The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 538
SECONDHAND DEALERS AND SECONDARY METALS RECYCLERS

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F.S. 538.06

538.06 Holding period.—

(1)(a) A secondhand dealer may not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand good:

1. That is a precious metal, a gemstone, or jewelry; an antique furnishing, fixture, or decorative object; or an item of art as defined in s. 686.501 within 30 calendar days after the date on which the good is acquired.

2. That is not described in subparagraph 1. within 15 calendar days after the date on which the good is acquired.

3. Within 30 calendar days after the date on which the good is acquired if the secondhand dealer uses an automated kiosk.

Such holding periods are not applicable when the person known by the secondhand dealer to be the person from whom the goods were acquired desires to redeem, repurchase, or recover the goods, provided the dealer can produce the record of the original transaction with verification that the customer is the person from whom the goods were originally acquired.

(b) For purposes of this subsection, the term “antique” means the item is at least 30 years old and has special value because of its age.

(2) A secondhand dealer must maintain actual physical possession of all secondhand goods throughout a transaction. It is unlawful for a secondhand dealer to accept title or any other form of security in secondhand goods in lieu of actual physical possession. A secondhand dealer who accepts title or any other form of security in secondhand goods in lieu of actual physical possession commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Upon probable cause that goods held by a secondhand dealer are stolen, a law enforcement officer with jurisdiction may place a 90-day written hold order on the goods. However, the hold may be extended beyond 90 days by a court of competent jurisdiction upon a finding of probable cause that the property is stolen and further holding is necessary for the purposes of trial or to safeguard such property. The dealer shall assume all responsibility, civil or criminal, relative to the property or evidence in question, including responsibility for the actions of any employee with respect thereto.

(4) While a hold order is in effect, the secondhand dealer must, upon request, release the property subject to the hold order to the custody of a law enforcement officer with jurisdiction for use in a criminal investigation. The release of the property to the custody of the law enforcement officer is not considered a waiver or release of the secondhand dealer’s rights or interest in the property. Upon completion of the criminal proceeding, the property must be returned to the secondhand dealer unless the court orders other disposition. When such other disposition is ordered, the court shall additionally order the person from whom the secondhand dealer acquired the property to pay restitution to the secondhand dealer in the amount that the secondhand dealer paid for the property together with reasonable attorney’s fees and costs.

(5) All dealers in secondhand property regulated by this chapter shall maintain transaction records for 3 years.

History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 90-318; s. 4, ch. 91-429; s. 3, ch. 93-97; s. 2, ch. 95-287; s. 21, ch. 2000-138; s. 4, ch. 2006-201; s. 3, ch. 2016-59.

F.S. 538.06 on Google Scholar

F.S. 538.06 on Casetext

Amendments to 538.06

Arrestable Offenses / Crimes under Fla. Stat. 538.06

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

S538.06 2 - PUBLIC ORDER CRIMES - ACCEPT TITLE AS SECURITY IN LIEU OF GOODS - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

In Re CASH COW SERVICES OF FLORIDA LLC, LLC, v., 296 F.3d 1261 (11th Cir. 2002)

. . . . § 538.06(5)(e) (1999). The second type of consumer loans were “check cashing” loans. . . .

In Re CASH COW SERVICES OF FLORIDA LLC, LLC, v., 296 F.3d 1261 (11th Cir. 2002)

. . . . § 538.06(5)(e) (1999). The second type of consumer loans were “check cashing” loans. . . .

In CASH COW SERVICES OF FLORIDA, L. L. C. F- L. L. C. F- L. L. C., 249 B.R. 33 (Bankr. N.D. Fla. 2000)

. . . . § 538.06(5). . . . . § 538.06(5)(d) (West 1998). In re Burnsed, 224 B.R. at 499-500. . . .

In BURNSED PDBA, 224 B.R. 496 (Bankr. M.D. Fla. 1998)

. . . . § 538.06(5) (West 1998). . . . title loan transaction may repossess the motor vehicle upon failure of the owner to redeem the title. § 538.06 . . .

In WALKER,, 204 B.R. 812 (Bankr. M.D. Fla. 1997)

. . . Debtor next argued that National Title Loan violated Florida Statute ch. 538.06(1), which prohibits a . . . However, Florida Statute ch. 538.06(5)(d) specifically deals with vehicles repossessed upon default of . . . Fla.Stat. ch. 538.06 (1995). . . .

DIVERSIFIED NUMISMATICS, INC. v. CITY OF ORLANDO, FLORIDA,, 783 F. Supp. 1337 (M.D. Fla. 1990)

. . . . § 538.06(3). . . . .