R99-017RESOLUTION 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 POLITICAL 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 SUBM1Ti'AL 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
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
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
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 'rT RESOLVED BY THE CI'TY COMMI'SSTON OF
THE CI'TY OF BOYNTON BEACH, FLORTDA THAT:
Section :[. 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 :[nc., The Palm Beach County Legislative Delegation, and all
Municipalities in Palm Beach County.
Section 3. That this Resolution shall become effective immediately upon
passage.
II
PASSED AND ADOPTED this
day of ~~,~y ,1999.
C]'I'Y OF BOYNTON BEACH, FLORIDA
A'Fi'EST:
Mayor
~Vice May. or//./
~:~r~Pro Te
Com~o3~
Commissioner
Clerk
s:ca~Re~LegislaUve A~o~s/Pa~ Shop Legislation Reso
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