Florida Statutes 538.36 – Acts and practices prohibited; penalties
Current as of: 2023 | Check for updates
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(1) Any dealer not registered with the department as a mail-in secondhand precious metals dealer, or who fails to comply with this part, commits a felony of the third degree for each completed transaction, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If an officer or corporation is convicted or found guilty of, or pleads nolo contendere to, any such offense, the officer or corporation may not operate thereafter for 1 year as a mail-in secondhand precious metals dealer within the state.
(2) Any person who knowingly gives false personal identifying information to the dealer, who provides a driver license number or government-issued identification number that does not belong to him or her, or who makes any false statement with respect to being of lawful age or his or her ownership of goods, and who receives payment from the dealer commits:
For details, see Fla. Stat. § 775.082(3)(d) and Fla. Stat. § 775.082(3)(e)
(a) If the value of the money received is less than $300, 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 538.36
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Revenue. See Florida Statutes 538.31
- Mail-in secondhand precious metals dealer: means any person or entity that:1. See Florida Statutes 538.31
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- 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
- Precious metals: means any item containing any gold, silver, or platinum, or any combination thereof. See Florida Statutes 538.31
- Transaction: includes any event relating to the purchase of secondhand precious metals or jewelry by a mail-in secondhand precious metals dealer. See Florida Statutes 538.31
(3) The penalty provisions of s. 538.07 apply to any dealer who knowingly violates any provision of this part.