§ 12-85. Holding period.

(a)

A pawnbroker shall comply with the holding requirements set forth in F.S. § 539.001(9).

(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 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 90 days. The law enforcement officer must make the hold order, and the secondhand dealer must act, in compliance with the provisions of F.S. § 538.06(3). However, the holding period may be extended beyond 90 calendar days by a court of competent jurisdiction upon a finding of probable cause that the property is stolen and further holding is 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.

(4)

All dealers in secondhand property regulated by this article shall maintain transaction records for five years.

(c)

Subject to the requirements of F.S. ch. 537 and the restrictions in F.S. § 538.15, a secondhand dealer may engage in a title loan transaction, and the physical possession requirements of subsection (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 F.S. § 538.16. Any sale or disposal of the motor vehicle shall be made through a motor vehicle dealer licensed under F.S. § 320.27.

(5)

No charges other than those charges permitted in F.S. § 537.011 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.

(Code 1982, § 1-15.5-7; Ord. No. 11-010, pt. B, 6-7-2011)