Administration and oversight of Florida’s secondhand dealers, mail-in secondhand dealer, and secondary metals recyclers is shared by local law enforcement (police and sheriff investigators), the Department of Revenue (Revenue), Florida Department of Highway Safety and Motor Vehicles (DHSMV) and Florida Department of Law Enforcement (FDLE).
Revenue - Registration: Revenue has a statewide registration system for secondhand dealers, secondary metals recyclers, and mail-in secondhand dealers (Chapter 538, Parts I, II, and III, Florida Statutes (F.S.), and Rule 12A-17, Florida Administrative Code). Revenue staff:
Local law enforcement - Enforcement and oversight of registration and recordkeeping requirements: Local law enforcement (primarily sheriff and police chief investigators) is responsible for enforcing secondhand dealer, mail-in secondhand dealer, and secondary metals recycler compliance with registration, holding period, inspection, and recordkeeping requirements (Chapter 538, F.S.).
DHSMV - Enforcement of recordkeeping and reporting requirements related to dismantling and destruction of motor vehicles: DHSMV oversees recordkeeping, 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 (Chapters 319 and 320, F.S.; Chapter 2008-170, Laws of Florida).
FDLE - Secondhand dealer and secondary metals recycler transaction forms: FDLE is required by law to approve two transaction forms that secondhand dealers and secondary metals recyclers must complete and keep for specified time periods. Both forms are posted in PDF on Revenue’s Internet site and may be located by using the standard search function.
You may call Department of Revenue, Secondhand Dealer Unit staff at 850-488-4772 or call Revenue’s tax information phone number 1-800-352-3671.
Citizens or business owners should call your local police or sheriff’s office because they enforce purchasing and recordkeeping requirements.
Call the Department of Highway Safety & Motor Vehicles (DHSMV) at 850-617-3001. A DHSMV September 22, 2008 memo outlines requirements for destroying or dismantling derelict motor vehicles or mobile homes.
The Florida Department of Agriculture and Consumer Services regulates pawnbrokers according to the requirements outlined in Chapter 539, Florida Statutes. You can find information on their web site or call the Department at 1-800-HELP-FLA (435-7352).
Section 538.03, Florida Statutes, defines “secondhand dealer” to be any person, corporation, or other business organization or entity that is not a secondary metals recycler and is engaged in the business of purchasing, consigning, or trading secondhand goods.
Examples of businesses that must register as a secondhand dealer include: consignment stores (excluding stores that consign only clothes), secondhand stores, music stores that sell used music CDs, used tire dealers, used furniture stores (other than office furniture), and sporting goods stores that sell sell certain types of secondhand equipment.
Yes, secondhand dealers must be registered to file and pay sales and use tax.
Read Tax Information Publication (TIP) 09A01-06, posted on Revenue’s website (www.myflorida.com/dor) and review Chapter 2009-158 and Chapter 2009-162, Laws of Florida.
A secondary metals recycler is engaged from a fixed location or otherwise, in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, bailing, wrapping, shredding, shearing, or changing the physical form or chemical content thereof. (section 538.18(8), F.S.).
Salvage, scrap metal (excluding precious metals), and recycling center businesses must register as secondary metals recyclers.
Yes, secondary metals recyclers must be registered to file and pay sales and use tax.
Section 538.31, F.S., defines a mail-in secondhand dealer as any person or entity that: conducts business within Florida 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 conducts business within Florida and regularly engages in the business of purchasing jewelry or precious metals through the mail or Internet-based transactions.
Review sections 538.31, F.S., and 538.03, F.S., for complete definitions. Below are two examples:
Yes, mail-in secondhand dealers must be registered to file and pay sales and use tax.
Read Tax Information Publication (TIP) 09A01-06, posted on Revenue’s website (www.myflorida.com/dor) and review Chapter 2009-158 and Chapter 2009-162, Laws of Florida.
A secondhand dealer or secondary metals recycler must complete two separate registrations in order to conduct business in Florida:
One Registration Application for Secondhand Dealers and/or Secondary Metals Recyclers (Form DR-1S) must be completed for each business location. Each owner, officer, and partner must undergo a background investigation (fingerprint cards, full-face photographs, and fees must be mailed with the DR-1S form).
You can order a secondhand dealers/secondary metals recyclers registration package (GT-200405) from Revenue’s Internet. To order a registration package (GT-200405), go to www.myflorida.com/dor. The registration package is listed under Form Number GT-200405. The registration package (Secondhand Dlr/Second. Metals) includes one Form DR-1S, three FBI fingerprint cards, and other information. If you need more fingerprint cards, select Form Number GT-200406 (FBI Fingerprint Cards only (pkg of 3)). Typically, orders are delivered within seven to ten business days. If you do not have Internet access, call Taxpayer Services.
In early August, Revenue mails personalized DR-1SR (Renewal Application for Secondhand Dealers and/or Secondary Metals Recyclers) forms to all active registrants. Registrants must mail the DR-1SR form to Revenue with the $6 fee per location. In October, personalized DR-1SRS (Renewal Application for Secondhand Dealers and/or Secondary Metals Recyclers - Final Notice) forms are mailed to those who did not return their DR-1SR. If registrants do not timely renew their Certificate of Registration(s) using the DR-1SR or DR-1SRS forms their Certificate of Registration(s) (DR-11S) expire.
A Certificate of Registration (DR-11S) is valid for one year (October 1 - September 30).
Revenue's Secondhand Dealer Unit staff at 850-488-4772 coordinates the secondhand dealer/secondary metals recyclers registration process, including background investigations. Sections 538.09, 538.25, and 538.32, Florida Statutes, give Revenue the authority to deny, revoke, restrict, or suspend a registration if the applicant or registrant has been convicted of certain crimes within specified timeframes.
