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The Florida Senate

2005 Florida Statutes

Section 538.04, Florida Statutes 2005

538.04  Recordkeeping requirements; penalties.--

(1)  Secondhand dealers shall maintain records of all transactions of secondhand goods on the premises. 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.

(b)  A complete and accurate description of the goods acquired, including any serial numbers, manufacturer's numbers, or other identifying marks or characteristics.

(c)  A description of the person from whom the goods were acquired, including:

1.  Full name, address, workplace, and home and work phone numbers.

2.  Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.

(d)  Any other information required by the form approved by the Department of Law Enforcement.

(2)  The secondhand dealer shall require verification of the identification by the exhibition of a government-issued photographic identification card such as a driver's license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon.

(3)  The seller shall sign a statement verifying that the seller is the rightful owner of the goods or is entitled to sell or pledge the goods.

(4)  Any person who knowingly gives false verification of ownership or who gives a false or altered identification, and who receives money from a secondhand dealer for goods sold or pledged commits:

(a)  If the value of the money received is less than $300, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(b)  If the value of the money received is $300 or more, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(5)  Secondhand dealers are exempt from the provisions of this section for all transactions involving secondhand sports equipment except secondhand sports equipment that is permanently labeled with a serial number.

History.--s. 2, ch. 89-533; s. 1, ch. 90-192; s. 2, ch. 90-318; s. 4, ch. 91-429; s. 2, ch. 98-30.