEREAS, the proposed amendment provides that dries may enact more restrictive
pawnbroking laws than those provisions found in Chapter 539, Florida Statutes; and
WHEREAS, the proposed bill by the Legishture of the State of Florida amending Chapter
539, "Pawnbroldng", creates a more fair and just process for the return of goods to the majority of citizens
whose goods have been misappropriated in the County of Palm Beach and throughout the State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach City Commission hereby endorses passage of the
proposed legislation providing for amendments to Sections 539.001(15) and (20), Florida Statutes, relating
to claims against purchased and pledged goods and to local regulation of pawnbrokers; and urges its
members to work for passage of this amendment.
Section 2. That copies of this resolution shall be forwarded to the Florida League of Cities,
Inc., the Palm Beach County League of Cities, Inc., the Palm Beach County Legislative Delegation, and all
municipalities in Palm Beach County.
Section 3. That this resolution shall take effect mediately upon adoption.
A'ITEST:
~ity Clerk
PASSED AND ADOPTED in regular session on this the 16m day of February, 1999.
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Boynton Beach
100 E. Boynton Beach Boulevard
P.o. Box310
Boynton Beach, Florida 33425-0310
City Hall: (561}~ 742.6060
FAX: (561)=3~b~=0~ 742.6090
Febmary23,1999
Ms. Alison MacGregor Harty, City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444-2698
RE: RESOLUTION #R99-17
SUPPORTING PALM BEACH COUNTY REGARDING PAWNSHOPS
Dear Ms. Harty:
Attached please find the above mentioned resolution which states that the City
Commission of the City of Boynton Beach supports proposed legislation related to
pawnbrokers.
This resolution was approved and adopted by the City Commission at the regular meeting
held on February 16, 1999. The Commission thanks you in advance for your
consideration and hopes you will support this resolution.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
J~M. Prainito, Deputy City Clerk
C: PBC League of Cities
Florida League of Cities, Inc.
All cities in Palm Beach County
Mas
\\chhnain\shrdata\cc\wp~m~rge\palm beach county form letter.docLegi
America's Gateway to the Gulfstream
RESOLUTION R99-/~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING
PROPOSED LEGISLATION RELATED TO
PAWNBROKERS; PROVIDING FOR AMENDMENTS TO
SECTIONS 539.001(15)AND (20), FLORIDA
STATUTES WHICH WOULD REQUIRE PAWNBROKERS
TO CONVEY MISAPPROPRIATED GOODS TO A VALID
CLAIMANT UPON PROOF OF OWNERSHIP AND
ALLOW PAWNBROKERS TO RECOVER THEIR COSTS
FROM THE CUSTOMER CONVEYING THE
MISAPPROPRIATED GOODS; FURTHER PROVIDING
THAT POLI-rICAL SUBDIVISIONS MAY ENACT
ORDINANCES MORE RESTRICTIVE THAN THE STATE
LAW; ENCOURAGING ALL MUNICIPALITIES TO
EDUCATE THEIR CITIZENRY ON THE IMPORTANCE
OF AND NEED FOR THE PASSAGE OF THIS BILL BY
THE LEGISLATURE OF THE STATE OF FLORIDA;
AUTHORIZING THE SUBMITTAL OF A COPY OF THIS
RESOLUTION TO THE FLORIDA LEAGUE OF CITIES,
INC., THE PALM BEACH COUNTY LEGISLATIVE
DELEGATION, AND ALL MUNICIPALITIES IN PALM
BEACH COUNTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the burden for reclamation of misappropriated goods held by a
pawnbroker is now placed on the claimant under Chapter 539, Florida Statutes, to
the extent that the claimant must first petition the court when disputes between the
pawnbroker and the claimant arise; and
WHEREAS, the claimant may be denied immediate access to his
misappropriated goods under Chapter 539, Florida Statues, even when claimant has
provided evidence of proof of ownership of the misappropriated goods; and
WHEREAS, the amendments to Sections 539.001(15) and (20) provide that
the claimant may obtain immediate possession of his misappropriated goods subject
to a later restitution claim initiated by the pawnbroker after conveying the property
to the claimant; and
WHEREAS, the proposed amendment provides that cities may enact more
restrictive pawnbroking laws than those provisions found in Chapter 539, Florida
Statutes; and
WHEREAS, the proposed bill by the Legislature of the State of Florida
amending Chapter 539. Pawnbroking. creates a more fair and just process for the
return of goods to the majority of citizens whose goods have been misappropriated
in the County of Palm Beach and throughout the State of Florida.
