Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

(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 …

(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…

(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 …

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 o…

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 1…

Nothing in this chapter shall preclude political subdivisions of the state and municipalities from enacting laws more restrictive than the provisions of this chapter.History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429.

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 secon…

(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 transa…

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 possessi…

(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 h…

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 …

(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 …

(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) Any cash payment made to a seller under this section sha…

(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 r…

(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 …

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…

(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 reg…

(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…

(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 se…

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.H…

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.History.—s. 2, ch. 2009-158; s. 3, ch. 2009-162.

(1) The dealer may not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any goods purchased from a seller within 10 calendar days after the date payment is issued for acquisition of the goods.(2) Records of the sale, purchase, consignment, or trade of prec…

(1) Any dealer not registered with the department as a mail-in secondhand precious metals dealer, or who fails to comply with this part, commits a felony of the third degree for each completed transaction, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If an off…

The department has the authority provided under s. 538.11.History.—s. 2, ch. 2009-158; s, 3, ch. 2009-162.