Florida Statutes 538.15 – Certain acts and practices prohibited
Current as of: 2023 | Check for updates
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It is unlawful for a secondhand dealer or any employee thereof to do or allow any of the following acts:
(1) Knowingly make a transaction with:
(a) Any person who is under the influence of drugs or alcohol when such condition is visible or apparent;
Terms Used In Florida Statutes 538.15
- Department: means the Department of Revenue. See Florida Statutes 538.03
- 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
- Secondhand dealer: means any person, corporation, or other business organization or entity which is not a secondary metals recycler subject to part II and which is engaged in the business of purchasing, consigning, or trading secondhand goods. See Florida Statutes 538.03
- Secondhand store: means the place or premises at which a secondhand dealer is registered to conduct business as a secondhand dealer or conducts business. See Florida Statutes 538.03
- Transaction: means any purchase, consignment, or trade of secondhand goods by a secondhand dealer. See Florida Statutes 538.03
(b) Any person under the age of 18 years; or
(c) Any person using a name other than her or his own name or the registered name of her or his business.
(2) Have a secondhand store open or engage in or conduct business as a secondhand dealer between the hours of 10 p.m. and 8 a.m. A secondhand dealer shall not conduct any transaction at a drive-through window or similar device.
(3) Fail to pay any sales tax owed to the Department of Revenue or fail to have a sales tax registration number.