Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 540
       
       
       
       
       
       
                                Barcode 197568                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/09/2012           .                                
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       The Committee on Commerce and Tourism (Montford) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 538.03, Florida
    6  Statutes, is reordered and amended, paragraphs (m) through (q)
    7  of subsection (2) of that section are redesignated as paragraphs
    8  (k) through (o), respectively, and present paragraphs (k), (l),
    9  and (n) of that subsection are amended, to read:
   10         538.03 Definitions; applicability.—
   11         (1) As used in this part, the term:
   12         (g)(a) “Secondhand dealer” means any person, corporation,
   13  or other business organization or entity that which is not a
   14  secondary metals recycler subject to part II and that which is
   15  engaged in the business of purchasing, consigning, or trading
   16  secondhand goods. A secondary metals recycler may not act as a
   17  secondhand dealer without also conforming to the requirements
   18  for a secondhand dealer pursuant to this part.
   19         (f)(b) “Precious metals dealer” means a secondhand dealer
   20  who normally or regularly engages in the business of buying used
   21  precious metals for resale. The term does not include those
   22  persons involved in the bulk sale of precious metals from one
   23  secondhand or precious metals dealer to another.
   24         (i)(c) “Secondhand store” means the place or premises at
   25  which a secondhand dealer is registered to conduct business as a
   26  secondhand dealer or conducts business.
   27         (c)(d) “Consignment shop” means a shop engaging in the
   28  business of accepting for sale, on consignment, secondhand goods
   29  that which, having once been used or transferred from the
   30  manufacturer to the dealer, are then received into the
   31  possession of a third party.
   32         (a)(e) “Acquire” means to obtain by purchase, consignment,
   33  or trade.
   34         (h)(f) “Secondhand goods” means personal property
   35  previously owned or used, which is not regulated metals property
   36  regulated under part II and which is purchased, consigned, or
   37  traded as used property. Such secondhand goods do not include
   38  office furniture, pianos, books, clothing, organs, coins, motor
   39  vehicles, costume jewelry, cardio and strength training or
   40  conditioning equipment designed primarily for indoor use, and
   41  secondhand sports equipment that is not permanently labeled with
   42  a serial number. For purposes of this paragraph, “secondhand
   43  sports equipment” does not include golf clubs.
   44         (j)(g) “Transaction” means any purchase, consignment, or
   45  trade of secondhand goods by a secondhand dealer.
   46         (e)(h) “Precious metals” means any item containing any
   47  gold, silver, or platinum, or any combination thereof, excluding
   48  any chemical or any automotive, photographic, electrical,
   49  medical, or dental materials or electronic parts.
   50         (d)(i) “Department” means the Department of Revenue.
   51         (b) “Appropriate law enforcement official” means the
   52  sheriff of the county in which a secondhand dealer is located
   53  or, if the secondhand dealer is located within a municipality,
   54  both the police chief of the municipality and the sheriff;
   55  however, the sheriff or police chief may designate as the
   56  appropriate law enforcement official for that county or
   57  municipality, as applicable, any law enforcement officer working
   58  within that respective county or municipality. This paragraph
   59  does not limit the authority or duties of the sheriff.
   60         (2) This chapter does not apply to:
   61         (k) Any person purchasing, consigning, or trading
   62  secondhand goods at a flea market regardless of whether at a
   63  temporary or permanent business location at the flea market.
   64         (l) Any auction business as defined in s. 468.382(1).
