Buying Gold and Jewelry From the Public in Florida
What a Florida secondhand dealer must record and report under chapter 538, and how long to hold jewelry and precious metal.
General information, not legal advice. This page summarizes the state statute and regulator pages linked beside each point. Laws change, and cities and counties can add their own rules. Check with your local police department, sheriff or licensing authority, or a licensed attorney in your state, before you rely on it.
Sources read and checked on . Anything we could not confirm at a primary source is marked Unverified.
Short answer: In Florida, a business that buys secondhand jewelry or precious metals from the public is a secondhand dealer under chapter 538. Register with the Department of Revenue. For every buy, complete a transaction form with photos, the seller’s photo ID details, a full description and their right thumbprint; deliver it to law enforcement within 24 hours; hold jewelry and precious metal for 30 calendar days; and keep records for 3 years.
Who these rules cover
A secondhand dealer is any person or business engaged in purchasing, consigning or trading secondhand goods, other than a secondary metals recycler (Fla. Stat. §538.03(1)(h)). Secondhand goods are personal property previously owned or used and bought, consigned or traded as used property (§538.03(1)(i)). Precious metals means any item containing gold, silver or platinum, apart from certain industrial, dental and electronic materials (§538.03(1)(f)).
Secondhand goods do not include coins, costume jewelry, or gold, silver, platinum, palladium or rhodium bullion that has been assayed and is properly marked for weight and fineness (§538.03(1)(i)). The chapter also does not apply to, among others (§538.03(2)):
- a person accepting a secondhand good as a trade-in for a similar item of greater value;
- a purchase from another secondhand dealer that has complied with the chapter;
- people at antique, coin or collectible shows or sales.
Licensed pawnbrokers also have their own act (chapter 539), which this page does not cover.
Registration
- Register with the Department of Revenue before buying from any location; one application per dealer, listing every location (§538.09(1)).
- Fee: $6 per location, and $6 per location to renew on 1 October each year, plus the cost of processing fingerprints (§538.09(1)).
- Submit a complete set of fingerprints and a recent full-face photo ID (§538.09(2)).
- Display the registration at the registered location (§538.09(3)).
At the counter: buy checklist
Complete a secondhand dealer transaction form at the time of the transaction (§538.04(1)). It must contain:
- Time, date and place of the transaction.
- A complete and accurate description of the goods, where applicable: brand, model, serial number, size, color, precious metal type, weight and content if known, gemstone description including the number of stones, and any other unique marks, numbers or letters.
- Digital photographs of the goods, clearly showing the items described (§538.04(1)(c)).
- The seller’s full name, current home address, workplace, and home and work phone numbers.
- The seller’s height, weight, date of birth, race, gender, hair color, eye color and any other identifying marks.
- The seller’s right thumbprint, free of smudges and smears (§538.04(1)(d)).
- Any other information the form approved by the Florida Department of Law Enforcement asks for.
- Verify ID from a government-issued photographic ID, such as a driver license or military ID, and record the type, issuing agency and number (§538.04(2)).
- The seller signs a statement that they are the rightful owner or are entitled to sell (§538.04(3)).
- Take physical possession of the goods. Accepting title or another security interest instead of possession is a misdemeanor (§538.06(2)).
- Do not deal with anyone under 18, anyone visibly under the influence of drugs or alcohol, or anyone using a name other than their own (§538.15(1)).
- Do not open or trade between 10 p.m. and 8 a.m., and do not buy at a drive-through window (§538.15(2)).
Reporting to law enforcement
- Unless you agree other arrangements with them, deliver a record of the transaction to the appropriate law enforcement official within 24 hours after acquiring the goods, on a form approved by the Department of Law Enforcement (§538.04(1)).
- The appropriate official is the county sheriff; inside a city, it is both the police chief and the sheriff, unless they designate another officer (§538.03(1)(b)).
- If that official supplies software and you have computer capability, you must transmit electronically. Then you do not also need to deliver paper forms, though police can ask for an original within 24 hours of a request (§538.04(6)).
- Unverified Many Florida agencies use a commercial system such as LeadsOnline for this. We have not confirmed which counties use which system, so ask your sheriff or police department.
Hold period
- Do not sell, barter, exchange, alter, adulterate, use or dispose of a secondhand good that is a precious metal, a gemstone or jewelry within 30 calendar days after you acquire it. Most other goods are 15 days (§538.06(1)(a)).
- The hold does not apply when the original seller redeems or buys back the goods, if you can produce the original record and verify it is the same person (§538.06(1)).
- Hold the goods at the registered location for the full period (§538.09(3)).
- On probable cause that goods are stolen, an officer can place a 90-day written hold; a court can extend it (§538.06(3)).
Record-keeping
- Keep a copy of each transaction form on the registered premises for at least 1 year, and keep it for at least 3 years in total (§538.04(1)). All transaction records are kept for 3 years (§538.06(5)).
- If you accept an electronic image of a customer’s ID, keep that image as part of the record (§538.04(7)).
- Your premises and records are open to inspection by law enforcement during business hours (§538.05).
Local rules
Counties and cities may pass rules that are more restrictive than chapter 538 (§538.17). Check with your county and city.
