Chapter 538 Secondhand Dealers And Secondary Metals Recyclers
Part I - Secondhand Dealers (ss. 538.03-538.17)
- §538.03 Definitions; applicability.
(1) As used in this part, the term: (a) "Secondhand dealer" means any person, corporation, or other business organization or entity which is not a secondary metals...
- §538.04 Recordkeeping requirements; penalties.
(1) Secondhand dealers shall complete a secondhand dealers transaction form at the time of the actual transaction. A secondhand dealer shall maintain a copy of a...
- §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...
- §538.06 Holding period.
(1) A secondhand dealer shall not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand goods within 15 calendar days of...
- §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...
- §538.08 Stolen goods; petition for return.
(1) If the secondhand dealer contests the identification or ownership of the property, the person alleging ownership of the property may, provided that a timely report...
- §538.09 Registration.
1(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...
- §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...
- §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:...
- §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....
Part II - Secondary Metals Recyclers (ss. 538.18-538.26)
- §538.18 Definitions.
As used in this part, the term: (1) "Ferrous metals" means any metals containing significant quantities of iron or steel. (2) "Fixed location" means any site occupied...
- §538.19 Records required.
(1) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. (2) The following information...
- §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...
- §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...
- §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,...
- §538.23 Violations and penalties.
(1) A secondary metals recycler shall, upon conviction of knowingly and intentionally: (a) Violating s. 538.20 or s. 538.21; (b) Engaging in a pattern of failing to keep...
- §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...
- §538.25 Registration.
(1) No person shall engage in business as a secondary metals recycler at any location without registering with the department. 1(a) A fee equal to the federal...
- §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 between the hours of...
