Mission Statement

The mission of the Pawn Unit is to provide law enforcement officers with information relating to pawnbroker transactions.

Responsibilities

Pawn Unit involves the retrieval and processing of pawnbroker transactions, ensures statute compliance by pawnbrokers, assists in the recovery of stolen or misappropriated property, and effect arrests of perpetrators.

General Information

The most significant improvement in the unit is the implementation of electronic data transfer of pawnbroker transactions. All Charlotte County pawnshops report their transactions daily by diskette submission or by the Internet, which has completely eliminated data entry at law enforcement level.

All records relating to pawnbroker transactions delivered to appropriate law enforcement officials pursuant to s. 539.001 are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may be used only for official law enforcement purposes.

If you are a victim of a theft and your property has been located in a pawnshop, what are your rights?

Florida Courts have ruled that police may no longer recover stolen property from pawnshops, and return it to a victim of crime without providing the broker, an opportunity of a hearing.

If your stolen property is found in a pawnshop you may decide to purchase it back or obtain a court order to recover the property.

The Florida Pawnbroking Act, further states:

If you and the pawnbroker do not resolve the matter within 10 days after the pawnbroker's receipt of the notice, the victim may petition the court to order the return of the property, naming the pawnbroker and the conveying customer as a defendant. The pawnbroker is required to hold the property, until the right to possession is resolved by the parties or by the court

To obtain possession of stolen property held by a pawnbroker, the victim must notify the broker by certified mail, return receipt requested, or in person, using a signed notice. You may use the below sample claim notice form. The notice must contain a description of the property and must be accompanied by a copy of the law enforcement agency's report of the theft

If you reported the crime to the Charlotte County Sheriff's Office you may obtain a copy of the report at minimal cost from our Records Section.

Charlotte County Sheriffs Office
Records Section
7474 Utilities Road
Punta Gorda, Florida 33982
Phone: 941-639-2101

Hours of Operation
Monday - Friday
8:00 a. m. - 5:00 p. m.

In order to obtain a court order to recover your property, you will need to file a petition for return of the property with the Clerk of the County Court. It is recommended that you seek legal assistance to file the petition.

To obtain a court order contact:
Clerk of the Court
Charlotte County Court House
Punta Gorda, Florida 33982
Phone: 941-639-3111

If, after a hearing, the court orders the return of the property to the claimant:

1. The claimant may recover from the conveying customer the claimant's attorney's fees;
2. The conveying customer must repay the pawnbroker the full amount the customer received from the pawnbroker for the property.
3. The conveying customer must pay the pawnbrokers cost incurred in the proceeding, including the broker's attorney's fees.

If the court finds that the claimant failed to comply with the requirements of the statute, or otherwise finds against the claimant, the claimant, is liable for the defendant's costs, including attorney's fees.

If the claimant and the pawnbroker do not resolve the matter within 10 days after the receipt of this notice, the claimant may petition the court to order the return of the property.

SAMPLE NOTICE CLAIM FORM

The undersigned hereby notifies the Florida Pawnbroker who has possession of the described property, and that the property has been reported stolen to a police agency and the undersigned is requesting the property be surrendered to this claimant.

Property:

Pawnbroker:

Location of pawnshop:

Claimant / Victim:

Date: