Florida Senate - 2012                                    SB 1324
       
       
       
       By Senator Norman
       
       
       
       
       12-00986-12                                           20121324__
    1                        A bill to be entitled                      
    2         An act relating to the theft of copper; amending s.
    3         538.18, F.S.; redefining the terms “regulated metals
    4         property” and “secondary metals recycler”; defining
    5         the term “copper”; amending s. 538.23, F.S.; requiring
    6         that a secondary metals recycler execute a bond in a
    7         specified amount for the benefit of any person
    8         wrongfully injured by malfeasance, misfeasance,
    9         neglect of duty, or incompetence by the secondary
   10         metals recycler for purchasing regulated metals
   11         property stolen from an electrical substation site;
   12         requiring that the bond be renewed annually; amending
   13         s. 538.26, F.S.; prohibiting a secondary metals
   14         recycler from purchasing regulated metals property
   15         from a seller under certain circumstances; amending s.
   16         812.145, F.S.; providing that a person who removes or
   17         assists another to remove copper or other nonferrous
   18         metals from an electrical substation site commits a
   19         felony of the first degree; providing criminal
   20         penalties; reenacting s. 319.30(1)(u), F.S., relating
   21         to the dismantling, destruction, change of identity,
   22         or salvage of a motor vehicle or mobile home, to
   23         incorporate the amendment made to s. 538.18, F.S., in
   24         a reference thereto; providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsections (7) and (8) of section 538.18,
   29  Florida Statutes, are amended, and subsection (10) is added to
   30  that section, to read:
   31         538.18 Definitions.—As used in this part, the term:
   32         (7) “Regulated metals property” means any item composed
   33  primarily of any nonferrous metals, including copper, but does
   34  shall not include aluminum beverage containers, used beverage
   35  containers, or similar beverage containers. The term includes
   36  shall include stainless steel beer kegs.
   37         (8) “Secondary metals recycler” means any person who:
   38         (a) Is engaged, from a fixed location or otherwise, in the
   39  business of gathering or obtaining ferrous or nonferrous metals
   40  that have served their original economic purpose or is in the
   41  business of performing the manufacturing process by which
   42  ferrous metals or nonferrous metals are converted into raw
   43  material products consisting of prepared grades and having an
   44  existing or potential economic value; or
   45         (b) Has facilities for performing the manufacturing process
   46  by which ferrous metals or nonferrous metals are converted into
   47  raw material products consisting of prepared grades and having
   48  an existing or potential economic value, other than by the
   49  exclusive use of hand tools, by methods including, without
   50  limitation, processing, sorting, cutting, classifying, cleaning,
   51  baling, wrapping, shredding, shearing, or changing the physical
   52  form or chemical content thereof; or.
   53         (c) Purchases ferrous metals or nonferrous metals.
   54         (10) “Copper” means the nonferrous metal known as copper,
   55  and includes, but is not limited to, copper, copper alloy,
   56  copper utility service wire, and copper communications service
   57  wire.
   58         Section 2. Section 538.23, Florida Statutes, is amended to
   59  read:
   60         538.23 Violations and penalties.—
   61         (1)(a) Except as provided in paragraph (b), a secondary
   62  metals recycler who knowingly and intentionally:
   63         1. Violates s. 538.20 or s. 538.21;
   64         2. Engages in a pattern of failing to keep records required
   65  by s. 538.19;
   66         3. Violates s. 538.26(4); or
   67         4. Violates s. 538.235,
   68  
   69  commits a misdemeanor of the first degree, punishable as
   70  provided in s. 775.082.
   71         (b) A secondary metals recycler who commits a third or
   72  subsequent violation of paragraph (a) commits a felony of the
   73  third degree, punishable as provided in s. 775.082, s. 775.083,
   74  or s. 775.084.
   75         (2) A secondary metals recycler is presumed to know upon
   76  receipt of stolen regulated metals property in a purchase
   77  transaction that the regulated metals property has been stolen
   78  from another if the secondary metals recycler knowingly and
   79  intentionally fails to maintain the information required in s.
   80  538.19 and shall, upon conviction of a violation of s. 812.015,
   81  be punished as provided in s. 812.014(2) or (3).
   82         (3) Any person who knowingly gives false verification of
   83  ownership or who gives a false or altered identification and who
   84  receives money or other consideration from a secondary metals
   85  recycler in return for regulated metals property commits:
   86         (a) A felony of the third degree, punishable as provided in
   87  s. 775.082, s. 775.083, or s. 775.084, if the value of the money
   88  or other consideration received is less than $300.
   89         (b) A felony of the second degree, punishable as provided
   90  in s. 775.082, s. 775.083, or s. 775.084, if the value of the
   91  money or other consideration received is $300 or more.
   92         (4) If a lawful owner recovers stolen regulated metals
   93  property from a secondary metals recycler who has complied with
   94  this part, and the person who sold the regulated metals property
   95  to the secondary metals recycler is convicted of theft, a
   96  violation of this section, or dealing in stolen property, the
   97  court shall order the defendant to make full restitution,
   98  including, without limitation, attorney attorneys’ fees, court
   99  costs, and other expenses to the secondary metals recycler
  100  pursuant to s. 775.089.
  101         (5) A person acting as a secondary metals recycler who is
  102  not registered with the department under s. 538.25 commits a
  103  felony of the third degree, punishable as provided in s.
  104  775.082, s. 775.083, or s. 775.084.
  105         (6) A secondary metals recycler shall execute a bond in the
  106  amount of $1.5 million with a surety company authorized to do
  107  business in this state for the benefit of any person wrongfully
  108  injured by any malfeasance, misfeasance, neglect of duty, or
  109  incompetence by the secondary metals recycler for purchasing
  110  regulated metals property stolen from an electrical substation
  111  site. Such bond shall be renewed annually.
  112         Section 3. Subsections (6), (7), and (8) are added to
  113  section 538.26, Florida Statutes, to read:
  114         538.26 Certain acts and practices prohibited.—It is
  115  unlawful for a secondary metals recycler to do or allow any of
  116  the following acts:
  117         (6) Purchase regulated metals property from a seller who
  118  uses a name other than his or her own name or the registered
  119  name of the seller’s business.
  120         (7) Purchase regulated metals property from a seller who is
  121  younger than 18 years of age.
  122         (8) Purchase regulated metals property from a seller who is
  123  under the influence of drugs or alcohol if such condition is
  124  visible or apparent.
  125         Section 4. Subsection (2) of section 812.145, Florida
  126  Statutes, is amended to read:
  127         812.145 Theft of copper or other nonferrous metals.—
  128         (2) A person who knowingly and intentionally takes copper
  129  or other nonferrous metals from a utility or communications
  130  services provider, thereby causing damage to the facilities of a
  131  utility or communications services provider, interrupting or
  132  interfering with utility service or communications services, or
  133  interfering with the ability of a utility or communications
  134  services provider to provide service, or who removes or assists
  135  with the removal of copper or other nonferrous metals from an
  136  electrical substation site, commits a felony of the first
  137  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  138  775.084.
  139         Section 5. For the purpose of incorporating the amendment
  140  made by this act to section 538.18, Florida Statutes, in a
  141  reference thereto, paragraph (u) of subsection (1) of section
  142  319.30, Florida Statutes, is reenacted to read:
  143         319.30 Definitions; dismantling, destruction, change of
  144  identity of motor vehicle or mobile home; salvage.—
  145         (1) As used in this section, the term:
  146         (u) “Secondary metals recycler” means secondary metals
  147  recycler as defined in s. 538.18(8).
  148         Section 6. This act shall take effect October 1, 2012.