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 […]
538.32 – Registration, transaction, and recordkeeping requirements; penalties.
538.32 Registration, transaction, and recordkeeping requirements; penalties.— (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 […]
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 […]
538.03 – 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 […]