538.20 – Inspection of regulated metals property and records.
538.20 Inspection of regulated metals property and records.—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 […]
538.21 – Hold notice.
538.21 Hold notice.— (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 delivered to […]
538.22 – Exemptions.
538.22 Exemptions.—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 association; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, […]
538.23 – Violations and penalties.
538.23 Violations and penalties.— (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); or 4. Violates s. 538.235, commits a felony of the third degree, punishable as provided in s. […]
538.235 – Method of payment.
538.235 Method of payment.— (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 issued […]
538.24 – Stolen regulated metals property; petition for return.
538.24 Stolen regulated metals property; petition for return.— (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 […]
538.25 – Registration.
538.25 Registration.— (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 a post […]
538.26 – Certain acts and practices prohibited.
538.26 Certain acts and practices prohibited.—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 seller who presents […]
538.28 – Local government regulation.
538.28 Local government regulation.— (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 metals recyclers is void. (2) This […]
538.31 – Definitions; applicability.
538.31 Definitions; applicability.— (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 with other persons or entities to buy precious […]