   65         (l)(n) A business that contracts with other persons or
   66  entities to offer its secondhand goods for sale, purchase,
   67  consignment, or trade via an Internet website, and that
   68  maintains a shop, store, or other business premises for this
   69  purpose, if all of the following apply:
   70         1. The secondhand goods must be available on the website
   71  for viewing by the public at no charge;
   72         2. The records of the sale, purchase, consignment, or trade
   73  must be maintained for at least 2 years;
   74         3. The records of the sale, purchase, consignment, or
   75  trade, and the description of the secondhand goods as listed on
   76  the website, must contain the serial number of each item, if
   77  any;
   78         4. The secondhand goods listed on the website must be
   79  searchable based upon the state or zip code;
   80         5. The business must provide the appropriate law
   81  enforcement official agency with the name or names under which
   82  it conducts business on the website;
   83         6. The business must allow the appropriate law enforcement
   84  official agency to inspect its business premises at any time
   85  during normal business hours;
   86         7. Any payment by the business resulting from such a sale,
   87  purchase, consignment, or trade must be made to the person or
   88  entity with whom the business contracted to offer the goods and
   89  must be made by check or via a money services business licensed
   90  under part II of chapter 560; and
   91         8.a. At least 48 hours after the estimated time of
   92  contracting to offer the secondhand goods, the business must
   93  verify that any item having a serial number is not stolen
   94  property by entering the serial number of the item into the
   95  Department of Law Enforcement’s stolen article database located
   96  at the Florida Crime Information Center’s public access system
   97  website. The business shall record the date and time of such
   98  verification on the contract covering the goods. If such
   99  verification reveals that an item is stolen property, the
  100  business shall immediately remove the item from any website on
  101  which it is being offered and notify the appropriate law
  102  enforcement official agency; or
  103         b. The business must provide the appropriate law
  104  enforcement official agency with an electronic copy of the name,
  105  address, phone number, driver driver’s license number, and
  106  issuing state of the person with whom the business contracted to
  107  offer the goods, as well as an accurate description of the
  108  goods, including make, model, serial number, and any other
  109  unique identifying marks, numbers, names, or letters that may be
  110  on an item, in a format agreed upon by the business and the
  111  appropriate law enforcement official agency. This information
  112  must be provided to the appropriate law enforcement official
  113  agency within 24 hours after entering into the contract unless
  114  other arrangements are made between the business and the law
  115  enforcement official agency.
  116         Section 2. Subsections (1), (6), and (7) of section 538.04,
  117  Florida Statutes, are amended to read:
  118         538.04 Recordkeeping requirements; penalties.—
  119         (1) A secondhand dealer dealers shall complete a secondhand
  120  dealers transaction form at the time of the actual transaction.
  121  A secondhand dealer shall maintain a copy of a completed
  122  transaction form on the registered premises for at least 1 year
  123  after the date of the transaction. However, the secondhand
  124  dealer shall maintain a copy of the transaction form for not
  125  less than 3 years. Unless other arrangements are have been
  126  agreed upon by the secondhand dealer and the appropriate law
  127  enforcement official agency, the secondhand dealer shall, within
  128  24 hours after acquiring the acquisition of any secondhand
  129  goods, deliver to such official the police department of the
  130  municipality where the goods were acquired or, if the goods were
  131  acquired outside of a municipality, to the sheriff’s department
  132  of the county where the goods were acquired, a record of the
  133  transaction on a form approved by the Department of Law
  134  Enforcement. Such record shall contain:
  135         (a) The time, date, and place of the transaction.
  136         (b) A complete and accurate description of the goods
  137  acquired, including the following information, if applicable:
  138         1. Brand name.
  139         2. Model number.
  140         3. Manufacturer’s serial number.
  141         4. Size.
  142         5. Color, as apparent to the untrained eye.
  143         6. Precious metal type, weight, and content if known.
  144         7. Gemstone description, including the number of stones, if
  145  applicable.
  146         8. In the case of firearms, the type of action, caliber or
  147  gauge, number of barrels, barrel length, and finish.
  148         9. Any other unique identifying marks, numbers, or letters.
  149         (c) A description of the person from whom the goods were
  150  acquired, including:
  151         1. Full name, current residential address, workplace, and
  152  home and work phone numbers.
  153         2. Height, weight, date of birth, race, gender, hair color,
  154  eye color, and any other identifying marks.
  155         3. The right thumbprint, free of smudges and smears, of the
  156  person from whom the goods were acquired.
  157         (d) Any other information required by the form approved by
  158  the Department of Law Enforcement.
  159         (6) If the appropriate law enforcement official agency
  160  supplies a secondhand dealer with appropriate software and the
  161  secondhand dealer has computer capability, the secondhand dealer
  162  must transactions shall be electronically transmit secondhand
  163  dealer transactions required by this section to such official
  164  transferred. If a secondhand dealer does not have computer
  165  capability, the appropriate law enforcement official agency may
  166  provide the secondhand dealer with a computer and all equipment
  167  necessary to equipment for the purpose of electronically
  168  transmit transferring secondhand dealer transactions. The
  169  appropriate law enforcement official agency shall retain
  170  ownership of the computer, unless otherwise agreed upon, and.
  171  the secondhand dealer shall maintain the computer in good
  172  working order, except for ordinary wear and tear excepted. A If
  173  the secondhand dealer who transmits transfers secondhand dealer
  174  transactions electronically, the secondhand dealer is not
  175  required to also deliver to the appropriate law enforcement
  176  agency the original or paper copies of the secondhand
  177  transaction forms to the appropriate law enforcement official.
  178  However, such official may, for purposes the purpose of a
  179  criminal investigation, the appropriate law enforcement agency
  180  may request that the secondhand dealer to deliver the produce an
  181  original of a transaction form that was has been electronically
  182  transmitted transferred. The secondhand dealer shall deliver the
  183  this form to the appropriate law enforcement official agency
  184  within 24 hours after receipt of the request.
  185         (7) If the original transaction form is lost or destroyed
  186  by the appropriate law enforcement official agency, a copy may
  187  be used by the secondhand dealer as evidence in court. When an
  188  electronic image of a customer’s identification is accepted for
  189  a transaction, the secondhand dealer must maintain the
  190  electronic image in order to meet the recordkeeping requirements
  191  applicable to the original transaction form. If a criminal
  192  investigation occurs, the secondhand dealer shall, upon request,
  193  provide a clear and legible copy of the image to the appropriate
  194  law enforcement official agency.
  195         Section 3. Section 538.18, Florida Statutes, is reordered
  196  and amended to read:
  197         538.18 Definitions.—As used in this part, the term:
  198         (1) “Appropriate law enforcement official” means the
  199  sheriff of the county in which a secondary metals recycler is
  200  located or, if the secondary metals recycler is located within a
  201  municipality, the police chief of the municipality in which the
  202  secondary metals recycler is located; however, the sheriff or
  203  police chief may designate as the appropriate law enforcement
  204  official for the county or municipality, as applicable, any law
  205  enforcement officer working within that respective county or
  206  municipality. This subsection does not limit the authority or
  207  duties of the sheriff.
  208         (3)(1) “Ferrous metals” means any metals containing
  209  significant quantities of iron or steel.
  210         (4)(2) “Fixed location” means any site occupied by a
  211  secondary metals recycler as owner of the site or as lessee of
  212  the site under a lease or other rental agreement providing for
  213  occupation of the site by the secondary metals recycler for a
  214  total duration of not less than 364 days.
  215         (5)(3) “Money” means a medium of exchange authorized or
  216  adopted by a domestic or foreign government as part of its
  217  currency.
  218         (6)(4) “Nonferrous metals” means metals not containing
  219  significant quantities of iron or steel, including, without
  220  limitation, copper, brass, aluminum, bronze, lead, zinc, nickel,
  221  and alloys thereof, excluding precious metals subject to
  222  regulation under part I.
  223         (7)(5) “Personal identification card” means a valid Florida
  224  driver license, a Florida identification card issued by the
  225  Department of Highway Safety and Motor Vehicles, an equivalent
  226  form of identification issued by another state, a passport, or
  227  an employment authorization issued by the United States Bureau
  228  of Citizenship and Immigration Services that contains an
  229  individual’s photograph and current address any government
  230  issued photographic identification card.
  231         (8)(6) “Purchase transaction” means a transaction in which
  232  a secondary metals recycler gives consideration for regulated
  233  metals property.
  234         (9)(7) “Regulated metals property” means any item composed
  235  primarily of any nonferrous metals. The term does, but shall not
  236  include aluminum beverage containers, used beverage containers,
  237  or similar beverage containers; however,. the term includes
  238  shall include stainless steel beer kegs and items made of
  239  ferrous metal obtained from any restricted regulated metals
  240  property.
  241         (11)(8) “Secondary metals recycler” means any person who:
  242         (a) Is engaged, from a fixed location or otherwise, in the
  243  business of purchase transactions, gathering or obtaining
  244  ferrous or nonferrous metals that have served their original
  245  economic purpose, or is in the business of performing the
  246  manufacturing process by which ferrous metals or nonferrous
  247  metals are converted into raw material products consisting of
  248  prepared grades and having an existing or potential economic
  249  value; or
  250         (b) Has facilities for performing the manufacturing process
  251  by which ferrous metals or nonferrous metals are converted into
  252  raw material products consisting of prepared grades and having
  253  an existing or potential economic value, other than by the
  254  exclusive use of hand tools, by methods including, without
  255  limitation, processing, sorting, cutting, classifying, cleaning,
  256  baling, wrapping, shredding, shearing, or changing the physical
  257  form or chemical content thereof.
