Florida Statute 538.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 538
SECONDHAND DEALERS AND SECONDARY METALS RECYCLERS

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F.S. 538.03

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; however, the sheriff or police chief may designate as the appropriate law enforcement official for that county or municipality, as applicable, any law enforcement officer working within that respective county or municipality. This paragraph does not limit the authority or duties of the sheriff.

(c) “Automated kiosk” means an interactive device that is permanently installed within a secure retail space and that has the following technological functions:

1. Remotely monitored by a live representative during all business operating hours;

2. Verification of a seller’s identity by government-issued photographic identification card;

3. Automated reading and recording of item serial numbers;

4. Ability to compare item serial numbers against databases of stolen items;

5. Secure storage of goods accepted by the kiosk; and

6. Capture and storage of images during the transaction.

(d) “Consignment shop” means a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.

(e) “Department” means the Department of Revenue.

(f) “Precious metals” means any item containing any gold, silver, or platinum, or any combination thereof, excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts.

(g) “Precious metals dealer” means a secondhand dealer who normally or regularly engages in the business of buying used precious metals for resale. The term does not include those persons involved in the bulk sale of precious metals from one secondhand or precious metals dealer to another.

(h) “Secondhand dealer” means any person, corporation, or other business organization or entity which is not a secondary metals recycler subject to part II and which is engaged in the business of purchasing, consigning, or trading secondhand goods. The term includes any secondhand dealer engaged in the business of purchasing secondhand goods by means of an automated kiosk.

(i) “Secondhand goods” means personal property previously owned or used which is not regulated metals property regulated under part II and which is purchased, consigned, or traded as used property. The term includes gift certificates and credit memos as defined in s. 501.95 which are purchased, consigned, or traded by a secondhand dealer. The term does not include office furniture; pianos; books; clothing; organs; coins; motor vehicles; costume jewelry; gold, silver, platinum, palladium, or rhodium bullion that has been assayed and is properly marked as to its weight and fineness; cardio and strength training or conditioning equipment designed primarily for indoor use; and secondhand sports equipment that is not permanently labeled with a serial number. As used in this paragraph, the term “secondhand sports equipment” does not include golf clubs.

(j) “Secondhand store” means the place or premises at which a secondhand dealer is registered to conduct business as a secondhand dealer or conducts business.

(k) “Transaction” means any purchase, consignment, or trade of secondhand goods by a secondhand dealer.

(2) This chapter does not apply to:

(a) Any secondhand goods transaction involving an organization or entity registered with the state as a nonprofit, religious, or charitable organization or any school-sponsored association or organization other than a secondary metals recycler subject to the provisions of part II.

(b) A law enforcement officer acting in an official capacity.

(c) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondhand dealer.

(d) Any public official acting under judicial process or authority who has presented proof of such status to the secondhand dealer.

(e) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondhand dealer.

(f) Any garage sale operator who holds garage sales less than 10 weekends per year.

(g) Any person at antique, coin, or collectible shows or sales.

(h) Any person who sells household personal property as an agent for the property owner or the property owner’s representative pursuant to a written agreement at that person’s residence.

(i) The purchase, consignment, or trade of secondhand goods from one secondhand dealer to another secondhand dealer when the selling secondhand dealer has complied with the requirements of this chapter.

(j) Any person accepting a secondhand good as a trade-in for a similar item of greater value.

(k) Any auction business as defined in s. 468.382 operating as an auction business in the buying and selling of estates, business inventory, surplus merchandise, or business liquidations.

(l) Any business that is registered with the Department of Revenue for sales tax purposes as an antique dealer pursuant to chapter 212 and that purchases secondhand goods from the property owner or her or his representative at the property owner’s residence pursuant to a written agreement that states the name, address, and telephone number of the property owner and the type of property purchased.

(m) A business that contracts with other persons or entities to offer its secondhand goods for sale, purchase, consignment, or trade via an Internet website, and that maintains a shop, store, or other business premises for this purpose, if all of the following apply:

1. The secondhand goods must be available on the website for viewing by the public at no charge;

2. The records of the sale, purchase, consignment, or trade must be maintained for at least 2 years;

3. The records of the sale, purchase, consignment, or trade, and the description of the secondhand goods as listed on the website, must contain the serial number of each item, if any;

4. The secondhand goods listed on the website must be searchable based upon the state or zip code;

5. The business must provide the appropriate law enforcement official with the name or names under which it conducts business on the website;

6. The business must allow the appropriate law enforcement official to inspect its business premises at any time during normal business hours;

7. Any payment by the business resulting from such a sale, purchase, consignment, or trade must be made to the person or entity with whom the business contracted to offer the goods and must be made by check or via a money services business licensed under part II of chapter 560; and

8.a. At least 48 hours after the estimated time of contracting to offer the secondhand goods, the business must verify that any item having a serial number is not stolen property by entering the serial number of the item into the Department of Law Enforcement’s stolen article database located at the Florida Crime Information Center’s public access system website. The business shall record the date and time of such verification on the contract covering the goods. If such verification reveals that an item is stolen property, the business shall immediately remove the item from any website on which it is being offered and notify the appropriate law enforcement official; or

b. The business must provide the appropriate law enforcement official with an electronic copy of the name, address, phone number, driver license number, and issuing state of the person with whom the business contracted to offer the goods, as well as an accurate description of the goods, including make, model, serial number, and any other unique identifying marks, numbers, names, or letters that may be on an item, in a format agreed upon by the business and the appropriate law enforcement official. This information must be provided to the appropriate law enforcement official within 24 hours after entering into the contract unless other arrangements are made between the business and the law enforcement official.

