The Florida Senate

538.15  Certain acts and practices prohibited.--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;

(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.

(4)  Engage in both pawn transactions and title loan transactions from the same secondhand dealer location.

(5)  Use the word "pawn" or "pawnbroker" in any transaction, documentation, advertising or promotional materials, signs, displays, banners, or other materials of any nature relating to the secondhand dealer's business if the secondhand dealer engages in title loan transactions.

History.--s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 3, ch. 95-287; s. 747, ch. 97-103.