Background investigations, including fingerprint cards and full-face photographs, are required for each corporate officer, owner, partner, stockholder, and/or director with a controlling interest. A registration application cannot be processed and a Temporary Certificate of Registration may not be issued until Revenue staff receives fingerprint cards and photographs for ALL business owners, officers, partners and directors or stockholders with a controlling interest.
Every applicant must use an FBI fingerprint card provided by the Department of Revenue and have it completed by a local law enforcement officer. Fingerprint cards (GT-200406) are included in the secondhand dealers/secondary metals recyclers registration package (GT-200405).
You can order a secondhand dealers/secondary metals recyclers registration packet (GT-200405) and fingerprint cards (GT-200406) from Revenue’s Internet forms page. Orders are typically received within 7-10 business days.
A business partner who lives outside of Florida should get an FBI fingerprint card from the Department of Revenue (order the fingerprint cards online or call 850-488-4772 or 800-352-3671) and bring it to a local police or sheriff’s department to complete. Your secondhand dealers/secondary metals recyclers registration application cannot be processed and your Temporary Certificate of Registration may not be issued until Revenue staff receives fees, fingerprint cards, and photographs for all business owners, officers, partners and directors or stockholders with a controlling interest.
Yes, you will receive a Temporary Certificate of Registration letter from Revenue that allows you to operate your business while the background investigation paperwork is being processed. However, your registration application cannot be processed and your Temporary Certificate of Registration may not be issued until Revenue staff receives required fees, and properly completed fingerprint cards and photographs for all business owners, officers, partners, and directors or stockholders with a controlling interest.
Yes, dealers and secondary metals recyclers must conspicuously display their Certificate of Registration (DR-11S) at each registered location. While a mail-in secondhand dealer is not open to the public for walk-in business, the Certificate of Registration must be conspicuously displayed for inspection by local law enforcement (section 538.09(3), F.S.).
It depends on the circumstances. A Certificate of Registration (DR-11S) is issued for each business location. When a business moves, the owner should call Revenue's Secondhand Dealer Unit at 850-488-4772.
Local law enforcement staff (sheriff and police detectives and investigators) enforces compliance with Chapter 538, Florida Statutes. Victims of stolen property report their incidents to local law enforcement. Local law enforcement works to ensure that the secondhand dealers, mail-in secondhand dealers, and secondary metal recyclers comply with all registration, holding period, inspection, and recordkeeping requirements.
Revenue is authorized to send local law enforcement a list of all registered secondhand dealers, mail-in secondhand dealers, and secondary metals recyclers within their jurisdiction. Registration information, in spreadsheet format, and includes business owners’ names, addresses, and certificate of registration numbers.
Law enforcement may request a registration report for their jurisdiction by calling Revenue's Secondhand Dealer Unit at 850-488-4772 or by e-mailing sapolskj@dor.state.fl.us.
Florida law (sections 538.04 and 538.19, F.S.) require FDLE to approve transaction forms for secondhand dealer transactions and secondary metal purchase transactions.
FFDLE is required by law to approve two transaction forms that secondhand dealers and secondary metals recyclers must complete and keep for specified time periods. Both forms are posted in PDF on Revenue’s Internet (www.myflorida.com/dor).
There is no FDLE-approved transaction form for mail-in secondhand dealers; section 538.32, F.S., specifies the information that must be retained for each transaction. Mail-in secondhand dealers may contact local law enforcement about recommended transaction forms.
You may use a transaction form approved by your local law enforcement in lieu of the FDLE-approved form if it captures the information required by Chapter 538, Parts I, II, and III, F.S. Secondhand dealers and secondary metals recyclers should consult their local law enforcement about what transaction forms must be used within their jurisdiction.
Mail-in secondhand dealers must comply with the transaction recordkeeping requirements provided in section 538.32, F.S. (there is no FDLE-approved form for mail-in secondhand dealers).
Based on 2008 statutory changes to Chapter 538, Florida Statutes, FDLE approved a specific, hard copy version of a “Florida Secondary Metals Recycler Purchase Transaction Form”, for use by secondary metals recyclers in maintaining the information required by Section 538.19(2),Florida Statutes (F.S.). (Note: Section 538.19(5), F.S., reduces that the amount of information which must be recorded for purchase transactions between two registered secondary metal recyclers).
FDLE believes the 2008 changes in law permit the use of alternative, electronic versions of this form by secondary metals recycler dealers who record the required information in automated databases. These business owners may print out the information required under Section 538.19(2), F.S., in formats which differ from the FDLE-approved hard copy version, as long as all of the information required by section 538.19, F.S., is provided, including the seller’s oath of ownership and electronic signature, and an electronic image of the seller’s right thumbprint without smudges and smears.
If there is a disagreement between a business owner and local law enforcement about the sufficiency of an electronic form, the business owner may submit the form to FDLE for review. FDLE’s review will be limited to whether the form meets the statutory requirements of Section 538.19, F.S. FDLE will provide the business owner with a written response as to the approval or disapproval of the electronic form.
If you have any questions about transaction forms, call the FDLE Office of Planning and Policy, 850-410-8335.
DHSMV reviews and processes applications for derelict certificates which are submitted by either licensed salvage motor vehicle dealers or registered secondary metals recyclers. This ensures the statutory requirements for a derelict certificate are met prior to the vehicle or mobile home being crushed or dismantled. This information is maintained on a DHSMV database to ensure a complete paper trail for the vehicle or mobile home.
Read the DHSMV Derelict Vehicle Certificate Memo (9/08) and if you need more information, call the Division of Motor Vehicles at 850-617-3001.
Department of Revenue provides DHSMV with a list of all registered secondary metals recyclers who are authorized to obtain derelict certificates.