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2023 Florida Statutes (including 2023C)

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 538 SECONDHAND DEALERS AND SECONDARY METALS RECYCLERS Entire Chapter
SECTION 235
Method of payment.
F.S. 538.235
538.235 Method of payment.—
(1) A secondary metals recycler may not enter into any cash transaction:
(a) In excess of $1,000 for the purchase of regulated metals property; or
(b) In any amount for the purchase of restricted regulated metals property.
(2) Payment in excess of $1,000 for the purchase of regulated metals property shall be made by check issued to the seller of the metal and payable to the seller.
(3) Payment for the purchase of restricted regulated metals property shall be made by check issued to the seller of the metal and payable to the seller or by electronic payment to the seller’s bank account or the seller’s employer’s bank account.
(a) Each check shall be mailed by the secondary metals recycler directly to the street address of the seller that is on file with the secondary metals recycler unless otherwise provided in this part. 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.
(b) Each check or electronic payment shall be mailed or transmitted by the secondary metals recycler to the seller within 3 days after the purchase transaction unless otherwise provided in this section.
(c) The secondary metals recycler may provide a check at the time of the purchase transaction, rather than mailing the check as required in paragraph (a), if the seller is:
1. 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;
2. A law enforcement officer acting in an official capacity;
3. A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler;
4. A public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler;
5. A sheriff acting under the authority of a court’s writ of execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary metals recycler; or
6. A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business.
History.—s. 4, ch. 2008-69; s. 6, ch. 2012-179.