Florida Statutes 538.23 – Violations and penalties
Current as of: 2023 | Check for updates
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(1)(a) Except as provided in paragraph (b), a secondary metals recycler who knowingly and intentionally:
2. Engages in a pattern of failing to keep records required by s. 538.19;
3. Violates s. 538.26(2); or
4. Violates s. 538.235,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the second degree | up to 15 years | up to $10,000 |
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 538.23
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Revenue. See Florida Statutes 538.18
- Money: means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. See Florida Statutes 538.18
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Purchase transaction: means a transaction in which a secondary metals recycler gives consideration for regulated metals property. See Florida Statutes 538.18
- Regulated metals property: means any item composed primarily of any nonferrous metals. See Florida Statutes 538.18
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Secondary metals recycler: means any person who:(a) Is engaged, from a fixed location, in the business of purchase transactions or gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or(b) Has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof. See Florida Statutes 538.18
(2) A secondary metals recycler is presumed to know upon receipt of stolen regulated metals property in a purchase transaction that the regulated metals property has been stolen from another if the secondary metals recycler knowingly and intentionally fails to maintain the information required in s. 538.19 and shall, upon conviction of a violation of s. 812.015, be punished as provided in s. 812.014(2) or (3).
(3) Any person who knowingly gives false verification of ownership or who gives a false or altered identification and who receives money or other consideration from a secondary metals recycler in return for regulated metals property commits:
(4) If a lawful owner recovers stolen regulated metals property from a secondary metals recycler who has complied with this part, and the person who sold the regulated metals property to the secondary metals recycler is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the defendant to make full restitution, including, without limitation, attorneys’ fees, court costs, and other expenses to the secondary metals recycler pursuant to s. 775.089.