Florida Statute 538.11 | 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. 538.11

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 compliance with rules of the department shall apply to and be binding upon all persons who are subject to the provisions of this chapter. The department shall administer, collect, and enforce the registration authorized under this chapter pursuant to the same procedures used in the administration, collection, and enforcement of the general state sales tax imposed under chapter 212, except as provided in this section. The provisions of chapter 212 regarding the keeping of records and books shall apply. The department is authorized to employ persons and incur other expenses for which funds are appropriated by the Legislature. The department is empowered to adopt such rules, and shall prescribe and publish such forms, as may be necessary to effectuate the purposes of this chapter. The Legislature hereby finds that the failure to promptly implement the provisions of this chapter would present an immediate threat to the welfare of the state. Therefore, the executive director of the department is hereby authorized to adopt emergency rules pursuant to s. 120.54(4), for purposes of implementing this chapter. Notwithstanding any other provision of law, such emergency rules shall remain effective for 6 months from the date of adoption. Other rules of the department related to and in furtherance of the orderly implementation of the chapter shall not be subject to a rule challenge under s. 120.56(2) or a drawout proceeding under s. 120.54(3)(c)2. but, once adopted, shall be subject to an invalidity challenge under s. 120.56(3). Such rules shall be adopted by the Governor and Cabinet and shall become effective upon filing with the Department of State, notwithstanding the provisions of s. 120.54(3)(e)6.

History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 247, ch. 96-410; s. 35, ch. 97-99; s. 25, ch. 2001-63.

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Amendments to 538.11

Arrestable Offenses / Crimes under Fla. Stat. 538.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 538.11.

Annotations, Discussions, Cases:

Cases Citing Statute 538.11

Total Results: 3

State v. Moo Young

Court: Fla. Dist. Ct. App. | Date Filed: 1990-09-21T00:53:00-07:00

Citation: 566 So. 2d 1380

Snippet: dismiss information. The trial court found section 538.011, Florida Statutes (1987) (repealed 1989) to be …allowing for arbitrary enforcement." Section 538.011 requires precious metals dealers to make records…court's finding that the language of section 538.011, Florida Statutes (1987) is unconstitutionally …arbitrary and erratic enforcement. Although section 538.011 is clearly a state criminal statute, the federal…1027. Under this less stringent standard, section 538.011 would be found constitutional so long as it establishes

S. Bell Tel. & Tel. Co. v. Roper

Court: Fla. Dist. Ct. App. | Date Filed: 1986-02-04T00:00:00-08:00

Citation: 482 So. 2d 538, 11 Fla. L. Weekly 326

Snippet: Pearson and Jorgenson 4 February 1986 482 So. 2d 538, 11 Fla. L. Weekly 326 Published 501e869c33dc5d6de95fd8b09d07149739b90451

Stubbs v. Franklin County Lumber Co.

Court: Fla. | Date Filed: 1900-06-14T23:53:00-08:00

Citation: 42 Fla. 376

Snippet: M., leaving a net balance in plaintiff’s favor $538.11.” Default was entered for want of appearance in…judgment was thereafter entered by the clerk for $538.11 principal and $10.76 interest, besides cost of …plaintiff corporation to the effect that the sum of $538.11 is due by the defendant to the plaintiff upon an