§ 10-103. Recordkeeping requirements and prohibitions.  


Latest version.
  • (a)

    In addition to the record keeping requirements contained in section 538.04, Florida Statutes, any person, firm or corporation engaged in business as a pawnbroker, precious metal dealer or secondhand dealer shall maintain records of the following:

    (1)

    All transfers between dealers or pawnbrokers licensed in the County or holding a state sales tax number.

    (2)

    The trade-in of used items in conjunction with the purchase of new goods unless the used item is a firearm, as defined in section 790.001, Florida Statutes.

    (3)

    Any purchase of ten dollars ($10.00) or more. A purchase shall be defined as the cumulative total of all property purchased from one individual in any one day.

    (b)

    The documentation required by this section shall be made available for inspection by any law enforcement officer employed in the county and shall be retained for one year. Such inspection shall be conducted during normal business hours and shall be for the purposes of locating stolen property and identifying any persons who have trafficked in stolen property.

    (c)

    Any person, firm or corporation engaged in business as a pawnbroker, precious metal dealer or secondhand dealer is hereby required to obtain and record identification documentation and a signature identifying any and all persons from whom any article of personal property is purchased or received. In complying and maintaining the register required in subsection (a) above, the dealer or pawnbroker shall take the following precautions to insure the accuracy of the personal identification required and recorded:

    (1)

    The dealer or pawnbroker shall require the seller or pawner of any property, as a condition of purchase or pawn, to sign his name and imprint his thumbprint upon transaction forms approved by the state for these transactions.

    (2)

    The dealer or pawnbroker shall require proof of the identity of a pawner or seller delivering property to the dealer or pawnbroker, and the aforesaid proof of identity shall include the display of a current valid driver's license, voter's identification card, credit card, passport, V.A. card, military I.D., or government issued identification document containing the pawner's or seller's photograph. In the event that the pawner or seller does not possess any form of identification containing a photograph, then the dealer or pawnbroker shall require any two (2) of the aforementioned forms of identification, including any combination thereof. Social Security identification cards shall not be accepted as proof of identity under this section.

    (d)

    It shall be unlawful for any seller or pawner to knowingly give false verification of ownership or give false or altered identification to the person completing the registration certificate or to knowingly sign a false name or to provide any false or altered information required under this article.

    (e)

    Any property obtained by purchase by any of the businesses covered by this article shall be retained in its original condition for the same time as required by state statutes. This holding period shall not apply to a repurchase or redemption by the original seller or pawner.

    (f)

    Within twenty-four (24) hours of the acquisition of any secondhand goods by purchase or pledge as security for a loan, all pawnbrokers, precious metal dealers or secondhand dealers shall make available to the sheriff or the chief of police of the municipality having jurisdiction, or their agents, the register forms used for all transactions, and each form is to be full, legible and complete. All registers and secured areas are to be open for inspection by any law enforcement officer employed in the county. Such inspections shall be conducted during normal business hours and shall be for the purpose of locating stolen property and identifying any persons who have trafficked in stolen property.

    (g)

    Section 10-102 shall not apply to items obtained or received in purchases from estate sales in the county, bank sales, public bid sales, out-of-business sales, sales by governmental bodies, or charitable organizations.

(Ord. No. 91-10, Art. I(§ 3), 3-19-91)