(n) Any person offering his or her own personal property for sale, purchase, consignment, or trade via an Internet website, or a person or entity offering the personal property of others for sale, purchase, consignment, or trade via an Internet website, when that person or entity does not have, and is not required to have, a local occupational or business license for this purpose.

(o) A business whose primary business is the sale, rental, or trade of motion picture videos or video games, if the business:

1. Requires the sellers of secondhand goods to have a current account with the business;

2. Has on file in a readily accessible format the name, current residential address, home and work telephone numbers, government-issued identification number, place of employment, date of birth, gender, and right thumbprint of each seller of secondhand goods;

3. Purchases secondhand goods from the property owner or his or her representative at the place of business pursuant to an agreement in writing and signed by the property owner which describes the property purchased, states the date and time of the purchase, and states that the seller is the lawful owner of the property;

4. Retains such purchase agreements for not less than 1 year; and

5. Pays for the purchased property in the form of a store credit that is issued to the seller and is redeemable solely by the seller or another authorized user of the seller’s account with that business.

(p) A motor vehicle dealer as defined in s. 320.27.

(3) This part does not apply to secondary metals recyclers regulated under part II, except for s. 538.11, which applies to both secondhand dealers and secondary metals recyclers.

History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 1, ch. 90-318; s. 4, ch. 91-429; s. 202, ch. 92-303; s. 1, ch. 93-97; s. 1, ch. 95-287; s. 745, ch. 97-103; s. 1, ch. 98-30; ss. 17, 21, ch. 2000-138; s. 1, ch. 2006-201; s. 51, ch. 2008-177; s. 1, ch. 2009-158; s. 1, ch. 2009-162; s. 1, ch. 2012-179; s. 68, ch. 2015-2; s. 1, ch. 2016-59; s. 1, ch. 2023-127.

F.S. 538.03 on Google Scholar

F.S. 538.03 on Casetext

Amendments to 538.03

Arrestable Offenses / Crimes under Fla. Stat. 538.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 538.03.

Annotations, Discussions, Cases:

Cases Citing Statute 538.03

Total Results: 20

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-06-14T00:53:00-07:00

Snippet: 4 See, Ch. 95-287, Laws of Florida. And see, s. 538.03(1)(g), Fla. Stat., which defines "secondhand

Roschman Partners v. SK PARTNERS I

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-29T00:53:00-07:00

Citation: 627 So. 2d 2

Snippet: no further force and effect." 67 So.2d at 538. Three months after the closing, the buyer failed to

State v. Hodges

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-25T23:53:00-08:00

Citation: 614 So. 2d 653

Snippet: such requirements by the provisions of section 538.03(2)(k), Florida Statutes, a 1990 amendment of Chapter…to the reporting requirements rendered sections 538.03 through 538.17, Florida Statutes, unconstitutionally

State, Dept. of Agriculture v. Quick Cash of Tallahasee, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-03T23:53:00-08:00

Citation: 609 So. 2d 735

Snippet: a "pawnbroker," as defined in section 538.03(1)(c), Florida Statutes (Supp. 1990); and that …buy-sell agreement' as defined in [s]ection 538.03(1)(d)2, Fla. Stat. (Supp. 1990), is permitted to

Quick Cash v. STATE, DEPT. OF AGRICULTURE

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-28T00:53:00-07:00

Citation: 605 So. 2d 898

Snippet: titled and cannot be easily sold by a thief. See § 538.03(1)(g), Fla. Stat. (1991). Thus, Quick Cash'…regulated by the Department of Revenue. Section 538.03(1)(d)1. defines "pawn" to include a &

Ago

Court: Fla. Att'y Gen. | Date Filed: 1991-11-05T23:53:00-08:00

Snippet: RAB/tls 1 "Pawnbroker" is defined in s. 538.03(1)(c), F.S. (1990 Supp.), as a "secondhand…securities." 2 In defining "[p]awn," s. 538.03(1), F.S. (1990 Supp.), states that the term means

Ago

Court: Fla. Att'y Gen. | Date Filed: 1991-06-05T00:53:00-07:00

Snippet: criminal penalties. 1 A pawnbroker is defined in s. 538.03(1)(c), F.S. (1990 Supp.), as "a secondhand…securities." 2 In defining "[p]awn," s. 538.03(1)(d), F.S. (1990 Supp.), states that the term ….2d Moneylenders and Pawnbrokers s. 3. 6 Section 538.03(1)(a), F.S. (1990 Supp.), defines the term "

