Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 25, 2014
REVISED February 25, 2014 - Regular Meeting
Agenda Item #33

Ordinance No. 14-12, Regulation of Secondhand Dealers

Briefing Provided Upon Request

Contact and/or Presenter Information

Michele Hall, Esq., General Counsel, MSO
James A. Minix, Esq., Chief Asst. County Atty.
Jo Ann Grace, Legal Assistant, Ext. 3750

Action Requested
Motion to adopt proposed Ordinance No. 14-12 regarding the regulation of Secondhand Dealers, creating a new Article VIII and amending Sections 2-19-100 through 2-19-108, of the Manatee County Code.

Enabling/Regulating Authority
Section 125.01 and Chapter 538, Part I, Florida Statutes.

Background Discussion
  • This is an MSO prepared ordinance dealing with the regulation of Secondhand Goods Dealers. A description of the ordinance has been prepared by the Sheriff's general counsel, Michele Hall, and is an attachment to this agenda.
  • The proposed ordinance is more restrictive in its application than Section 538, Part I, Fla. Stat. as permitted by Section 538.28. The MSO has prepared a comparison table showing the restrictive changes to the statute that are  made by the ordinance. See attached Table 1.
  • The ordinance adds no new persons or businesses for regulation that were not already included in Chapter 538, Fla. Stat. That chapter excludes, among other businesses, non-profit or charitable organizations, garage sales, antique, coin or collectible sales, household personal property sold by the agent of a property owner, the purchase or consignment or trade of secondhand goods from one dealer to another, and any persons selling their own personal property. See Section 538.03(2) for a complete list of exempt persons and businesses.
  • This ordinance applies to both the unincorporated and incorporated areas of Manatee County.

The County Attorney's Office has assisted and facilitated this agenda item for the MSO but makes no recommendation as to the proposed ordinance. The MSO will attend the public hearing and make its presentation to the Board.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

See the following attached documents:

1)   Proposed Ordinance No. 14-12;
2)   Memo from MSO counsel dated 1/17/14 and attached Table 1;
3)   Chapter 538, Fla. Stat., Part I; and,
4)   Notice of Public Hearing.

Reviewing Attorney

Instructions to Board Records

Please return a fully approved and complete copy of this agenda package to: joann.grace@mymanatee.org.

Thank you.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Memo &Table1.pdf
Attachment:  Ch 538 FS.pdf
Attachment:  Ntc of Publ-revised-Ord 14-12.pdf
Attachment:  Secondhand Dealers Ord No 14-12.pdf
Attachment:  Secondhand Dealers Publication Ntc w Affidavit.pdf