§ 22-112. Exceptions to provisions of article.

This article does not apply to:

(1)

Any secondhand goods transaction involving an organization or entity registered with the state as a nonprofit, religious or charitable organization or any school-sponsored association or organization other than a secondary metals recycler subject to the provisions of F.S. § 538.18 et seq.

(2)

A law enforcement officer acting in an official capacity.

(3)

A trustee in bankruptcy, executor, administrator or receiver who has presented proof of such status to the secondhand dealer.

(4)

Any public official acting under judicial process or authority who has presented proof of such status to the secondhand dealer.

(5)

A sale on the execution, or by virtue of any process issued by a court, if proof has been presented to the secondhand dealer.

(6)

Any garage sale operator who holds garage sales less than ten weekends per year.

(7)

Any person at antique, coin or collectible shows or sales.

(8)

Any person who sells household personal property as an agent for the property owner or their representative pursuant to a written agreement at that person's residence.

(9)

The purchase, consignment or pawn of secondhand goods from one secondhand dealer to another secondhand dealer when the selling secondhand dealer has complied with the requirements of this article.

(10)

Any person accepting a secondhand good as a trade-in for a similar item of greater value.

(11)

Any person purchasing, consigning or pawning secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market.

(12)

Any auction business as defined in F.S. § 468.382(1).

(13)

Any business that is registered with the state department of revenue for sales tax purposes as an antique dealer pursuant to F.S. ch. 212 and that purchases secondhand goods from the property owner or his representative at the property owner's residence pursuant to a written agreement that states the name, address and telephone number of the property owner and the type of property purchased.

(14)

Any person purchasing, consigning or pawning secondhand goods ordered by mail, computer-assisted shopping, media-assisted, media-facilitated, or media-solicited shopping or shopping by other means of media communication, including but not limited to direct mail advertising, unsolicited distribution of catalogs, television, radio or other electronic media, telephone, magazine or newspaper advertising, so long as such person is in this state at the time of the order.

(15)

A motor vehicle dealer as defined in F.S. § 320.27.

(16)

Secondary metals recyclers regulated under F.S. § 538.18 et seq. except for F.S. § 538.11, which applies to both secondhand dealers and secondary metals recyclers.

(Ord. No. 96-22, § I(96-34), 3-4-1996)

State law reference

Similar provisions, F.S. § 538.03(2), (3).