Florida Statute 538.28 | Lawyer Caselaw & Research

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. 538.28

538.28 Local government regulation.—

(1) The regulation of purchase transactions involving regulated metals property is preempted to the state. Except as provided in subsection (2), an ordinance or regulation adopted by a county or municipality relating to the purchase or sale of regulated metals property or the registration or licensure of secondary metals recyclers is void.

(2) This part does not preempt an ordinance or regulation originally enacted by a county or municipality before March 1, 2012. Such ordinance or regulation may subsequently be amended to incorporate any provision of this part.

(3) This section does not apply to a county as defined in s. 125.011(1) until July 1, 2013.

History.—s. 9, ch. 2012-179.

F.S. 538.28 on Google Scholar

F.S. 538.28 on Casetext

Amendments to 538.28

Arrestable Offenses / Crimes under Fla. Stat. 538.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 538.28.

Annotations, Discussions, Cases:

Cases Citing Statute 538.28

Total Results: 2

Thunderbird, Ltd. v. Great Am. Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1990-09-27

Citation: 566 So. 2d 1296, 1990 WL 82104

Snippet: See Hargis Bank & Trust Co. v. Gambill, 234 Ky. 538, 28 S.W.2d 769 (1930). In contrast, Great American

M. Serra Corp. v. Garcia

Court: District Court of Appeal of Florida | Date Filed: 1983-02-03

Citation: 426 So. 2d 1118

Snippet: in obtaining payment of medical expenses of $19,538.28 incurred and attendant care, which had been provided