Secondhand Dealers and Secondary Metals Recyclers
2012 Law Changes Affecting Secondhand Dealers and Secondary Metals Recyclers
A new law (Chapter 2012-179, Laws of Florida) revises certain secondhand dealer and secondary metals recycler registration requirements, definitions, penalties, and recordkeeping requirements, beginning July 1, 2012. Read Tax Information Publication (TIP) 12A01-08 for a description of the changes to registration requirements. The changes include:
- If you are in the business of purchasing, consigning, or trading secondhand goods at a flea market and are not registered as a secondhand dealer in the county where the flea market is located, you must get a Certificate of Registration (Form DR-11S) for the flea market location. Complete a Registration Application for Secondhand Dealers and/or Secondary Metals Recyclers (Form DR-1S) and undergo a background investigation (read GT-200403, Electronic Fingerprint Procedures for Secondhand Dealer and Secondary Metals Recycler Applicants).
- The definition of an auction business that is exempt from secondhand dealer registration requirements is revised.
- Record keeping requirements for secondary metals recycler are revised.
Visit the Florida Department of Law Enforcement's website to get the updated secondary metals recycler transaction form and the format for tracking electronic transactions.
Most businesses that sell secondhand goods (for example: household furniture and jewelry) must register as secondhand dealers and comply with record keeping and holding period requirements.
Businesses that conduct business in Florida and contract with persons or entities to buy precious metals or jewelry through a website, the United States mail, or telemarketing must register as mail-in secondhand dealers and comply with record keeping and holding period requirements.
Salvage, scrap metal, and recycling center businesses must register as secondary metals recyclers and comply with record keeping and holding period requirements.
Local law enforcement and three state agencies oversee Florida's secondhand dealers, mail-in secondhand dealers, and secondary metals recyclers.
Department of Revenue has a statewide registration system for secondhand dealers, mail-in secondhand dealers, and secondary metals recyclers and sends registration information to local law enforcement on request. (Chapter 538, Florida Statutes (F.S.), and Rule 12A-17, Florida Administrative Code)
View a chart that shows the number of secondhand dealers and secondary metals recyclers in each Florida county.
Secondhand dealers, mail-in secondhand dealers, and secondary metals recyclers must complete two separate registration applications to conduct business in Florida:
- Registration Application for Secondhand Dealers and/ or Secondary Metals Recyclers (DR-1S). This form is also included in a registration package (GT-200405) that you can download.
- Florida Business Tax Application (Form DR-1). Retailers of secondhand goods and secondary metals must collect sales and use tax from the purchaser at the time of sale. You must register with the Department in each county where you operate a business. We encourage you to register online. For more information about registering and collecting tax, download our brochure.
First-time applicants for a secondhand dealer, mail-in secondhand dealer, or secondary metals recycler registration must undergo a background investigation. Applicants who have a current Certificate of Registration (Form DR-11S) may submit registration applications (Form DR-1S) for additional locations without undergoing a new background investigation.
Each business owner, officer, member, partner, director, and stockholder with a controlling interest in the company must submit fingerprints as part of the background investigation process.
Questions and Answers About Electronic Fingerprinting [ Show all questions/answers | Hide all questions/answers ]
ELECTRONIC FINGERPRINTING - QUESTIONS & ANSWERS
- How do I find a Livescan service provider (electronic fingerprinting) near me?
Applicants submit their fingerprints electronically to a Livescan
service provider approved by the Florida Department of Law Enforcement (FDLE). Choose a service provider from the list on FDLE's website
and complete the fingerprinting process. Applicants are responsible for selecting an approved service provider, completing the fingerprint process, and giving the service provider the Department of Revenue's Originating Agency Identification (ORI) Number (FL 921650Z)
- What information and documentation should I give to the Livescan service provider?
Give the provider the Department of Revenue's Originating Agency Identification (ORI) Number (FL 921650Z). If you do not give the correct ORI number to the service provider, the Department of Revenue (DOR) will not receive your investigation results.
The service provider will tell you what you must bring on the day of fingerprinting. All applicants must bring two forms of identification. One of the IDs must include your picture and signature, such as a driver’s license, state identification card or passport.
