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. 538.36

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.

F.S. 538.36 on Google Scholar

F.S. 538.36 on Casetext

Amendments to 538.36

Arrestable Offenses / Crimes under Fla. Stat. 538.36

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

S538.36 1 - PUBLIC ORDER CRIMES - FAIL REG AS MAIL-IN 2NDHAND PREC METAL DEALER - F: T

S538.36 1 - PUBLIC ORDER CRIMES - FAIL COMPLY W MAIL-IN 2NDHAND METAL DEALER LAW - F: T

S538.36 2a - FRAUD-IMPERSON - FALSE ID TO SECONDHAND DEALER UNDER 300 DOLS - F: T

S538.36 2a - FRAUD-FALSE STATEMENT - GIVE FALSE INFO TO 2NDHAND DLR UNDER 300 DOLS - F: T

S538.36 2b - FRAUD-IMPERSON - FALSE ID TO SECONDHAND DEALER 300 DOLS OR MORE - F: S

S538.36 2b - FRAUD-FALSE STATEMENT - GIVE FALSE INFO TO 2NDHAND DLR 300 DOL OR MORE - F: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AUTO INTERNATIONAL REFRIGERATION, H. v., 275 B.R. 789 (Bankr. N.D. Tex. 2002)

. . . 324.00 $165,796.75 0.05% 82.90 6,000.00 2/17/99 g/n 171.38 $165,625.37 0.05% 82.81 0.00 2/18/99 CO 538.36 . . .

D. v., 57 T.C. 296 (T.C. 1971)

. . . Irwin, Judge'- In a notice of deficiency dated March 17, 1970, respondent determined a deficiency of $538.36 . . .

UNION INVESTMENT COMPANY, a v. UNITED STATES M., 167 F. Supp. 31 (E.D. Mich. 1958)

. . . overassessment of 1943 income tax were credited against the 1943 income tax deficiency of $16,512.99 ($14,-538.36 . . .