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Florida Statute 538.15 - Full Text and Legal Analysis Florida Statute 538.15 | Lawyer Caselaw & Research
Fla. Stat. § 538.15 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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 AMM · 1st
§538.15(3)SALES TAX2ND HAND DEAL FAIL HAV SALE TAX NUM OR PAY TAXM · 1st
§538.15(4)PUBLIC ORDER CRIMESREPEALED 10/1/00. 2000-138M · 1st
§538.15(5)PUBLIC ORDER CRIMESREPEALED 10/1/00. 2000-138M · 1st
§538.15(1a)PUBLIC ORDER CRIMESSECONDHAND DEAL W PERSON UNDER THE INFLUENCEM · 1st
§538.15(1b)PUBLIC ORDER CRIMESSECONDHAND DEAL WITH PERSON UND 18YEARS OF AGEM · 1st
§538.15(1c)FRAUD2NDHAND DEAL TRANSACT W PERSON USE FALSE NAMEM · 1st

Cases Citing F.S. 538.15

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·Diversified Numismatics, Inc. v. City of Orlando, Fla., 783 F. Supp. 1337 (M.D. Fla. 1990).

Cited 4 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 19975, 1990 WL 324082

...[8] The language in the amended ordinance was taken directly from the repealed Florida statute, Fla.Stat. § 538.014. The current Florida statute prohibits precious metal dealers from transacting business with "[a]ny person under the age of 18 years" without exception. Id. § 538.15(1)(b).
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Cited as authorityHolt (2025)
phrase: "rule_authority"
Cited as authorityWindom (2024)
phrase: "rule_authority"
Cited as authorityBredesen (2009)
phrase: "rule_authority"

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.