NEW SMYRNA BEACH POLICE DEPARTMENT NEW SMYRNA BEACH, FLORIDA POLICY AND PROCEDURE DIRECTIVE

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1 Policy and Procedure TITLE: NUMBER: Property Recovery EFFECTIVE: July 25, 2012 NEW SMYRNA BEACH POLICE DEPARTMENT NEW SMYRNA BEACH, FLORIDA POLICY AND PROCEDURE DIRECTIVE REFERENCE: FSS 538 Secondhand Dealers (ss ) FSS 538 Secondary Metals Recyclers (ss ) FSS 539 Florida Pawnbrokers Act CFA STANDARD: None RESCINDS: DATE FOR REVIEW: Annually REVIEWED BY: Staff DATE REVISED: 6/14/12 PURPOSE... 1 DISCUSSION... 1 POLICY... 2 DEFINITIONS... 2 RECORDS REQUIREMENTS / TRANSACTION FORMS... 3 DEALER/BROKER PROCEDURE FOR MAINTAINING PROPERTY... 3 HOLD ORDER ISSUANCE... 4 INSPECTION PROCEDURES... 4 CITING VIOLATIONS... 5 Attachment A: Hold Order Attachment B: Affidavit Attachment C: Affidavit of Property Owner Attachment D: Receipt for Property Release Attachment E: Notice of Merchant Violation PURPOSE The purpose of this directive is to delineate guidelines for investigations and inspections related to pawnbrokers, secondhand dealers, and secondary metals recyclers. DISCUSSION Successful investigation and prosecution relies on proper governing of pawnshops, secondhand dealers, and secondary metals recyclers. The New Smyrna Beach Police Department developed a pro-active approach to governing such businesses through the formation of specialized investigators within the Criminal Investigations Division. The investigators shall conduct inspections related to pawnshops, secondhand dealers, and (if warranted) secondary metal recycling businesses within the City of New Smyrna Beach as part of its regular duties. The duties of the investigators shall include daily/weekly reviews of pawn transactions and routine inspections. In doing so, the investigators shall ensure that all shops are in compliance with state and local laws, or cite them appropriately if they are found to be in violation. This directive is designed to provide an overview of Florida s pawnbroking and secondhand dealer laws, with special emphasis on the provisions addressing the proper procedures for the recovery of stolen property and the return of such property to the rightful owner. Property Recovery Page 1 of 5

2 Policy and Procedure POLICY It is the policy of the New Smyrna Beach Police Department to recover stolen property and assist in the prosecution of offenders through the enforcement of state statutes which govern pawnbrokers, secondhand dealers, and secondary metals recyclers. Furthermore, all members shall adhere to the applicable law in Florida State Statute 538 Secondhand Dealers and Secondary Metals Recyclers; Mail-In Secondhand Dealers and Precious Metals Dealers ; and Florida State Statute Florida Pawnbrokers Act, when investigating cases that involve such entities. DEFINITIONS DEPARTMENT: Refers to the New Smyrna Beach Police Department. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (DOACS): Refers to the State agency that governs pawnbrokers, and issues the appropriate licenses. A person may not engage in business as a pawnbroker unless the person has a valid license issued by the DOACS. A separate license is required for each pawnshop. DEPARTMENT OF REVENUE (DOR): Refers to the State agency that governs Secondhand Dealers and Secondary Metals Recyclers, and issues the appropriate licenses. A person may not engage in business as a secondhand dealer or a secondary metals recycler unless the person has a valid license issued by the DOR. FERROUS METALS: Any metals containing significant quantities of iron or steel. MEMBER: A law enforcement officer employed by the New Smyrna Beach Police Department. MERCHANT: Refers to pawnbrokers, secondhand dealers, and secondary metals recyclers, interchangeably, solely for this directive. NONFERROUS METALS: Metals not containing significant quantities of iron or steel. (For example: copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals.) PAWN: Any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn (goods may be redeemed by the seller before the end of that time period). PAWNBROKER: Any person who is engaged in the business of making pawns; who makes a public display containing the term pawn, pawnbroker, or pawnshop or any derivative thereof; or who publicly displays a sign or symbol historically identified with pawns. A pawnbroker may also engage in the business of purchasing goods which includes consignment and trade. PLEDGED GOODS: Tangible personal property that is deposited with, or otherwise delivered into the possession of a pawnbroker in connection with a pawn. Pledged goods does not include titles or any other form of written security in tangible property in lieu of actual physical possession. PRECIOUS METALS: Any item containing gold, silver, or platinum, or any combination thereof. (Excludes any chemical, automotive, photographic, electrical, medical / dental materials or electronic parts.) PRECIOUS METALS DEALER: A Secondhand Dealer who regularly engages in the business of buying used precious metals for resale. The term does not include those persons involved in the bulk sale of precious metals from one secondhand or precious metals dealer to another. PREMISES / REGISTERED PREMISES: The address listed on the merchant s license, where the merchant is legally registered to conduct business. This can refer to a Pawn Shop or a Secondhand Store. REGULATED METALS PROPERTY: Any item composed primarily of any nonferrous metals. (Includes: stainless steel beer kegs; But not aluminum beverage containers or similar items). RIGHTFUL OWNER: The lawful owner or documented victim in a case. SECONDARY METALS RECYCLER: Any person who is engaged, from a fixed location or otherwise, in the business of gathering or obtaining ferrous or nonferrous metals that served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products. Property Recovery Page 2 of 5

