You can find more information on FDLE's website. Registration Before registering to be a secondhand dealer, automated kiosk secondhand dealer, mail-in secondhand precious metals dealer, or secondary metals recycler, you must have a sales and use tax Certificate of Registration Form DR for:. You must complete both of the following registration applications to conduct business in Florida:.
Note: You can complete both requried registration applications using the online Florida Business Tax Application interactive interview. First-time applicants registering as a secondhand dealer, secondhand dealer operating automated kiosks, mail-in secondhand precious metals dealer, or secondary metals recycler must undergo a criminal history record check. Each business owner, officer, member, partner, director, and stockholder with a controlling interest in the business must undergo a criminal history record check.
Florida law allows the Florida Department of Revenue to deny, revoke, restrict, or suspend registrations issued pursuant to Chapter , Florida Statutes F. Nothing in this section shall be deemed to limit or otherwise abrogate any duty of a scrap metal processor to maintain a book or other permanent record of information pursuant to NRS If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system to receive information pursuant to this section, the local law enforcement agency shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the electronic reporting system on the incidence of crime which relates to the sale or purchase of scrap metal within the jurisdiction of the law enforcement agency.
The provisions of this section do not apply to the purchase of scrap metal from a business entity. The Division of Industrial Relations of the Department of Business and Industry shall, in consultation with representatives from local law enforcement agencies in this state and representatives from the scrap metal industry, adopt regulations to ensure the confidentiality of information which is reported and maintained pursuant to this section, including, without limitation, regulations providing for:.
A person is immune from any civil liability for any action taken in good faith and without malicious intent in carrying out the provisions of NRS Except as otherwise required pursuant to NRS A person who knowingly and willfully violates subsection 1 is guilty of a gross misdemeanor.
A peace officer or investigator who is involved in the investigation or prosecution of criminal activity may place a written hold for not more than 7 business days on any property in the possession of a scrap metal processor that is related or allegedly related to the criminal activity. A hold pursuant to this section may be extended for an additional period of not more than 7 business days by a peace officer or investigator by providing written notice to the scrap metal processor.
While a hold is placed on property pursuant to this section, the scrap metal processor shall not remove or dispose of the property to any person other than the peace officer or investigator who placed the hold on the property. A peace officer or investigator who placed a hold on property may obtain custody of the property from the scrap metal processor if the peace officer or investigator:. Property received by a peace officer or investigator pursuant to this section may be disposed of only in the manner set forth in NRS A peace officer or investigator who places a hold on property pursuant to this section shall notify the scrap metal processor in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.
For payments made by check to a seller who represents a business, the check must be made payable to the business using the name of the business. A scrap metal processor shall provide a receipt to the seller on-site at the time of the purchase of scrap metal by the scrap metal processor. The receipt must include, without limitation, the following information:.
A person who is described in subsection 2 of NRS Shall comply with the provisions of NRS Is subject to the provisions of NRS Every secondhand dealer doing business in any incorporated city or unincorporated town in this State shall maintain in his or her place of business a book or other permanent record in which must be legibly written in the English language, at the time of each purchase, a record thereof containing:.
In the case of watches, the description must contain the name of the maker and the number of the works or the case.
In the case of jewelry, all letters and marks inscribed on the jewelry must be included in the description. When the article bought is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction is sufficient.
The record and all goods received must at all times during the ordinary hours of business be open to the inspection of the prosecuting attorney or of any peace officer.
Except as otherwise provided in subsection 4, every secondhand dealer doing business in:. The transcript must be furnished by mail or by any other means, including, without limitation, by electronic or facsimile transmission, as directed by the sheriff. Except as provided in subsection 2 , the term means pawnbrokers, jewelers, precious metals dealers, garage sale operators, secondhand stores, and consignment shops. The term does not include those persons involved in the bulk sale of precious metals from one secondhand or precious metals dealer to another.
Loan of money. Buy-sell agreement. A buy-sell agreement is not a loan of money. Any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts. Any coin with an intrinsic value less than its numismatic value. Any gold bullion coin. Any gold, silver, or platinum bullion that has been assayed and is properly marked as to its weight and fineness.
Any coin which is mounted in a jewelry setting. Within 24 hours of the acquisition of any secondhand goods by purchase or pledge as security for a loan, a secondhand dealer shall deliver to the police department of the municipality where the goods were purchased or, if the goods were purchased outside of a municipality, to the sheriff's department of the county where the goods were purchased, a record of the transaction on a form approved by the Department of Law Enforcement.
