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Florida Statute 538.04 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 538
SECONDHAND DEALERS AND SECONDARY METALS RECYCLERS
View Entire Chapter
F.S. 538.04
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 of the transaction form for not less than 3 years. Unless other arrangements are agreed upon by the secondhand dealer and the appropriate law enforcement official, the secondhand dealer shall, within 24 hours after acquiring any secondhand goods, deliver to such official a record of the transaction on a form approved by the Department of Law Enforcement. Such record shall contain:
(a) The time, date, and place of the transaction.
(b) A complete and accurate description of the goods acquired, including the following information, if applicable:
1. Brand name.
2. Model number.
3. Manufacturer’s serial number.
4. Size.
5. Color, as apparent to the untrained eye.
6. Precious metal type, weight, and content if known.
7. Gemstone description, including the number of stones, if applicable.
8. In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and finish.
9. Any other unique identifying marks, numbers, or letters.
(c) Digital photographs of the goods, clearly showing the items required to be included on the record as provided in paragraph (b).
(d) A description of the person from whom the goods were acquired, including:
1. Full name, current residential address, workplace, and home and work phone numbers.
2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.
3. The right thumbprint, free of smudges and smears, of the person from whom the goods were acquired.
(e) Any other information required by the form approved by the Department of Law Enforcement.
(2) The secondhand dealer shall require verification of the identification by the exhibition of a government-issued photographic identification card such as a driver license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon.
(3) The seller shall sign a statement verifying that the seller is the rightful owner of the goods or is entitled to sell, consign, or trade the goods.
(4) Any person who knowingly gives false verification of ownership or who gives a false or altered identification, and who receives money from a secondhand dealer for goods sold, consigned, or traded commits:
(a) If the value of the money received is less than $300, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the money received is $300 or more, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Secondhand dealers are exempt from the provisions of this section for all transactions involving secondhand sports equipment except secondhand sports equipment that is permanently labeled with a serial number.
(6) If the appropriate law enforcement official supplies a secondhand dealer with appropriate software and the secondhand dealer has computer capability, the secondhand dealer must electronically transmit secondhand dealer transactions required by this section to such official. If a secondhand dealer does not have computer capability, the appropriate law enforcement official may provide the secondhand dealer with a computer and all equipment necessary to electronically transmit secondhand dealer transactions. The appropriate law enforcement official shall retain ownership of the computer, unless otherwise agreed upon, and the secondhand dealer shall maintain the computer in good working order, except for ordinary wear. A secondhand dealer who transmits secondhand dealer transactions electronically is not required to also deliver the original or paper copies of the secondhand transaction forms to the appropriate law enforcement official. However, such official may, for purposes of a criminal investigation, request the secondhand dealer to deliver the original transaction form that was electronically transmitted. The secondhand dealer shall deliver the form to the appropriate law enforcement official within 24 hours after receipt of the request.
(7) If the original transaction form is lost or destroyed by the appropriate law enforcement official, a copy may be used by the secondhand dealer as evidence in court. When an electronic image of a customer’s identification is accepted for a transaction, the secondhand dealer must maintain the electronic image in order to meet the recordkeeping requirements applicable to the original transaction form. If a criminal investigation occurs, the secondhand dealer shall, upon request, provide a clear and legible copy of the image to the appropriate law enforcement official.
(8) When secondhand goods are purchased by means of an automated kiosk, the serial number reported pursuant to this section may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or another unique identifying number assigned to the device by the manufacturer. If the IMEI, MEID, or other unique identifying number is not available at the time of receipt or purchase, the report filed pursuant to this section must be updated with the IMEI, MEID, or other unique identifying number as soon as possible, but no later than 10 business days after the date of acquisition. If such identifying numbers are not available at the time of the transaction, the business shall assign another unique identifier to the item which directly associates the item to the transaction that it was purchased in. Upon entering or updating any information on the transaction form, a law enforcement official, as designated by the sheriff or the chief of police of the jurisdiction in which the item was purchased, must be timely notified in writing or by electronic means, as required by the sheriff or chief of police of the jurisdiction. If, upon receiving the device and correcting the missing information, the company finds that the item was misappropriated or stolen, the appropriate law enforcement official must be notified. The holding requirements of ss. 538.06 and 538.09(3) do not begin until all required reports are complete and submitted to the appropriate law enforcement official.
History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 2, ch. 90-318; s. 4, ch. 91-429; s. 2, ch. 98-30; s. 2, ch. 2006-201; s. 2, ch. 2012-179; s. 2, ch. 2016-59.