NOW, THEREFORE, BE TT RESOLVED BY THE CTI'Y COMt4zsszoN OF
THE CZTY OF BOYNTON BEACH, FLORZDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, does
hereby endorse passage of the proposed legislation providing for amendments to
Sections 539.001(15) and (20), Florida Statutes, relating to claims against purchased
and pledged goods and to local regulation of Pawnbrokers; and urges its members
to work for passage of this amendment.
Section 2. That copies of this resolution shall be forwarded to The Florida
League of Cities Inc., The Palm Beach County Legislative Delegation, and all
Municipalities in Palm Beach County.
Section 3. That this Resolution shall become effective immediately upon
passage.
j,r
PASSED AND ADOPTED this _,,//~ day of ,~,~,~y
,1999.
CTTY OF BOYNTON BEACH, FLORIDA
ATTEST:
Mayor
ice Mayor///
'
Com~on~
Commissioner
Ci~ Clerk "~
(co.m'~,~:_~"~ ~, ~
s:a~R~L~isla~ve ~o~Pa~ S~p L~i~a~ R~
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY M/~AGER~/]
AGENDA ITEM ~'~/~- REGULAR MEETING OF FEBRUARY 16,
RESOLUTION NO. 12-99 (PAWN SHOP LEGISLATION)
DATE: FEBRUARY 12, 1999
1999
At the January, 1999, general membership meeting, a resolution in
support of proposed pawn shop legislation was adopted unanimously
by the Palm Beach County League of Cities. Member cities were
encouraged to adopt similar resolutions and forward them to our
Legislative Delegation and the Florida League of Cities.
Resolution No. 12-99 supports the proposed legislation which would
require pawnbrokers to return stolen or misappropriated goods to a
valid claimant upon proof of ownership. The proposed amendments
to Chapter 539 (Pawnbroking) of the Florida Statues would also
allow political subdivisions to enact ordinances more restrictive
than state law.
A memorandum from Police Chief Overman is support of this
resolution is attached.
Recommend approval of Resolution No. 12-99.
ref:agmemol4
Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
1993
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
/
David T. Harden, City Manager . ~/
Richard G. Overman, Chief of Police
February 10, 1999
RESOLUTION - PAWN SHOP LEGISLATION
RECEIVED
FEB 1 1 1999
CITY MANAGER
We support this legislation as the legal owner of stolen merchandise should not have
the additional burden required of them to get their property back. This will probably
have a chilling effect on dishonest pawn shop operators on taking stolen goods.
RGO/ppt
Attachment
cc: City Clerk's Office
FROM: PHONE NO.: Jan 29, 1999 10:57 AM P 2/4
Palm I each County I[AGU[ O[ CIII[S, linC.
ED. BO× 1989, GOVERNMENTAL CENTER, WEST PALM BEACH. FLORIDA 33402
[561 ) 355~1484 FA,'(; (561) 355~654.5 w~v.tallen@oo, palm-beach.fl us
MEMORANDUM
DATE:
SUB~TECT:
TO: City Managers RECEIVED
FROM: I~obert A. Burdett JAN 2 9 lgg9
I~xecutive birector ~
CITY MANAGER
.Tanuary Z9, 1999
~csolu*ion - Pawn Shop L~islation
Attached is the resolution adopted unanimously by the Palm Beach County League of
Cities at their ~Tanuary 27, 1999 General Membership meeting in support of proposed
pawn shop legislation.
