538.09 Registration. ---
(1) A secondhand dealer shall not engage in the business of
purchasing, consigning, or pawning secondhand goods from any location without
registering with the Department of Revenue. A fee equal to the federal and
state costs for processing required fingerprints must be submitted to the
department with each application for registration. One application is
required for each dealer. If a secondhand dealer is the owner of more than
one secondhand store location, the application must list each location, and
the department shall issue a duplicate registration for each location. For
purposes of subsections (4) and (5) of this section, these duplicate
registrations shall be deemed individual registrations. A dealer shall pay a
fee of $6 per location at the time of registration and an annual renewal fee
of $6 per location on October 1 of each year. All fees collected, less costs
of administration, shall be transferred into a trust fund to be established
and entitled the Secondhand Dealer and Secondary Metals Recycler Clearing
Trust Fund. The Department of Revenue shall forward the full set of
fingerprints to the Department of Law Enforcement for state and federal
processing, provided the federal service is available, to be processed for
any criminal justice information as defined in s. 943.045. The cost of
processing such fingerprints shall be payable to the Department of Law
Enforcement by the Department of Revenue. 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.
(a) If the applicant is a partnership, all the partners must
apply.
(b) If the applicant is a joint venture, association, or other
noncorporate entity, all members of such joint venture, association, or other
noncorporate entity must make application for registration as natural
persons.
(c) If the applicant is a corporation, the registration must include
the name and address of such corporation's registered agent for service of
process in the state and a certified copy of statement from the Secretary of
State that the corporation is duly organized in the state or, if the
corporation is organized in a state other than Florida, a certified copy of
statement from the Secretary of State that the corporation is duly qualified
to do business in this state. 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.
(2) The secondhand dealer shall furnish with his registration a
complete set of his fingerprints, certified by an authorized law enforcement
officer, and a recent fullface photographic identification card of himself.
The Department of Law Enforcement shall report its findings to the Department
of Revenue within 30 days after the date fingerprint cards are submitted for
criminal justice information.
(3) The secondhand dealer's registration shall be conspicuously
displayed at his principal place of business. A secondhand dealer must hold
secondhand goods at the registered location until 15 days after the
secondhand transaction or until any extension of the holding period has
expired, whichever is later, and must retain records of each transaction
which is not specifically exempted by this chapter. A secondhand dealer
shall not dispose of property at any location until the holding period has
expired unless the transaction is specifically exempted by this
chapter.
(4) The department may impose a civil fine of up to $10,000 for
each violation of this section, which fine shall be transferred into the
General Revenue Fund. If the fine is not paid within 60 days, the department
may bring a civil action under s. 120.69 to recover the fine.
(5) In addition to the fine provided in subsection (4),
registration under this section may be denied or any registration granted may
be revoked, restricted, or suspended by the department if the department
determines that the applicant or registrant:
(a) Has violated any provision of this chapter or any rule or order
made pursuant to this chapter;
(b) Has made a material false statement in the application for
registration;
(c) Has been guilty of a fraudulent act in connection with any
purchase or sale or has been or is engaged in or is about to engage in any
practice, purchase, or sale which is fraudulent or in violation of the
law;
(d) Has made a misrepresentation or false statement to, or concealed
any essential or material fact from, any person in making any purchase or
sale;
(e) Is making purchases or sales through any business associate not
registered in compliance with the provisions of this chapter;
(f) Has, within the preceding 5-year period, been convicted of, or
has entered a plea of guilty or nolo contendere to, a crime against the laws
of this state or any other state or of the United States which relates to
registration as a secondhand dealer or which involves theft, larceny, dealing
in stolen property, receiving stolen property, burglary, embezzlement,
obtaining property by false pretenses, possession of altered property, any
felony drug offense, any violation of s. 812.015, or any fraudulent or
dishonest dealing;
(g) Has had a final judgment entered against him in a civil action
upon grounds of fraud, embezzlement, misrepresentation, or deceit; or
(h) Has failed to pay any sales tax owed to the Department of
Revenue.
In the event the department determines to deny an application or revoke a
registration, it shall enter a final order with its findings on the register
of secondhand dealers and their business associates, if any; and denial,
suspension, or revocation of the registration of a secondhand dealer shall
also deny, suspend, or revoke the registration of such secondhand dealer's
business associates.
History: s. 2, ch. 89-533; s. 1, ch. 90-192; s. 5, ch. 90-318; s. 4, ch. 91-429;
s. 3, ch. 92-79; s. 16, ch. 94-353.