F.S. 538.04 on Google Scholar

F.S. 538.04 on Casetext

Amendments to 538.04


Arrestable Offenses / Crimes under Fla. Stat. 538.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S538.04 4a - PASS FORGED - PENALTY INCREASED. SEE REC# 6124 - M: F
S538.04 4a - FRAUD-IMPERSON - PENALTY INCREASED. SEE REC# 6125 - M: F
S538.04 4a - FRAUD-FALSE STATEMENT - PENALTY INCREASED. SEE REC# 6126 - M: F
S538.04 4a - PASS FORGED - ALTERED ID TO SECONDHAND DEALER UNDER 300 DOLS - F: T
S538.04 4a - FRAUD-IMPERSON - FALSE ID TO SECONDHAND DEALER UNDER 300 DOLS - F: T
S538.04 4a - FRAUD-FALSE STATEMENT - VERIF OWNERSHIP 2NDHAND DEALER UNDER 300 DOLS - F: T
S538.04 4b - PASS FORGED - PENALTY INCREASED. SEE REC# 6127 - F: T
S538.04 4b - FRAUD-IMPERSON - PENALTY INCREASED. SEE REC# 6128 - F: T
S538.04 4b - FRAUD-FALSE STATEMENT - PENALTY INCREASED. SEE REC# 6129 - F: T
S538.04 4b - PASS FORGED - ALTERED ID SECONDHAND DEALER 300 DOLS OR MORE - F: S
S538.04 4b - FRAUD-IMPERSON - FALSE ID SECONDHAND DEALER 300 DOLS OR MORE - F: S
S538.04 4b - FRAUD-FALSE STATEMENT - VERIF OWNESHIP 2NDHAND DEALER 300 DOLS OR MORE - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 538.04

Total Results: 15

DAVID RINCON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-05T23:53:00-08:00

Snippet: part on the commission of a violation of section 538.04(4)(a), Florida Statutes (2017), which provides …entitled to sell, consign, or trade the goods.” § 538.04(1)(d), and (3), Fla. Stat. Here, there was

Delisser v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-27T00:00:00-08:00

Citation: 209 So. 3d 640, 2017 WL 377967, 2017 Fla. App. LEXIS 866

Snippet: to a secondhand dealer in violation of section 538.04(4)(a), Florida Statutes (2014). These two documents

Delisser v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-26T23:53:00-08:00

Snippet: to a secondhand dealer in violation of section 538.04(4)(a), Florida Statutes (2014). These two documents

Matarranz v. State

Court: Fla. | Date Filed: 2013-09-26T00:00:00-07:00

Citation: 133 So. 3d 473, 38 Fla. L. Weekly Supp. 687, 2013 WL 5355117, 2013 Fla. LEXIS 2074

Snippet: objectionable” jurors sat on the jury. See id. at 538.4 Before the jury was sworn, defense counsel renewed

Byrd v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-24T00:53:00-07:00

Citation: 995 So. 2d 1008

Snippet: v. People of California, 110 U.S. 516, 534-35, 538, 4 S.Ct. 111, 28 L.Ed. 232 (1884); Sawyer v. State

Haugabrook v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-11T00:53:00-07:00

Citation: 827 So. 2d 1065

Snippet: second-hand dealer by fraud in violation of section 538.04, Florida Statutes (1999), we hold that there was

Zeigler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-08-05T00:00:00-07:00

Citation: 714 So. 2d 1197, 1998 Fla. App. LEXIS 9770, 1998 WL 438905

Snippet: goods pledged or sold, in violation of section 538.04(4)(b), was one and the same — appellant’s signing

Bailey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-05-25T00:53:00-07:00

Citation: 637 So. 2d 333

Snippet: appellant excluded. The appellant claims that section 538.04, Florida Statutes (1989)[2] was violated by use

State v. Hodges

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

Citation: 614 So. 2d 653

Snippet: violating the record keeping requirements of section 538.04, Florida Statutes. His defense was that his business

Lumbermens Mut. Cas. Co. v. Martin

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-16T00:53:00-07:00

Citation: 399 So. 2d 536

Snippet: additional insured,[3] the $15,000 UM limits *538 for the four vehicles so-insured by the policy[4] were

Leithauser v. Harrison

Court: Fla. Dist. Ct. App. | Date Filed: 1964-10-09T00:53:00-07:00

Citation: 168 So. 2d 95

Snippet: supra; Enfinger v. Baxley, Fla. 1957, 96 So.2d 538. [4] Wigmore, Evidence, §§ 2290 et seq. (McNaughton

Collier v. Gray

Court: Fla. | Date Filed: 1934-10-13T00:00:00-08:00

Citation: 157 So. 40, 116 Fla. 845, 1934 Fla. LEXIS 1176

Snippet: Warfield v. Vandiver, 101 Md. 78, 60 Atl. Rep. 538, 4 Ann. Cas. 692; Green v. Weller, 32 Miss. 650; Commonwealth

Western Union Telegraph Co. v. Redding

Court: Fla. | Date Filed: 1930-08-02T00:00:00-08:00

Citation: 129 So. 743, 100 Fla. 495

Snippet: Western Union Telegraph Co. v. Schriver, 142 Fed R. 538, 4 L.R.A. (N.S.) 678, the third head note reads as

McMillan v. Western Union Telegraph Co.

Court: Fla. | Date Filed: 1910-06-15T00:00:00-08:00

Citation: 60 Fla. 131

Snippet: Western Union Tel. Co. v. Schriver 141 Fed. Rep. 538, 4 L. R. A. (N. S.) 678; 29 Cyc. 499. Hildreth v. …Western Union Tel. Co. v. Schriver, 141 Fed. Rep. 538, 4 L. R. A. (N. S.) 678, and notes. A telegraph company

Fields v. State

Court: Fla. | Date Filed: 1903-06-15T00:00:00-08:00

Citation: 46 Fla. 84

Snippet: 26 South. Rep. 1022; People v. Wasson, 65 Cal. 538, 4 Pac. Rep. 555; 1 Thompson on Trials, sec. 450 ;