Cities are encouraged to adopt similar resolutions and forward them to the Palm Beach
County Legislative Delegation and the Florida League o¢ Cities.
attachment
FROM: PHONE NO.: Jan29, 1999 10:58 AM P3/4
RESOLUTION NO. 98-6
A RESOLUTION OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC,
SUPPORTING PROPOSED LEGISLATION RELATED TO PAWNBROICERS;
PROVIDING FOR AMENDM~NTS TO SECTIONS 539_001(15)AND(20),
FLORIDA STATUTES WHICH WOULD RE_QUIRE PAWNTII~OKERS TO
CONVEY MISAPPROPRIATED GOODS TO A VALID CLAiMANT LrpoN
PROOF OF OW2CERSHIP AND ALLOW PAWN-BROKERS TO RECOVER
THEIR COSTS FROM 'FILE CUSTOMER CONVEYING THE
MISAPPROPRIATED GOODS; FURTHER PROVIDING THAT POLITICAL
SUBDIVISIONS MAY ENACT ORDINANCES MORE RESTRICTIVE THAN
THE STAIE LAW; ENCOURAGING ALL MUNICIPALITIES TO EDUCATE
THEIR CITIZENRY ON THE IMPORTANCE OF AND NEED FOR THE
PASSAGE OF THIS BILL BY THE LEGISLATURE OF THE STATE OF
FLORIDA; AUTI-IORIZING THE SUBMITTAL OF A COPY OF THIS
RESOLUTION TO TIlE FLORIDA LEAGI.TE OF CITIES, INC., THE PALM
BEACH COUNTY LEGISLATIVE DELEGATI.ON, AND ALL
MIJlqlCIPAL1TIES IN PALM BEACH COUNTY; PROVDING AN EFFECTIVE-
DATE; AND FOR OTHER PURPOSES.
WHEREAS, thc burden for reclamati°n of misappropriated goods held by a pawnbroker is
now placed on the claimant nndcr Chapter 539, Florida Statutes, to the extent that the claimant must
first petition the ecru1 when disputes between the pawnbroker and the claimant m'ise; and
wI-rEREAS, the claimant may be denied immediate access to his misappropriated goods
under Chapter 539, Florida Statutes, even when claimant has provided evidence of proof of
ownership of the misappropriated goods; and
WHEREAS, Ire mnendments to Sections 539.001(15) and (20) provide that the claimant
may obtain irrmaediate possession of his misappropriated goods subject to a later restitution claim
initiated by the pawnbroker after conveying the property to the claimm~t; and
WHEREAS. the proposed amendment provides that cities may enact mo~,e restrictive
pawnbroking laws than lhose provisions found in Chapter 539, Florida Statutes; and
WI-II!iREAS, the proposed bill by the Legislatuxe of the State of Florida amending Chapter
539. Pawnbrokix~g. creates a more fair and just process for the return of goods to the majoriW of
citizens whose goods have been misappropriated in the County of Palm Beach and throughout the
State of Florida.
FROM: PHONE NO,: Jan 29, 1999 10:58 AM P 4/4
NO'vV, 'I'HfiP,.EFOILE BE IT RESOLVED BY THE PALM BEACH COLrNTY LEAGUE
OF CITIES, INC., THAT;
Section 1. That the PMm Beach CouuW League of Cities, Inc. does hereby endorse passage
of tl~e proposed legislaxion providing for amendments to Sections 539.001 (15) and (20), Florida
,'~tatutc$, relating to claims against parchased and pledged goods and to local regulation of
Pawnbrokers; and urges its membe~ to work for passage of this amendment
Section 2. That copies of this resolution shall be forwarded to The Florida League of Cities
Inc., The Palm Beach County Legislative Delegation, and all Mtmicipalities in Palm Beach Corm ~ty.
Section 3. This Resohxtion shall take effect immediately upon adoption.
PASSED AND ADOPTED this ~,~ 7 ~ day of x-J ~'~ , 199~.
Mo Thornton, Secretao'/Trca-surer
PALM BEACH COUNTY LEAGUE 0._F...C~ITIES, INC.
Richard Radcliffe, Presiden~~-'~
(SEAL)
-2-