  258  
  259  A secondary metals recycler may not act as a secondhand dealer
  260  without also conforming to the requirements of a secondhand
  261  dealer pursuant to this part.
  262         (2)(9) “Department” means the Department of Revenue.
  263         (10) “Restricted regulated metals property” means any
  264  regulated metals property listed in s. 538.26(4)(b) the sale of
  265  which is restricted as provided in s. 538.26(4)(a).
  266         (12) “Utility” means a public utility or electric utility
  267  as defined in s. 366.02 or a person, firm, cooperative,
  268  association, or political subdivision, whether private,
  269  municipal, county, or cooperative, which is engaged in the sale,
  270  generation, provision, or delivery of heat, water, oil, sewer
  271  service, or telephone, telegraph, radio, telecommunications, or
  272  communications service.
  273         Section 4. Paragraph (u) of subsection (1) of section
  274  319.30, Florida Statutes, is amended to read:
  275         319.30 Definitions; dismantling, destruction, change of
  276  identity of motor vehicle or mobile home; salvage.—
  277         (1) As used in this section, the term:
  278         (u) “Secondary metals recycler” means secondary metals
  279  recycler as defined in s. 538.18 538.18(8).
  280         Section 5. Section 538.19, Florida Statutes, is amended to
  281  read:
  282         538.19 Records required; limitation of liability.—
  283         (1) A secondary metals recycler shall maintain a legible
  284  paper record of all purchase transactions to which such
  285  secondary metals recycler is a party. A secondary metals
  286  recycler shall also maintain a legible electronic record, in the
  287  English language, of all such purchase transactions. The
  288  appropriate law enforcement official may provide data
  289  specifications regarding the electronic record format, but such
  290  format must be approved by the Department of Law Enforcement. An
  291  electronic record of a purchase transaction shall be
  292  electronically transmitted to the appropriate law enforcement
  293  official no later than 10 a.m. of the business day following the
  294  date of the purchase transaction. A secondary metals recycler
  295  who transmits such records electronically is not required to
  296  also deliver the original or paper copies of the transaction
  297  forms to the appropriate law enforcement official. However, such
  298  official may, for purposes of a criminal investigation, request
  299  the secondary metals recycler to deliver the original
  300  transaction form that was electronically transmitted. The
  301  secondary metals recycler shall deliver the form to the
  302  appropriate law enforcement official within 24 hours after
  303  receipt of the request.
  304         (2) The following information must be maintained on the a
  305  form approved by the Department of Law Enforcement for each
  306  purchase transaction:
  307         (a) The name and address of the secondary metals recycler.
  308         (b) The name, initials, or other identification of the
  309  individual entering the information on the ticket.
  310         (c) The date and time of the transaction.
  311         (d) The weight, quantity, or volume, and a description of
  312  the type of regulated metals property purchased in a purchase
  313  transaction.
  314         (e) The amount of consideration given in a purchase
  315  transaction for the regulated metals property.
  316         (f) A signed statement from the person delivering the
  317  regulated metals property stating that she or he is the rightful
  318  owner of, or is entitled to sell, the regulated metals property
  319  being sold. If the purchase involves a stainless steel beer keg,
  320  the seller must provide written documentation from the
  321  manufacturer that the seller is the owner of the stainless steel
  322  beer keg or is an employee or agent of the manufacturer.
  323         (g) The distinctive number from the personal identification
  324  card of the person delivering the regulated metals property to
  325  the secondary metals recycler.
  326         (h) A description of the person from whom the regulated
  327  metals property was goods were acquired, including:
  328         1. Full name, current residential address, workplace, and
  329  home and work phone numbers.
  330         2. Height, weight, date of birth, race, gender, hair color,
  331  eye color, and any other identifying marks.
  332         3. The right thumbprint, free of smudges and smears.
  333         4. Vehicle description to include the make, model, and tag
  334  number of the vehicle and trailer of the person selling the
  335  regulated metals property.
  336         5. Any other information required by the form approved by
  337  the Department of Law Enforcement.
  338         (i) A photograph, videotape, or digital image of the
  339  regulated metals being sold.
  340         (j) A photograph, videotape, or similar likeness of the
  341  person receiving consideration in which such person’s facial
  342  features are clearly visible.