Such record shall contain: a The time, date, and place of the transaction. Full name, address, workplace, and home and work phone numbers. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.
The record shall contain the type of identification exhibited, the issuing agency, and the number thereon. 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.
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. However, the holding period may be extended beyond 60 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. The description of the property is: list property.
The department may issue a temporary registration to each location pending completion of the background check by state and federal law enforcement agencies, but shall revoke such temporary registration if the completed background check reveals a prohibited criminal background.
An applicant for a secondhand dealer registration must be a natural person who has reached the age of 18 years. If the dealer has more than one location, the application must list each location owned by the same legal entity and the department shall issue a duplicate registration for each location. The Department of Law Enforcement shall report its findings to the Department of Revenue within 30 days after the date the fingerprints are submitted for criminal justice information.
A secondhand dealer must hold secondhand goods at the registered location for the period required by s. If the fine is not paid within 60 days, the department may bring a civil action under s.
The department shall administer, collect, and enforce the registration authorized under this chapter pursuant to the same procedures used in the administration, collection, and enforcement of the general state sales tax imposed under chapter , except as provided in this section. The provisions of chapter regarding the keeping of records and books shall apply. The department is authorized to employ persons and incur other expenses for which funds are appropriated by the Legislature.
The department is empowered to adopt such rules, and shall prescribe and publish such forms, as may be necessary to effectuate the purposes of this chapter. The Legislature hereby finds that the failure to promptly implement the provisions of this chapter would present an immediate threat to the welfare of the state. Therefore, the executive director of the department is hereby authorized to adopt emergency rules pursuant to s. Notwithstanding any other provision of law, such emergency rules shall remain effective for 6 months from the date of adoption.
Other rules of the department related to and in furtherance of the orderly implementation of the chapter shall not be subject to a rule challenge under s. Such rules shall be adopted by the Governor and Cabinet and shall become effective upon filing with the Department of State, notwithstanding the provisions of s. A secondhand dealer shall not conduct any transaction at a drive-through window or similar device.
This subsection does not limit the authority or duties of the sheriff. The term does not include aluminum beverage containers, used beverage containers, or similar beverage containers; however, the term includes stainless steel beer kegs and items made of ferrous metal obtained from any restricted regulated metals property. A secondary metals recycler shall also maintain a legible electronic record, in the English language, of all such purchase transactions. The appropriate law enforcement official may provide data specifications regarding the electronic record format, but such format must be approved by the Department of Law Enforcement.
An electronic record of a purchase transaction shall be electronically transmitted to the appropriate law enforcement official no later than 10 a. The record transmitted to the appropriate law enforcement official must not contain the price paid for the items. A secondary metals recycler who transmits such records electronically is not required to also deliver the original or paper copies of the transaction forms to the appropriate law enforcement official.
However, such official may, for purposes of a criminal investigation, request the secondary metals recycler to make available the original transaction form that was electronically transmitted.
This original transaction form must include the price paid for the items. The secondary metals recycler shall make the form available to the appropriate law enforcement official within 24 hours after receipt of the request. If the purchase involves a stainless steel beer keg, the seller must provide written documentation from the manufacturer that the seller is the owner of the stainless steel beer keg or is an employee or agent of the manufacturer.
The right thumbprint, free of smudges and smears. Vehicle description to include the make, model, and tag number of the vehicle and trailer of the person selling the regulated metals property. Any other information required by the form approved by the Department of Law Enforcement. Violates s. Engages in a pattern of failing to keep records required by s. A check may not be mailed to a post office box.
Electronic payments shall be transmitted to an account for which the seller is listed as an account holder or an employee or agent of the seller. An organization, corporation, or association registered with the state as a charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organization or association, or any nonprofit corporation or association;.
A law enforcement officer acting in an official capacity;. A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler;.
A public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler;. A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business.
Upon the receipt by a secondary metals recycler of a petition for return, the secondary metals recycler shall hold, and shall not process or otherwise alter, the regulated metals property at issue, or any portion thereof, until the court determines the respective interests of the parties. The department shall accept applications only from a fixed business address. The department may not accept an application that provides an address of a hotel room or motel room, a vehicle, or a post office box.
One application is required for each secondary metals recycler.
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