538.33 – Tendering payment.
538.33 Tendering payment.—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. History.—s. 2, ch. 2009-158; s. 3, […]
538.34 – Inspection of records and premises.
538.34 Inspection of records and premises.—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.
538.35 – Holding period.
538.35 Holding period.— (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 precious metals or jewelry must be maintained […]
538.36 – Acts and practices prohibited; penalties.
538.36 Acts and practices prohibited; penalties.— (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 officer or corporation is […]
538.19 – Records required; limitation of liability.
538.19 Records required; limitation of liability.— (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 official may provide […]
538.37 – Powers and duties of department.
538.37 Powers and duties of department.—The department has the authority provided under s. 538.11. History.—s. 2, ch. 2009-158; s, 3, ch. 2009-162.
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 […]
538.03 – Definitions; applicability.
538.03 Definitions; applicability.— (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 and the sheriff; […]
538.04 – Recordkeeping requirements; penalties.
538.04 Recordkeeping requirements; penalties.— (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 copy […]
538.05 – Inspection of records and premises of secondhand dealers.
538.05 Inspection of records and premises of secondhand dealers.— (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 required records […]