- What registrations require me to complete a background investigation?
Registration Application for Secondhand Dealers and/or Secondary Metal Recyclers (DR-1S)
– First-time applicants who do not currently hold a current Certificate of Registration for Secondhand Dealer or Secondary Metals Recycler
(Form DR-11S) and are submitting this application as a new business must undergo a background investigation by electronically submitting fingerprints to a Livescan
service provider approved by the Florida Department of Law Enforcement (FDLE).
Applicants should submit their DR-1S applications at the same time or soon after submitting fingerprints. Download a Registration Application for Secondhand Dealers and/or Secondary Metal Recyclers
A secondhand dealer/secondary metals recycler registration package
) is also available for download. This package includes a registration application (Form DR-1S), electronic fingerprint procedures, a sample secondhand dealer transaction form, a sample secondary metals recycler transaction form, and a brochure.
- How much does electronic fingerprinting cost and who do I pay?
The fee charged for fingerprinting varies by Livescan
service provider. You pay the fee directly to the provider. Choose a service provider from FDLE's website
and contact them to complete the background investigation. The Department of Revenue usually receives fingerprint results within four days after fingerprints are scanned.
- I submitted my fingerprints through an FDLE-approved vendor. However, DOR notified me that they have not received the results of my background check from FDLE. What should I do?
- What should I do if the FBI determines my electronic fingerprints are illegible?
If the Federal Bureau of Investigation (FBI) determines that your prints are not legible, DOR will send a notification letter asking you to go back to the same service provider or a different provider to rescan your prints. Bring your notification letter that includes your TCN (Transaction Control Number) and TCR (Transaction Control Reference). You will repeat the fingerprint scanning process and pay any associated fees.
- Can I use my recent fingerprint results to apply for another professional license?
- If I am located outside Florida, how do I submit my fingerprints?
Secondhand dealer/secondary metals recycler applicants located outside Florida should follow the electronic fingerprint procedures (Form GT-200403
). Fingerprinting instructions are also included in the secondhand dealer/secondary metals recycler registration package (Form GT-200405
- Can I submit my fingerprints using a paper fingerprint card?
Local law enforcement enforces secondhand dealer, mail-in secondhand dealer, and secondary metals recycler compliance with registration, record keeping, holding period, and inspection requirements. Citizens or business owners should call your local police or sheriff's department with questions about these requirements. (Chapter 538, F.S.)
Local law enforcement may call the Department of Revenue at 800-352-3671 or e-mail email@example.com to get the names and addresses of registered secondhand dealers, mail-in secondhand dealers, and secondary metals recyclers in your jurisdiction.
Revenue has a recommended process for revoking a secondhand dealer or secondary metals recycler registration.
Department of Highway Safety & Motor Vehicles (DHSMV) oversees record keeping, proof of ownership, reporting, and enforcement of state laws related to the dismantling or destruction of motor vehicles, recreational vehicles, and mobile homes by salvage motor vehicle dealers and secondary metals recyclers (Chapter 319, F.S.). Depending on the type of materials obtained, certain businesses may be required to register as a secondary metals recycler and a salvage motor vehicle dealer (www.flhsmv.gov). Also see DHSMV Derelict Vehicle Certificate Memo (9/08) or call 850-617-3001.
Florida Department of Law Enforcement (FDLE) approves transaction forms that secondhand dealers and secondary metals recyclers must complete and keep for specified time periods (Chapter 538, F.S.). However, business owners should contact their local police or sheriff’s department to get the correct transaction forms for their area.
- GT-200404 - Secondhand Dealer's Property Form
- Florida Secondary Metals Recycler Purchase Transaction Form – visit FDLE's website to find the form and electronic format.
Note: Chapter 538, Part III, F.S. specifies what information must be collected and retained by mail-in secondhand dealers on each transaction.
Law Enforcement Resources: Organizations that help local law enforcement know about the best methods to recover stolen property and track stolen goods statewide include:
Pawnbrokers: The Florida Department of Agriculture and Consumer Services regulates pawnbrokers according to Chapter 539, F.S. You can find information at: http://www.800helpfla.com/pawnbus.html or call 800-HELP-FLA (435-7352).
Get answers to frequently asked questions.