Florida Statutes
Fla. Stat. § 538.15 (2025)
Certain acts and practices prohibited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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:
(a) Any person who is under the influence of drugs or alcohol when such condition is visible or apparent;
(b) Any person under the age of 18 years; or
(c) Any person using a name other than her or his own name or the registered name of her or his business.
(2) Have a secondhand store open or engage in or conduct business as a secondhand dealer between the hours of 10 p.m. and 8 a.m. A secondhand dealer shall not conduct any transaction at a drive-through window or similar device.
(3) Fail to pay any sales tax owed to the Department of Revenue or fail to have a sales tax registration number.
History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 3, ch. 95-287; s. 747, ch. 97-103; s. 21, ch. 2000-138.
Arrestable Offenses under F.S. 538.15
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§538.15(2)PUBLIC ORDER CRIMES2NDHAND DEAL TRANSACT BETWEEN 10 PM AND 8 AM
§538.15(3)SALES TAX2ND HAND DEAL FAIL HAV SALE TAX NUM OR PAY TAX
§538.15(4)PUBLIC ORDER CRIMESREPEALED 10/1/00. 2000-138
§538.15(5)PUBLIC ORDER CRIMESREPEALED 10/1/00. 2000-138
§538.15(1a)PUBLIC ORDER CRIMESSECONDHAND DEAL W PERSON UNDER THE INFLUENCE
§538.15(1b)PUBLIC ORDER CRIMESSECONDHAND DEAL WITH PERSON UND 18YEARS OF AGE
§538.15(1c)FRAUD2NDHAND DEAL TRANSACT W PERSON USE FALSE NAME
Notes of Decisions
Cited in 1
case, 1990–1990 · leading case: Diversified Numismatics, Inc. v. City of Orlando, Fla., 783 F. Supp. 1337 (M.D. Fla. 1990).
Diversified Numismatics, Inc. v. City of Orlando, Fla., 783 F. Supp. 1337 (M.D. Fla. 1990). “…precious metal dealers from transacting business with "[a]ny person under the age of 18 years" without exception. Id. § 538.15(l)(b).”
— 538.15(l)(b) — 1 case
Diversified Numismatics, Inc. v. City of Orlando, Fla., 783 F. Supp. 1337 (M.D. Fla. 1990). “…precious metal dealers from transacting business with "[a]ny person under the age of 18 years" without exception. Id. § 538.15(l)(b).”
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