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 […]
539.001 – The Florida Pawnbroking Act.
539.001 The Florida Pawnbroking Act.— (1) SHORT TITLE.—This section may be cited as the “Florida Pawnbroking Act.” (2) DEFINITIONS.—As used in this section, the term: (a) “Agency” means the Department of Agriculture and Consumer Services. (b) “Appropriate law enforcement official” means the sheriff of the county in which a pawnshop is located or, in case of a pawnshop located within […]
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 […]
539.002 – Applicability.
539.002 Applicability.—Chapter 538 does not apply to pawnbrokers licensed under the Florida Pawnbroking Act. This act does not abrogate any provision of chapters 671-680. History.—s. 2, ch. 96-242.
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, […]
539.003 – Confidentiality.
539.003 Confidentiality.—All records relating to pawnbroker transactions delivered to appropriate law enforcement officials pursuant to s. 539.001 are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may be used only for official law enforcement purposes. This section does not prohibit the disclosure by the appropriate […]
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. […]