Florida Statute 538.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 538
SECONDHAND DEALERS AND SECONDARY METALS RECYCLERS

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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 who sold or pledged the stolen property to the secondhand dealer is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the defendant to make restitution to the secondhand dealer or the lawful owner, as applicable, pursuant to s. 775.089.

History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 3, ch. 93-37; s. 5, ch. 2006-201.

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Amendments to 538.07

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 538.07

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

S538.07 - PUBLIC ORDER CRIMES - OTHER SECONDHAND DEALER VIOLATION - M: F

Cases Citing Statute 538.07

Total Results: 1 | Sort by: Relevance | Newest First

Copy

Ago (Fla. Att'y Gen. 1999).

Published | Florida Attorney General Reports

...ion to the twenty-two percent maximum monthly interest provided in section 538.06 , Florida Statutes, or retains any proceeds from the sale of such motor vehicle in excess of the amount due on the loan, is subject to criminal prosecution pursuant to section 538.07 (1), Florida Statutes....

...xcess of the 22 percent per month (264 percent per year) allowed by law for title loan transactions. The retention of such proceeds, in effect, imposes an additional charge in excess of the twenty-two percent maximum fee and thus is impermissible. 9 Section 538.07 (1), Florida Statutes, provides that a person who knowingly violates any provision of Part I of Chapter 538 , Florida Statutes, commits a misdemeanor of the first degree....

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