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Florida Statutes

Fla. Stat. § 538.36 (2025)

Acts and practices prohibited; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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538.36 Acts and practices prohibited; penalties.—
(1) Any dealer not registered with the department as a mail-in secondhand precious metals dealer, or who fails to comply with this part, commits a felony of the third degree for each completed transaction, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If an officer or corporation is convicted or found guilty of, or pleads nolo contendere to, any such offense, the officer or corporation may not operate thereafter for 1 year as a mail-in secondhand precious metals dealer within the state.
(2) Any person who knowingly gives false personal identifying information to the dealer, who provides a driver license number or government-issued identification number that does not belong to him or her, or who makes any false statement with respect to being of lawful age or his or her ownership of goods, and who receives payment from the dealer commits:
(a) If the value of the money received is less than $300, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the money received is $300 or more, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The penalty provisions of s. 538.07 apply to any dealer who knowingly violates any provision of this part.
History.—s. 2, ch. 2009-158; s. 3, ch. 2009-162.

Arrestable Offenses under F.S. 538.36

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§538.36(1)PUBLIC ORDER CRIMESFAIL REG AS MAIL-IN 2NDHAND PREC METAL DEALERF · 3rd
§538.36(1)PUBLIC ORDER CRIMESFAIL COMPLY W MAIL-IN 2NDHAND METAL DEALER LAWF · 3rd
§538.36(2a)FRAUD-IMPERSONFALSE ID TO 2NDHAND DEALER LT 0F · 3rd
§538.36(2a)FRAUD-FALSE STATEMENTGIVE FALSE INFO/ID TO 2NDHAND DEALER LT 0F · 3rd
§538.36(2b)FRAUD-FALSE STATEMENTGIVE FALSE INFO TO 2NDHAND DLR 300 DOL OR MOREF · 2nd
§538.36(2b)FRAUD-IMPERSONFALSE ID TO SECONDHAND DEALER 0+F · 2nd

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