  343         (3) Any secondary metals recycler that maintains an
  344  electronic database containing the information required in
  345  paragraph (2)(h), along with an oath of ownership with a
  346  signature of the seller of the secondary metals being purchased
  347  by the secondary metals recycler and a right thumbprint that has
  348  no smudges and smears on the oath of ownership for each purchase
  349  transaction, shall be exempt from the records requirement of
  350  paragraph (2)(h). A secondary metals recycler complies with the
  351  requirements of this section if it maintains an electronic
  352  database containing the information required by subsection (2)
  353  paragraph (2)(h) as long as the electronic information required
  354  by subsection (2) paragraph (2)(h), along with an electronic
  355  oath of ownership with an electronic signature of the seller of
  356  the secondary metals being purchased by the secondary metals
  357  recyclers and an electronic image of the seller’s right
  358  thumbprint that has no smudges and smears, can be downloaded
  359  onto a paper form in the image of the form approved by the
  360  Department of Law Enforcement as provided in subsection (2).
  361         (4) A secondary metals recycler shall maintain or cause to
  362  be maintained the information required by this section for not
  363  less than 3 5 years from the date of the purchase transaction.
  364         (5) If a purchase transaction involves the transfer of
  365  regulated metals property from A secondary metals recycler
  366  registered with the department who purchases a motor vehicle
  367  from a licensed salvage motor vehicle dealer as defined in s.
  368  320.27 or to another secondary metals recycler registered with
  369  the department and uses a mechanical crusher to convert the
  370  vehicle to scrap metal must obtain a signed statement from the
  371  seller stating that the seller has surrendered the vehicle’s
  372  certificate of title to the Department of Highway Safety and
  373  Motor Vehicles as provided in s. 319.30 or has otherwise
  374  complied with the titling requirements provided by law for
  375  conversion of the vehicle to scrap metal. A, the secondary
  376  metals recycler is not liable for the seller’s failure to comply
  377  with the titling requirements provided by law for conversion of
  378  a motor vehicle to scrap metal if the secondary metals recycler
  379  obtains and maintains the seller’s signed statement receiving
  380  the regulated metals property shall record the name and address
  381  of the secondary metals recycler from which it received the
  382  regulated metals property in lieu of the requirements of
  383  paragraph (2)(h).
  384         Section 6. Section 538.235, Florida Statutes, is amended to
  385  read:
  386         538.235 Method of payment.—
  387         (1) A secondary metals recycler may shall not enter into
  388  any cash transaction:
  389         (a) In excess of $1,000 in payment for the purchase of
  390  regulated metals property; or
  391         (b) In any amount for the purchase of restricted regulated
  392  metals property.
  393         (2) Payment in excess of $1,000 for the purchase of
  394  regulated metals property shall be made by check issued to the
  395  seller of the metal and payable to the seller.
  396         (3) Payment for the purchase of restricted regulated metals
  397  property shall be made by check issued to the seller of the
  398  metal and payable to the seller or by electronic payment to the
  399  seller’s bank account or the seller’s employer’s bank account.
  400         (a) Each check shall be mailed by the secondary metals
  401  recycler directly to the street address of the seller which is
  402  on file with the secondary metals recycler, unless otherwise
  403  provided in this part. A check may not be mailed to a post
  404  office box. Electronic payments shall be transmitted to an
  405  account for which the seller is listed as an account holder or
  406  an employee or agent of the seller.
  407         (b) Each check or electronic payment shall be mailed or
  408  transmitted by the secondary metals recycler to the seller
  409  within 3 days after the purchase transaction, unless otherwise
  410  provided in this section.
  411         (c) The secondary metals recycler may provide a check at
  412  the time of the purchase transaction rather than mailing the
  413  check as required in paragraph (a), if the seller is:
  414         1. An organization, corporation, or association registered
  415  with the state as a charitable, philanthropic, religious,
  416  fraternal, civic, patriotic, social, or school-sponsored
  417  organization or association, or is a nonprofit corporation or
  418  association;
  419         2. A law enforcement officer acting in an official
  420  capacity;
  421         3. A trustee in bankruptcy or an executor, administrator,
  422  or receiver who has presented proof of such status to the
  423  secondary metals recycler;
  424         4. A public official acting under judicial process or
  425  authority who has presented proof of such status to the
  426  secondary metals recycler;
  427         5. A sheriff acting under the authority of a court’s writ
  428  of execution, or by virtue of any process issued by a court, if
  429  proof thereof has been presented to the secondary metals
  430  recycler; or
  431         6. A manufacturing, industrial, or other commercial vendor
  432  that generates regulated materials in the ordinary course of
  433  business.
