Florida Senate - 2013                                    SB 1460
       
       
       
       By Senator Smith
       
       
       
       
       31-01208-13                                           20131460__
    1                        A bill to be entitled                      
    2         An act relating to secondhand precious metals;
    3         providing definitions; prohibiting a secondhand
    4         precious metals dealer from conducting business
    5         without meeting certain registration requirements;
    6         prohibiting a secondhand precious metals dealer from
    7         remitting payment without receiving specified
    8         information from the seller; providing an effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Secondhand precious metals stores.—
   14         (1) As used in this section, the term:
   15         (a) “Jewelry” means a personal ornament that contains
   16  precious metals and may contain gemstones.
   17         (b) “Precious metals” means any item containing any gold,
   18  silver, or platinum, or any combination thereof.
   19         (c) “Secondhand precious metals dealer” means any person or
   20  entity that conducts business within this state and regularly
   21  engages in the practice of purchasing jewelry or precious metals
   22  through a transaction at a physical store location in exchange
   23  for cash.
   24         (d) “Seller” means any person or entity offering precious
   25  metals or jewelry for purchase which belong solely to that
   26  person or entity and which that person or entity has absolute
   27  authority to sell.
   28         (e) “Transaction” includes any event relating to the
   29  purchase of secondhand precious metals or jewelry by a
   30  secondhand precious metals dealer.
   31         (2) A secondhand precious metals dealer may not conduct
   32  business under this section without registering with the
   33  Department of Revenue and complying with all registration
   34  requirements provided under s. 538.09, Florida Statutes.
   35         (3) A secondhand precious metals dealer may not remit
   36  payment to a seller unless the seller has provided the following
   37  information:
   38         (a) The seller’s name, address, telephone number, and e
   39  mail address.
   40         (b) The seller’s driver license number or other government
   41  issued identification number.
   42         (c) A sworn statement made by the seller that the seller is
   43  of lawful age and that the driver license number or other
   44  government-issued identification number and other identifying
   45  information provided by the seller is true and correct and that
   46  the seller is the lawful owner of the goods with absolute
   47  authority to sell the goods. The statement must include the
   48  following language: “I declare under penalty of perjury that the
   49  foregoing is true and correct.”
   50         (4) For every transaction, the secondhand precious metals
   51  dealer must maintain a record of the following:
   52         (a) A complete and accurate description of the seller’s
   53  goods, including:
   54         1. Precious metal type, and, if jewelry, the type of
   55  jewelry.
   56         2. Any other unique identifying marks, numbers, or letters.
   57  The description must be in an electronic format agreed upon by
   58  the dealer and the appropriate law enforcement agency.
   59         (b) The date that the seller’s goods were received by the
   60  secondhand precious metals dealer.
   61  
   62  The information in this subsection must be provided to the
   63  appropriate law enforcement agency within 24 hours after
   64  entering into the contract unless other arrangements are made
   65  between the business and the law enforcement agency.
   66         Section 2. This act shall take effect July 1, 2013.