Penalties
Knowingly breaking the chapter is a first-degree misdemeanor with a fine of up to $10,000 (§538.07(1)). The Department of Revenue can also impose a civil fine of up to $10,000 for each registration violation, and deny, suspend or revoke a registration (§538.09(4)–(5)).
Texas, Florida and California compared
| Rule | Texas | Florida | California |
|---|---|---|---|
| Who must sign up | Register with the Office of Consumer Credit Commissioner (OCCC), each location (Occ. Code §1956.0612) | Register with the Department of Revenue, with fingerprints, each location (Fla. Stat. §538.09) | Secondhand dealer license from your local police chief or sheriff, processed by the state Department of Justice (B&P §21640–21641) |
| Seller ID | Driver’s license, Texas ID certificate or handgun license number, plus date of birth, height, eye color, gender and address (7 TAC §85.2001) | Government-issued photo ID; record type, issuer and number, plus a full physical description (§538.04) | One of the listed IDs, current or issued within 5 years; verified once per transaction (§21628(e), §21628.3) |
| Thumbprint | Not in the state statute or OCCC rule as we read them; check your city ordinance | Right thumbprint required (§538.04(1)(d)) | Legible fingerprint required (§21628(e)(2)) |
| Report to | Police chief (or county sheriff outside a city), within 48 hours, in the way local police approve (§1956.062–.063) | Sheriff, plus the police chief inside a city, within 24 hours; electronically if they supply the software (§538.04) | CAPSS, the state system, by the next business day (§21628, §21630) |
| Hold before melting or selling | Not before the 11th day after the report is filed (§1956.064) | 30 calendar days for precious metal, gemstones and jewelry (§538.06) | 7 days from the CAPSS report (5 days if you record the buyer) (§21636.1) |
| Police hold | Up to 60 days (§1956.064(b)) | 90 days; a court can extend it (§538.06(3)) | Up to 90 days, renewable (§21647) |
| Keep records | 3 years (§1956.063(d)) | 3 years (at least 1 year on the premises) (§538.04, §538.06(5)) | Seller ID records 3 years (§21628(e)) |
| Sellers under 18 | Only with a written parent or guardian consent (§1956.066) | Not allowed (§538.15) | Not allowed for reportable items (§21643) |
Federal rules that sit on top
These apply in every state. They are short summaries; follow the links for the full text.
- Buying over $50,000 a year from the public. A jewelry retailer that bought more than $50,000 of covered goods (precious metals, stones, jewels and jewelry that gets half its value from them) from people other than dealers or retailers in the prior year counts as a “dealer” under the Bank Secrecy Act rules (31 CFR §1027.100). A dealer needs a written anti-money laundering program approved by senior management; for a retailer it need only cover those purchases (31 CFR §1027.210). A trade-in credited to the customer’s account, with no money paid out, is not a purchase for this test (§1027.100(b)(3)).
- Cash you receive over $10,000. Form 8300 is for cash a business receives of more than $10,000 in one transaction or in related transactions, filed within 15 days (IRS Form 8300 reference guide). Cash you pay out to a seller is not cash received.
US Buy Register: early access
We’re building a simple register for jewelers and gold buyers who buy from the public: seller ID capture, a hold clock on every item, and a daily report file for your police department or state system. It is meant to run beside the point-of-sale system you already use.
It is not built yet. Join the early-access list and we’ll email you when there is something to try.
Intended price: from $49 per location per month. Nothing is charged now.
Other states
Compare with Texas and California, or see all three side by side on the US Buy Register page. Need the offer price itself? Our free gold buying price calculator works out melt value and your offer from weight, karat and spot price.
Sources
Each source was read on 20 October 2026.
- The 2026 Florida Statutes, chapter 538, part I (Secondhand Dealers), §§538.03–538.17, Florida Legislature.
- 31 CFR §1027.100 and §1027.210 (eCFR); IRS Form 8300 reference guide.
Frequently asked questions
How long must I hold gold jewelry in Florida before selling or melting it?
30 calendar days after you acquire it, for any secondhand good that is a precious metal, a gemstone or jewelry (Florida Statutes §538.06(1)(a)). The hold does not apply if the original seller redeems or buys back the goods and you can verify it is the same person.
Does Florida require a thumbprint when buying gold?
Yes. The transaction form must include the seller's right thumbprint, free of smudges and smears (§538.04(1)(d)).
When must a Florida secondhand dealer report a purchase?
Within 24 hours after acquiring the goods, on a form approved by the Florida Department of Law Enforcement, unless you agree other arrangements with the appropriate law enforcement official (§538.04(1)). If the official supplies software and you have computer capability, you must transmit electronically (§538.04(6)).
How do I register as a secondhand dealer in Florida?
Register with the Department of Revenue, listing each location. The fee is $6 per location with a $6 annual renewal on 1 October, plus fingerprint processing costs, and you must submit fingerprints and a recent full-face photo ID (§538.09).
Are trade-ins covered by Florida's secondhand dealer law?
Chapter 538 does not apply to a person accepting a secondhand good as a trade-in for a similar item of greater value (§538.03(2)(j)). Coins, costume jewelry and assayed, properly marked bullion are not secondhand goods (§538.03(1)(i)).
Can a Florida gold buyer open late or buy from a 17-year-old?
No. A secondhand dealer may not deal with anyone under 18, and may not be open or do business between 10 p.m. and 8 a.m. (§538.15).