§ 22-414. Holding period.

(a)

A secondhand goods dealer shall not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand goods within 15 calendar days of the date of acquisition of the goods. Such holding periods are not applicable when the person known by the secondhand goods dealer to be the person from whom the goods were acquired desires to redeem, repurchase, or recover the goods, provided the secondhand goods dealer can produce the record of the original transaction with verification that the customer is the person from whom the goods were originally acquired.

(b)

A secondhand goods dealer must maintain actual physical possession of all secondhand goods throughout a transaction. It is unlawful for a secondhand goods dealer to accept title or any other form of security in secondhand goods in lieu of actual physical possession. A secondhand goods dealer who accepts title or any other form of security in secondhand goods in lieu of actual physical possession commits a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

(c)

Upon probable cause that goods held by a secondhand goods dealer are stolen, a law enforcement officer with jurisdiction may place a 90-day written hold order on the goods. However, the hold may be extended beyond 90 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.

(d)

While a hold order is in effect, the secondhand goods dealer must, upon request, release the property subject to the hold order to the custody of a law enforcement officer with 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 goods dealer's rights or interest in the property. Upon completion of the criminal proceeding, the property must be returned to the secondhand goods dealer unless the court orders other disposition. When such other disposition is ordered, the court shall additionally order the person from whom the secondhand goods dealer acquired the property to pay restitution to the secondhand goods dealer in the amount that the secondhand goods dealer paid for the property together with reasonable attorney's fees and costs.

(Ord. No. 4142-08, § 2, 8-25-2008)