Title: Secondhand Dealers

Summary: Requires law enforcement officer with jurisdiction to place specified written hold order on certain goods.

Full Text:
An act relating to secondhand dealers; amending s. 538.06, F.S.; requiring a law enforcement officer with jurisdiction to place a specified written hold order on certain goods; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 538.06, Florida Statutes, is amended, and subsection (4) of that section is republished, to read: 538.06 Holding period.-(3) Upon probable cause that goods held by a secondhand dealer are stolen, a law enforcement officer with jurisdiction shall may place a-day written hold order on the goods subject to the court's disposition under subsection (4).However, the hold may be extended beyond 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) While a hold order is in effect, the secondhand dealer must, upon request, releas ethe property subject to the hold order to the custody of a law enforcement officer with HB 1047 2015 jurisdiction for use in a criminal investigation. The release of the property to the custody of the law enforcement officer is not considered a waiver or release of the secondhand dealer's rights or interest in the property. Upon completion of the criminal proceeding, the property must be returned to the secondhand dealer unless the court orders other disposition. When such other disposition is ordered, the court shall additionally order the person from whom the secondhand dealer acquired the property to pay restitution to the secondhand dealer in the amount that the secondhand dealer paid for the property together with reasonable attorney's fees and costs. Section.This act shall take effect July 1, 2015.