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The Florida Statutes

The 2018 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 538
SECONDHAND DEALERS AND SECONDARY METALS RECYCLERS
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F.S. 538.31
538.31 Definitions; applicability.
(1) As used in this part, the term:
(a) “Department” means the Department of Revenue.
(b) “Jewelry” means a personal ornament that contains precious metals and may contain gemstones.
(c) “Mail-in secondhand precious metals dealer” means any person or entity that:
1. Conducts business within this state and that contracts with other persons or entities to buy precious metals or jewelry through an Internet website, the United States mail, or telemarketing; or
2. Conducts business within this state and regularly engages in the business of purchasing jewelry or precious metals through the mail or Internet-based transactions.
(d) “Precious metals” means any item containing any gold, silver, or platinum, or any combination thereof.
(e) “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.
(f) “Transaction” includes any event relating to the purchase of secondhand precious metals or jewelry by a mail-in secondhand precious metals dealer.
(2) This part does not apply to:
(a) Any person or entity that is available to the public for walk-in business and regulated under part I.
(b) The purchase, consignment, or trade of secondhand precious metals or jewelry with another mail-in secondhand precious metals dealer or secondhand dealer regulated under part I.
History.s. 2, ch. 2009-158; s. 3, ch. 2009-162.