§ 538.31 Definitions; applicability
§ 538.32 Registration, transaction, and recordkeeping requirements; penalties
§ 538.33 Tendering payment
§ 538.34 Inspection of records and premises
§ 538.35 Holding period
§ 538.36 Acts and practices prohibited; penalties
§ 538.37 Powers and duties of department

Terms Used In Florida Statutes > Chapter 538 > Part III

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Board: means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, including the Florida Real Estate Commission; except that, for ss. See Florida Statutes 526.50
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 526.50
  • Department: means the Department of Revenue. See Florida Statutes 538.31
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Jewelry: means a personal ornament that contains precious metals and may contain gemstones. See Florida Statutes 538.31
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: means any permit, registration, certificate, or license issued by the department. See Florida Statutes 526.50
  • Licensee: means any person issued a permit, registration, certificate, or license by the department. See Florida Statutes 526.50
  • Mail-in secondhand precious metals dealer: means any person or entity that:
  • 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 88.6011
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precious metals: means any item containing any gold, silver, or platinum, or any combination thereof. See Florida Statutes 538.31
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Profession: means any activity, occupation, profession, or vocation regulated by the department in the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation. See Florida Statutes 526.50
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Seller: means any person or entity offering precious metals or jewelry for purchase which belong solely to that person or entity and has absolute authority to sell such goods. See Florida Statutes 538.31
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011