3 Policy and Procedure SECONDHAND DEALER: Any person, corporation, or other business organization or entity which is not a secondary metals recycler and engaged in the business of purchasing, consigning, or trading secondhand goods. SECONDHAND GOODS: Previously owned personal property, which is not a regulated metals property and is purchased, consigned, or traded as used property. Secondhand goods does not include office furniture, pianos/organs, books, clothing, motor vehicles, costume jewelry, cardio/strength training/conditioning equipment designed primarily for indoor use, and secondhand sports equipment that is not permanently labeled with a serial number. (For example, golf clubs are not secondhand sports equipment, because they are labeled with a serial number). SELLER: An individual who delivers pledged goods into the possession of a merchant in connection with a transaction. (Referred to as pledgor in FSS). TRANSACTION: Any purchase, consignment, or trade of secondhand goods by a secondhand dealer; Also used when referencing pawn transactions. (NOTE: A secondhand dealer can only buy property outright, whereas a pawnbroker can loan on an item.) TRANSACTION FORM: transactions. The instrument on which a merchant records pawns, purchases, and other RECORDS REQUIREMENTS/ TRANSACTION FORMS Florida requires all transaction forms to be submitted within 24 hours to the respective County agency by pawnshops and secondhand dealers (merchants). In Volusia County, it is the Volusia County Sheriff s Office (VCSO). VCSO requires all transaction forms to be uploaded electronically to the Volusia County Pawn Database via the following website: under Law Enforcement links, choose Volusia County Sheriff s Office CJNet Site. Per FSS , secondhand metal recyclers are required to complete and maintain transaction forms, but not required to upload them to the VCSO Pawn Database. If a violation of this section is discovered, the member should notify the VCSO Information Services, and refer the merchant to them as well to set up an electronic account The member may, for the purpose of a criminal investigation, request that a merchant produce an original of a transaction form that has been electronically entered. The merchant shall relinquish the form upon request within a 24 hour period. A transaction form is completed at the time of the transaction. A copy of the transaction form must remain on the registered premises for at least 1 year, and must be maintained for no less than 3 years. If a violation of this section is discovered, the member should document the violation in a department incident report. Also, the merchant should be given a Notice of Merchant Violation department form documenting the lack of a transaction form The transaction form used must be approved by the Florida Department of Law Enforcement, and shall contain all the required information listed in the FSS 538 and 539 recordkeeping subsections (such as descriptions of the property, and the personal description of the seller). Any inconsistency or omission on the transaction form shall be noted in the Notice of Merchant Violation department form, as well as a department incident report. DEALER/BROKER PROCEDURE FOR MAINTAINING PROPERTY Pawnbrokers are required to store and maintain pledged goods in an unaltered condition, for a period no less than 30 days. Secondhand Dealers are required to store and maintain secondhand goods in an unaltered condition, for a period no less than 15 days. In the event of a violation, the member shall document the violation on the Notice of Merchant Violation department form and in a department incident report. Property Recovery Page 3 of 5