  434         Section 7. Section 538.26, Florida Statutes, is amended to
  435  read:
  436         538.26 Certain acts and practices prohibited.—It is
  437  unlawful for a secondary metals recycler to do or allow any of
  438  the following acts:
  439         (1) Purchase regulated metals property, restricted
  440  regulated metals property, or ferrous metals on weekdays before
  441  7 a.m. or after 6 p.m., on Saturdays before 7 a.m. or after 1
  442  p.m., or on Sundays. between the hours of 9 p.m. and 6 a.m.
  443         (2) Fail to pay any sales tax owed to the department or
  444  fail to have a sales tax registration number.
  445         (3) Purchase regulated metals property at a location other
  446  than the place of business set forth on the registration.
  447         (2)(4) Purchase regulated metals property, restricted
  448  regulated metals property, or ferrous metals from any seller who
  449  presents such property for sale at the registered location of
  450  the secondary metals recycler when such property was not
  451  transported in a motor vehicle.
  452         (3)(5) Purchase regulated metals property, restricted
  453  regulated metals property, or ferrous metals in return for money
  454  from a trailer, a vehicle, or any location other than a fixed
  455  location or from any person who is required to prove ownership
  456  pursuant to subsection (4). However, regulated metals may be
  457  purchased from a nonfixed location, or from such person, with
  458  any negotiable or nonnegotiable instrument, including a check or
  459  draft or any other type of instrument purchased with money and
  460  sold for the purpose of making payments or transfers to others.
  461         (4)(a) Purchase any restricted regulated metals property
  462  listed in paragraph (b), unless the secondary metals recycler
  463  obtains reasonable proof that the seller:
  464         1. Owns such property. Reasonable proof of ownership may
  465  include, but is not limited to, a receipt or bill of sale; or
  466         2. Is an employee, agent, or contractor of the property’s
  467  owner who is authorized to sell the property on behalf of the
  468  owner. Reasonable proof of authorization to sell the property
  469  includes, but is not limited to, a signed letter on the owner’s
  470  letterhead, dated no later than 90 days before the sale,
  471  authorizing the seller to sell the property.
  472         (b) The purchase of any of the following regulated metals
  473  property is subject to the restrictions provided in paragraph
  474  (a):
  475         1. A manhole cover.
  476         2. An electric light pole or other utility structure and
  477  its fixtures, wires, and hardware that are readily identifiable
  478  as connected to the utility structure.
  479         3. A guard rail.
  480         4. A street sign, traffic sign, or traffic signal and its
  481  fixtures and hardware.
  482         5. Communication, transmission, distribution, and service
  483  wire from a utility, including copper or aluminum bus bars,
  484  connectors, grounding plates, or grounding wire.
  485         6. A funeral marker or funeral vase.
  486         7. A historical marker.
  487         8. Railroad equipment, including, but not limited to, a tie
  488  plate, signal house, control box, switch plate, E clip, or rail
  489  tie junction.
  490         9. Any metal item that is observably marked upon reasonable
  491  inspection with any form of the name, initials, or logo of a
  492  governmental entity, utility company, cemetery, or railroad.
  493         10. A copper, aluminum, or aluminum-copper condensing or
  494  evaporator coil, including its tubing or rods, from an air
  495  conditioning or heating unit, excluding coils from window air
  496  conditioning or heating units and motor vehicle air-conditioning
  497  or heating units.
  498         11. An aluminum or stainless steel container or bottle
  499  designed to hold propane for fueling forklifts.
  500         12. A stainless steel beer keg.
  501         13. A catalytic converter or any nonferrous part of a
  502  catalytic converter unless purchased as part of a motor vehicle.
  503         14. Metallic wire that has been burned in whole or in part
  504  to remove insulation.
  505         15. A brass or bronze commercial valve or fitting, referred
  506  to as a “fire department connection and control valve” or an
  507  “FDC valve,” that is commonly used on structures for access to
  508  water for the purpose of extinguishing fires.
