Florida · statute · Fla. Stat. ch. 538 · 28 active provisions
(1) As used in this part, the term:(a) “Acquire” means to obtain by purchase, consignment, or trade.(b) “Appropriate law enforcement official” means the sheriff of the county in which a secondhand dealer is located or, if the secondhand dealer is located within a municipality, both the police chief of the municipality…
(1) A secondhand dealer shall complete a secondhand dealers transaction form at the time of the actual transaction. A secondhand dealer shall maintain a copy of a completed transaction form on the registered premises for at least 1 year after the date of the transaction. However, the secondhand dealer shall maintain a…
(1) The entire registered premises and required records of each secondhand dealer are subject to inspection during regular business hours by any law enforcement officer having jurisdiction.(2) The inspection authorized by subsection (1) shall consist of an examination on the registered premises of the inventory and req…
(1)(a) A secondhand dealer may not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand good:1. That is a precious metal, a gemstone, or jewelry; an antique furnishing, fixture, or decorative object; or an item of art as defined in s. 686.501 within 30 calendar days after the date on…
(1) Except where otherwise provided herein, a person who knowingly violates any provision of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not to exceed $10,000.(2) When the lawful owner recovers stolen property from a secondhand dealer and the person who sol…
(1) If the secondhand dealer contests the identification, ownership, or right of possession of the property, the person alleging ownership or right of possession of the property may, provided that a timely report of the theft of the goods was made to the proper authorities, bring an action for replevin in the county or…
(1) A secondhand dealer shall not engage in the business of purchasing, consigning, or trading secondhand goods from any location without registering with the Department of Revenue. A fee equal to the federal and state costs for processing required fingerprints must be submitted to the department with each application…
The same duties and privileges imposed by chapter 212 upon dealers of tangible personal property respecting the keeping of books and records and accounts and compliance with rules of the department shall apply to and be binding upon all persons who are subject to the provisions of this chapter. The department shall adm…
It is unlawful for a secondhand dealer or any employee thereof to do or allow any of the following acts:(1) Knowingly make a transaction with:(a) Any person who is under the influence of drugs or alcohol when such condition is visible or apparent;(b) Any person under the age of 18 years; or(c) Any person using a name o…
Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this chapter.
As used in this part, the term:(1) “Appropriate law enforcement official” means the sheriff of the county in which a secondary metals recycler is located or, if the secondary metals recycler is located within a municipality, the police chief of the municipality in which the secondary metals recycler is located; however…
(1) A secondary metals recycler shall maintain a legible paper record of all purchase transactions to which such secondary metals recycler is a party. A secondary metals recycler shall also maintain a legible electronic record, in the English language, of all such purchase transactions. The appropriate law enforcement…
During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying herself or himself as a law enforcement officer, have the right to inspect:(1) Any and all purchased regulated metals property in the possession of the secondary metals recycler, and…
(1) Whenever a law enforcement officer has reasonable cause to believe that certain items of regulated metals property in the possession of a secondary metals recycler have been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler.(a) The hold notice shall be in writing, shall be…
This part shall not apply to purchases of regulated metals property from:(1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations, or from any nonprofit corporation or associ…
(1)(a) Except as provided in paragraph (b), a secondary metals recycler who knowingly and intentionally:1. Violates s. 538.20 or s. 538.21;2. Engages in a pattern of failing to keep records required by s. 538.19;3. Violates s. 538.26(2); or4. Violates s. 538.235,commits a felony of the third degree, punishable as provi…
(1) A secondary metals recycler may not enter into any cash transaction:(a) In excess of $1,000 for the purchase of regulated metals property; or(b) In any amount for the purchase of restricted regulated metals property.(2) Payment in excess of $1,000 for the purchase of regulated metals property shall be made by check…
(1) If the secondary metals recycler contests the identification or ownership of the regulated metals property, the party other than the secondary metals recycler claiming ownership of any stolen goods in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated meta…
(1) A person may not engage in business as a secondary metals recycler at any location without registering with the department. The department shall accept applications only from a fixed business address. The department may not accept an application that provides an address of a hotel room or motel room, a vehicle, or…
It is unlawful for a secondary metals recycler to do or allow any of the following acts:(1) Purchase regulated metals property, restricted regulated metals property, or ferrous metals before 7 a.m. or after 7 p.m.(2) Purchase regulated metals property, restricted regulated metals property, or ferrous metals from any se…
(1) The regulation of purchase transactions involving regulated metals property is preempted to the state. Except as provided in subsection (2), an ordinance or regulation adopted by a county or municipality relating to the purchase or sale of regulated metals property or the registration or licensure of secondary meta…
(1) As used in this part, the term:(a) “Department” means the Department of Revenue.(b) “Jewelry” means a personal ornament that contains precious metals and may contain gemstones.(c) “Mail-in secondhand precious metals dealer” means any person or entity that:1. Conducts business within this state and that contracts wi…
(1) A mail-in secondhand precious metals dealer may not conduct business under this part without registering with the department and complying with all registration regulations as set forth in s. 538.09.(2) A mail-in secondhand precious metals dealer may not remit payment to a seller unless the seller has provided the…
Any payment by the mail-in secondhand precious metals dealer resulting from the sale, purchase, consignment, or trade of precious metals must be made to the person or entity by check to a lawful bank account or via a money services business licensed under part II of chapter 560.
The dealer must allow a law enforcement agency to inspect its business records, inventory, and premises during normal business hours to ensure compliance with this part.