4 Policy and Procedure HOLD ORDER ISSUANCE When a member has probable cause to believe that property in the possession of a merchant is stolen, the member should place a Hold Order (Attachment A) on the property as soon as possible, to prevent the disposal of the property through legal or other means. A Hold Order imposes a holding period not to exceed 90 days, without a court order. A member may place only one Hold Order per piece of property. Hold Orders for Secondary Metal Recyclers are limited to 15 days. However, a subsequent Hold Order can be placed on the item for a period not to exceed 45 days A Hold Order does not allow the property to be seized, but is merely held by the merchant until the property can be positively identified by the rightful owner and returned to them A statement Affidavit (Attachment B) should be obtained from both the merchant and the rightful owner, detailing the identification process of the property, including the cost bore by both parties throughout the transactions The member should obtain a copy of the transaction form for recordkeeping purposes and submit it along with the department incident or supplemental report. This is essential because the form contains a thumbprint that can be submitted for analysis and used later in trial The member shall take photographs of the recovered property and enter said photographs into evidence. (Refer to Training Bulletin , or the Photographed Evidence Release department form.) The member shall collect an Affidavit of Property Owner form (Attachment C) from the victim or have the victim complete a statement affidavit in which the victim positively identifies the article(s) to be his/her stolen property. In some instances, the business owner may wish to assume the role of the victim; if so, a Receipt for Property Release form (Attachment D) shall be collected from the business representative by the member. INSPECTION PROCEDURES Any inspection of a merchant s premises shall be conducted during regular business hours, and at no time be conducted in such a manner that would adversely affect the normal operation of the business or intentionally intimidate employees on the premises. At all times, the business owners and employees shall be treated professionally pursuant to department policy The inspection shall consist of an examination of the merchant s inventory and the records maintained on the premises. This is to ensure that the records and inventory are being maintained as required by FSS 538 and 539. This also ensures the appropriate holding periods are being adhered to The investigators will maintain the Business Information Sheets of all the pawnbrokers, secondhand dealers, and secondary metals recyclers within the City of New Smyrna Beach For each inspection, an incident report will be completed. Any and all original inspection forms and documented violations will be submitted into records (New Smyrna Beach Police Department Records Division) Any member suspecting criminal activity of a merchant shall not initiate an investigation without the consent of the Investigative Division Commanding Officer. This does not include the procedure for Hold Orders / recovering property in an investigation for an active case Dress during an inspection should consist of casual business attire or a Class A, B, or C uniform. This clothing gives a professional appearance to the members involved and avoids the appearance of intimidation or a SWAT raid. Property Recovery Page 4 of 5

5 Policy and Procedure CITING VIOLATIONS During a pawn inspection, New Smyrna Beach Police Department Inspection worksheets should be utilized, and if a violation is found, a Notice of Merchant Violation should be utilized. (Attachment E) If a merchant is cited with a violation, a completed and signed copy of the Notice of Merchant Violation department form will be left with the merchant, while the original is submitted into records In the event of a violation, the member should utilize officer discretion when determining which criminal sanction will take place: written warning, notice to appear, complaint affidavit or a physical arrest. 03/24/10; nd/js 03/24/10; 10/27/11 nd/wad; 7/1/12 nd/dl Approved: Chief Ronald P. Pagano Date: 7/25/2012 Written Directive Property Recovery Property Recovery Page 5 of 5

6 New Smyrna Beach Police Department Chief Ronald P. Pagano HOLD ORDER DATE CASE NUMBER PROPERTY OWNER PAWNBROKER MAILING ADDRESS PROPERTY PROPERTY PROPERTY PROPERTY PROPERTY PROPERTY PROPERTY HOLD ORDER EXPIRES You are hereby notified that the New Smyrna Beach Police Department has probable cause to believe that the property listed above, which is presently in your possession, is stolen, embezzled, converted or otherwise wrongfully appropriated against the will of the rightful owner. Pursuant to Fla. Statutes Chapter 539, this notice shall serve as a written hold order on said property for a period not to exceed ninety (90) days unless extended by a court order. No person shall alter, destroy, conceal or remove said property to impair its availability to the New Smyrna Beach Police Department during the specified period. Signature Pawnbroker s Representative Date Signature Reporting Officer ID 246 Industrial Park Avenue, New Smyrna Beach, FL Phone: (386) Fax: (386) Attachment A

