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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: October 19, 2022  Amends - GO 6.2.16 ( November 13, 2018 ) Number: 6.2.16 Distribution: All Personnel Review Month: February Reviewing Authority: CID / General Assignment Subject: Pawnbrokers /Secondary Metals Recyclers/Secondhand -Precious Metals Dealers This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to delineate guidelines for handling cases involving the transactions of pawnbrokers, secondary metals recyclers and secondhand precious metals dealers . 2. Policy It is the policy of this agency that all employees adhere to appl icable law, including Section FS 539.003 , the "Florida Pawnbrokers Act," FS 538 “Secondhand Dealers and Secondary Metals Recyclers” and Orange County Ordinance No. 2010 -16, “Secondary Metals Recyclers,” in investigating cases that involve pawnbroker transactions. 3. Definitions A. Appropriate Law Enforcement O fficial - the Sheriff of the county in which a pawnshop is located , or in case of a pawnshop located within a municipality, the Police Chief of the municipality in which the pawnshop is located; however, any Sheriff or Police Chief may designate as the app ropriate law enforcement official for the county or municipality, as applicable, any law enforcement officer working within the county or municipality headed by that Sheriff or Police Chief. Nothing in this subsection limits the power and responsibilities of the Sheriff. B. Claimant - a person who claims that his or her property was misappropriated. C. Conveying Customer - a person who delivers property into the custody of a pawnbroker, either by pawn, sale, consignment, or trade. D. Default Date - that date upo n which the pledgor's right of redemption expires and absolute right, title, and interest in and to the pledged goods shall vest in and shall be deemed conveyed to the pawnbroker by operation of law. E. Ferrous Metals - any metals containing significant qua ntities of iron or steel. F. Misappropriated - stolen, embezzled, converted, or otherwise wrongfully appropriated against the will of the rightful owner. 6.2.16, Page 2 of 9 G. Nonferrous Metals – metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel and alloys thereof, excluding precious metals subj ect to regulation under FS 538 Part 1 . H. Pawn - any advancement of funds on the security of pledged goods o n condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions as established by Florida Statute. I. Pawnbroker - any person who is engaged in the b usiness of making pawns; who makes a public display containing the term "pawn," "pawnbroker," "pawnshop" or any derivative thereof; who publicly displays a sign or symbol historically identified with pawns. A pawnbroker may also engage in the business of p urchasing goods which includes consignment and trade. J. Pawnbroker Transaction Form - the instrument on which a pawnbroker records pawns and purchases as provided in FS 539. K. Pawnshop - the location at which a pawnbroker conducts business. L. PawnWeb – web based software which allows for the electronic transfer of pawn transactions, secondhand dealers transactions, and metals recyclers’ tra nsactions to an agency server. Users generate pawnbroker transaction forms using the software which are then main tained at their business consistent with FS 539. M. Pledged Goods - tangible per sonal 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 intangible property in lieu of actual physical possess ion, including, but not limited to, cho ices in action, securities, printed evidence of indebtedness, or certificates of title and other instruments evidencing title to separate items of property, including motor vehicles. For purposes of federal and state bankruptcy laws, a pledgor's interest in his or her pledged goods during the pendency of a pawn is a right of redemption only. N. Pledgor - an individual who delivers pledged goods into the possession of a pawnbroker in connection with a pawn. O. Precious Metals - any item containing any gold, silver or platinum or any combination thereof, excluding any chemical or any automotive, photographic, electrical, medical or dental materials, or electronic parts. P. Precious Metals Dealer - a secondhand dealer who no rmally or 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. 6.2.16, Page 3 of 9 Q. Purchase - the transfer and delivery of goods, by a person other than a permitted vendor, to a pawnbroker , secondhand dealer or secondary metals recycler by acquisition for value, consignment, or trade for other goods. R. Regulated metals property - any item composed primarily of any nonferrous metals, but will not