538.15 – Certain acts and practices prohibited.
538.15 Certain acts and practices prohibited.—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; […]
538.17 – Local regulation of secondhand dealers.
538.17 Local regulation of secondhand dealers.—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.
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 […]
538.06 – Holding period.
538.06 Holding period.— (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 […]
538.07 – Penalty for violation of chapter.
538.07 Penalty for violation of chapter.— (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 […]
538.08 – Stolen goods; complaint for return.
538.08 Stolen goods; complaint for return.— (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 […]
538.09 – Registration.
538.09 Registration.— (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 for registration. One application is required […]
538.11 – Powers and duties of department; rules.
538.11 Powers and duties of department; rules.—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 […]