7 AFFIDAVIT State of Florida County of Volusia City of New Smyrna Beach Statement of Pawnbroker/ Second-Hand Dealer Before me this day personally appeared Second-Hand Dealer who, being duly sworn, deposes and says that on the day of, 20, at A.M. P.M., the below listed customer sold pawned, the below listed article(s) to this dealer. A Second-Hand Dealer s Property Form, number was completed. The customer Did Did Not, place their thumbprint on the Second-Hand Dealer s Property Form. The Customer Did Did Not, produce an identification card with photograph that matched the Customer, which did not appear to be altered. The customer was paid $ for the property. Customer s Name: Sex: Race: Date of Birth: Driver License: Social Security: Address: Article(s) Comments: I, the above listed Second-Hand Dealer, Do Do Not contest the identification or Ownership of the above listed property. I swear or affirm that the aforementioned is true and correct to the best of my knowledge. Sworn to and subscribed before me this day of 20 Notary Public or Law Enforcement Officer Signature of Affiant New Smyrna Beach Police Department 246 Industrial Park Av., New Smyrna Beach, FL (386) Attachment B

8 New Smyrna Beach Police Department Property Recovery Unit Affidavit of Property Owner State of Florida County of Volusia Case Number Before me, on this date, personally appeared, who, being duly sworn, deposes and says that on, I have inspected the below listed property and positively identified the article(s) to be my property that was removed without my permission from my residence/business. The listed property was reported stolen on to the, and issued case number. I did not give anyone permission to sell my listed property and I do wish to prosecute all person(s) found to be responsible. ARTICLE(S): I swear or affirm that the aforementioned is true and correct to the best of my knowledge. Sworn and subscribed to me the undersigned authority this day of, 20. Signature of Affiant Printed Name of Affiant Law Enforcement Officer Signature Attachment C

9 New Smyrna Beach Police Department Property Recovery Unit Receipt for Property Release Case Number: Date: I, (Business Representative) of (Business Name) hereby release the below listed property to its rightful/lawful owner without charge. In doing so, the rightful/lawful owner agrees to actively participate in the prosecution of the individual that signed the Pawnbroker / Second Hand Dealer transaction form #, on the day of, 20. In releasing the property listed, (Business) is entitled to compensation/restitution as a victim, for the monetary loss it incurred as a result of this transaction. Business Representative Signature Law Enforcement Officer Signature Released To: Date: Address: City: State: Zip: Phone Number: DOB: Signature of legal owner/person taking possession: Investigator: Agency: Date: Attachment D

10 New Smyrna Beach Police Department Property Recovery 1400 North Dixie Freeway, New Smyrna Beach, Florida (386) Fax: (386) ~~~~~~~~ NOTICE OF MERCHANT VIOLATION Pawnbrokers/Secondhand Dealers Business Name: This notice serves as a written warning of probable cause to believe you have violated provisions of Florida State Statute, Chapter or 538. You are hereby notified to take corrective action immediately or you will be subject to any remedy prescribed by law, including but not limited to prosecution and/or civil fines up to $5,000. No transaction form The listed transaction(s) is/are in violation, due to the following reason(s): Date and/or time of transaction is missing or illegible Writing on form is illegible Customer is under 18 years of age Information on the form is incomplete for the following reason(s): Customer s name is missing or incomplete Customer s date of birth is missing Customer s residence/employment data is missing or incomplete Customer s physical description is incomplete, missing or incorrect Customer s signature is missing No identification/driver s license noted or improper identification used Item brand /type /model is missing or incorrect Item serial number is missing or incorrect Item description is inadequate or illegible Other Please Note: Entering into pawn transactions involving firearms without filing the appropriate 7743 forms is a violation of Federal Law. This will be your only warning pursuant to my conversation with ATF Agents. You must obtain a FFL to conduct any future gun transactions. Please Note: Proper record keeping should take place at the time of each transaction. The New Smyrna Beach Police Department maintains a record of these violations to assist in future law enforcement measures. This information may be forwarded to the Department of Revenue and/or the Office of the State Attorney. Further violations may result in the initiation of criminal charges or civil fines. Please take the necessary steps to ensure future compliance. Investigator: Unit: Received by: Date: 3/16/2010 N.D. Attachment E