2011 Florida Statutes
Recordkeeping requirements; penalties.
Recordkeeping requirements; penalties.
538.04 Recordkeeping requirements; penalties.—
(1) Secondhand dealers shall complete a secondhand dealers transaction form at the time of the actual transaction. A secondhand dealer shall maintain a copy of a completed transaction form on the registered premises for at least 1 year after the date of the transaction. However, the secondhand dealer shall maintain a copy of the transaction form for not less than 3 years. Unless other arrangements have been agreed upon by the secondhand dealer and the appropriate law enforcement agency, the secondhand dealer shall, within 24 hours after the acquisition of any secondhand goods, deliver to the police department of the municipality where the goods were acquired or, if the goods were acquired outside of a municipality, to the sheriff’s department of the county where the goods were acquired, a record of the transaction on a form approved by the Department of Law Enforcement. Such record shall contain:
(a) The time, date, and place of the transaction.
(b) A complete and accurate description of the goods acquired, including the following information, if applicable:
1. Brand name.
2. Model number.
3. Manufacturer’s serial number.
5. Color, as apparent to the untrained eye.
6. Precious metal type, weight, and content if known.
7. Gemstone description, including the number of stones, if applicable.
8. In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and finish.
9. Any other unique identifying marks, numbers, or letters.
(c) A description of the person from whom the goods were acquired, including:
1. Full name, current residential address, workplace, and home and work phone numbers.
2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.
3. The right thumbprint, free of smudges and smears, of the person from whom the goods were acquired.
(d) Any other information required by the form approved by the Department of Law Enforcement.
(2) The secondhand dealer shall require verification of the identification by the exhibition of a government-issued photographic identification card such as a driver’s license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon.
(3) The seller shall sign a statement verifying that the seller is the rightful owner of the goods or is entitled to sell, consign, or trade the goods.
(4) Any person who knowingly gives false verification of ownership or who gives a false or altered identification, and who receives money from a secondhand dealer for goods sold, consigned, or traded commits:
(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.
(5) Secondhand dealers are exempt from the provisions of this section for all transactions involving secondhand sports equipment except secondhand sports equipment that is permanently labeled with a serial number.
(6) If the appropriate law enforcement agency supplies a secondhand dealer with appropriate software and the secondhand dealer has computer capability, secondhand dealer transactions shall be electronically transferred. If a secondhand dealer does not have computer capability, the appropriate law enforcement agency may provide the secondhand dealer with a computer and all necessary equipment for the purpose of electronically transferring secondhand dealer transactions. The appropriate law enforcement agency shall retain ownership of the computer, unless otherwise agreed upon. The secondhand dealer shall maintain the computer in good working order, ordinary wear and tear excepted. If the secondhand dealer transfers secondhand dealer transactions electronically, the secondhand dealer is not required to also deliver to the appropriate law enforcement agency the original or copies of the secondhand transaction forms. For the purpose of a criminal investigation, the appropriate law enforcement agency may request that the secondhand dealer produce an original of a transaction form that has been electronically transferred. The secondhand dealer shall deliver this form to the appropriate law enforcement agency within 24 hours after the request.
(7) If the original transaction form is lost or destroyed by the appropriate law enforcement agency, a copy may be used by the secondhand dealer as evidence in court. When an electronic image of a customer’s identification is accepted for a transaction, the secondhand dealer must maintain the electronic image in order to meet the recordkeeping requirements applicable to the original transaction form. If a criminal investigation occurs, the secondhand dealer shall, upon request, provide a clear and legible copy of the image to the appropriate law enforcement agency.
History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 2, ch. 90-318; s. 4, ch. 91-429; s. 2, ch. 98-30; s. 2, ch. 2006-201.