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2003 Florida Statutes

Section 538.26, Florida Statutes 2003

538.26  Certain acts and practices prohibited.--It is unlawful for a secondary metals recycler to do or allow any of the following acts:

(1)  Purchase regulated metals property between the hours of 9 p.m. and 6 a.m.

(2)  Fail to pay any sales tax owed to the department or fail to have a sales tax registration number.

(3)  Purchase regulated metals property at a location other than the place of business set forth on the registration.

(4)  Purchase regulated metals property from any seller who presents such property for sale at the registered location of the secondary metals recycler when such property was not transported in a motor vehicle unless the seller can prove ownership of the regulated metals property.

(5)  Purchase regulated metals property in return for money from a trailer, a vehicle, or any location other than a fixed location or from any person who is required to prove ownership pursuant to subsection (4). However, regulated metals may be purchased from a nonfixed location, or from such person, with any negotiable or nonnegotiable instrument, including a check or draft or any other type of instrument purchased with money and sold for the purpose of making payments or transfers to others.

History.--s. 2, ch. 89-533; s. 1, ch. 90-192; s. 8, ch. 90-318; s. 4, ch. 91-429; s. 1, ch. 92-157.