Black, Starr & Frost, Ltd. v. Prestige Financial, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-08T00:00:00-07:00

Citation: 579 So. 2d 297, 1991 Fla. App. LEXIS 4113, 1991 WL 71538

Snippet: c. 89-533, § 4, eff. Oct. 2, 1989. See, now, § 538.03, § 538.16. No. 90-0551 District Court

Coastal Carting Ltd. v. City of Miami Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1989-07-11T00:00:00-07:00

Citation: 545 So. 2d 971, 1989 Fla. App. LEXIS 3848, 1989 WL 75529

Snippet: .1950); Philbrick v. City of Miami Beach, 147 Fla. 538, 3 So.2d 144 (1941); Clein v. Lee, 146 Fla. 306, 200

Wasser v. Rafizadeh

Court: Fla. Dist. Ct. App. | Date Filed: 1988-10-04T00:00:00-07:00

Citation: 531 So. 2d 1041, 13 Fla. L. Weekly 2275, 1988 Fla. App. LEXIS 4440, 1988 WL 100919

Snippet: .1982); Philbrick v. City, of Miami Beach, 147 Fla. 538, 3 So.2d 144 (1941); Richter v. Palm Beach-Martin

Rahaim v. City of Jacksonville

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-18T00:00:00-08:00

Citation: 504 So. 2d 1323, 12 Fla. L. Weekly 775, 1987 Fla. App. LEXIS 7332

Snippet: nuisance. Philbrick v. City of Miami Beach, 147 Fla. 538, 3 So.2d 144 (1941). I find nothing in the arguments

State v. Holmes

Court: Fla. Dist. Ct. App. | Date Filed: 1971-12-09T23:53:00-08:00

Citation: 256 So. 2d 32

Snippet: 1968, 391 U.S. 216, 88 S.Ct. 1472, 20 L.Ed.2d 538. [3] E.g., Courington v. State, Fla. 1954, 74 So.2d

City of Miami v. City of Coral Gables

Court: Fla. Dist. Ct. App. | Date Filed: 1970-04-09T23:53:00-08:00

Citation: 233 So. 2d 7

Snippet: v. City of Miami Beach, Fla. [1941], [147 Fla. 538] 3 So.2d 144." Thus, we initially note that the

Rich v. Ryals

Court: Fla. | Date Filed: 1968-07-02T00:53:00-07:00

Citation: 212 So. 2d 641

Snippet: and Philbrick v. City of Miami Beach, 147 Fla. 538, 3 So.2d 144." In Pinellas County v. Hooker, …Philbrick v. City of Miami [Beach], 1941, 147 Fla. 538, 3 So.2d 144. We believe that under the statute as

Rotenberg v. City of Fort Pierce

Court: Fla. Dist. Ct. App. | Date Filed: 1967-09-29T00:53:00-07:00

Citation: 202 So. 2d 782

Snippet: ordinances. Philbrick v. City of Miami Beach, [147 Fla. 538] 3 So.2d 144 (Fla. 1941). Accordingly Defendant'

Ryals v. Rich

Court: Fla. Dist. Ct. App. | Date Filed: 1967-09-29T00:00:00-07:00

Citation: 202 So. 2d 779, 1967 Fla. App. LEXIS 4328

Snippet: Philbrick v. City of Miami Beach, 1941, 147 Fla. 538, 3 So.2d *780144; Pompano Horse Club v. State ex rel

Mangum v. Board of County Commissioners of Brevard County

Court: Fla. Dist. Ct. App. | Date Filed: 1967-09-08T00:00:00-07:00

Citation: 202 So. 2d 207, 1967 Fla. App. LEXIS 4278

Snippet: Philbrick v. City of Miami Beach, 1941, 147 Fla. 538, 3 So.2d 144; Cotney v. Board of County Com’rs of

Pinellas County v. Hooker

Court: Fla. Dist. Ct. App. | Date Filed: 1967-06-23T00:00:00-07:00

Citation: 200 So. 2d 560, 1967 Fla. App. LEXIS 4511

Snippet: follow Philbrick v. City of Miami, 1941, 147 Fla. 538, 3 So. 2d 144. We believe that under the statute as

Mangum v. Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 1966-05-11T00:00:00-07:00

Citation: 186 So. 2d 94, 1966 Fla. App. LEXIS 5340

Snippet: Philbrick v. City of Miami Beach, 1941, 147 Fla. 538, 3 So.2d 144; Cotney v. Board of County Com’rs of

Florida Industrial Commission v. Hurlbert

Court: Fla. Dist. Ct. App. | Date Filed: 1959-08-18T00:00:00-07:00

Citation: 114 So. 2d 209

Snippet: and Philbrick v. City of Miami Beach, 147 Fla. 538, 3 So.2d 144. It is therefore apparent, and the attorneys