  509         16. A brass or bronze commercial potable water backflow
  510  preventer valve that is commonly used to prevent backflow of
  511  potable water from commercial structures into municipal domestic
  512  water service systems.
  513         17. A shopping cart.
  514         18. A brass water meter.
  515         19. A storm grate.
  516         20. A brass sprinkler head used in commercial agriculture.
  517         Section 8. Section 538.28, Florida Statutes, is created to
  518  read:
  519         538.28 Local government regulation; preemption.—
  520         (1) The regulation of purchase transactions involving
  521  regulated metals property is preempted to the state. Except as
  522  provided in subsection (2), an ordinance or regulation adopted
  523  by a county or municipality relating to the purchase or sale of
  524  regulated metals property or the registration or licensure of
  525  secondary metals recyclers is void.
  526         (2) This part does not preempt an ordinance or regulation
  527  originally enacted by a county or municipality before March 1,
  528  2012, and which meets the requirements found in this part.
  529         Section 9. For the purpose of incorporating the amendments
  530  made by this act to sections 538.19 and 538.235, Florida
  531  Statutes, in references thereto, paragraph (a) of subsection (1)
  532  of section 538.23, Florida Statutes, is reenacted and amended to
  533  read:
  534         538.23 Violations and penalties.—
  535         (1)(a) Except as provided in paragraph (b), a secondary
  536  metals recycler who knowingly and intentionally:
  537         1. Violates s. 538.20 or s. 538.21;
  538         2. Engages in a pattern of failing to keep records required
  539  by s. 538.19;
  540         3. Violates s. 538.26(2) 538.26(4); or
  541         4. Violates s. 538.235,
  542  
  543  commits a misdemeanor of the first degree, punishable as
  544  provided in s. 775.082.
  545         Section 10. Subsection (2) of s. 812.145, Florida Statutes,
  546  is amended to read:
  547         812.145 Theft of copper or other nonferrous metals.—
  548         (2) A person who knowingly and intentionally takes or
  549  assists with the taking of copper or other nonferrous metals
  550  from a utility or communications services provider, thereby
  551  causing damage to the facilities of a utility or communications
  552  services provider, interrupting or interfering with utility
  553  service or communications services, or interfering with the
  554  ability of a utility or communications services provider to
  555  provide service, commits a felony of the first degree,
  556  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  557         Section 11. (1) A public or private owner of metal property
  558  is not civilly liable to a person who is injured during the
  559  theft or attempted theft of metal property.
  560         (2) A public or private owner of metal property is not
  561  civilly liable to a person for injuries caused by a dangerous
  562  condition created as a result of the theft or attempted theft of
  563  the owner’s metal property when the owner did not know, and
  564  could not have reasonably known, of the dangerous condition.
  565         (3) This section does not create or impose a duty of care
  566  upon an owner of metal property which would not otherwise exist
  567  under common law.
  568         Section 12. This act shall take effect July 1, 2012.
  569  
  570  ================= T I T L E  A M E N D M E N T ================
  571         And the title is amended as follows:
  572         Delete everything before the enacting clause
  573  and insert:
  574                        A bill to be entitled                      
  575         An act relating to transactions by secondhand dealers
  576         and secondary metals recyclers; amending s. 538.03,
  577         F.S.; requiring that a secondary metals recycler
  578         conform to the requirements for a secondhand dealer;
  579         defining the term “appropriate law enforcement
  580         official”; deleting exemptions from regulation as a
  581         secondhand dealer which relate to flea market
  582         transactions and auction businesses; conforming
  583         terminology; amending s. 538.04, F.S., relating to
  584         recordkeeping requirements; conforming terminology and
  585         clarifying provisions; amending s. 538.18, F.S.;
  586         revising and providing definitions; amending s.
  587         319.30, F.S.; conforming a cross-reference; amending
  588         s. 538.19, F.S.; revising requirements for the types
  589         of information that secondary metals recyclers must
  590         obtain and maintain regarding purchase transactions,
  591         including requirements for the maintenance and
  592         transmission of electronic records of such
  593         transactions; revising the period required for
  594         secondary metals recyclers to maintain certain
  595         information regarding purchase transactions involving
  596         regulated metals property; limiting the liability of
  597         secondary metals recyclers for the conversion of motor
  598         vehicles to scrap metal under certain circumstances;
  599         amending s. 538.235, F.S.; revising requirements for
  600         payments made by secondary metals recyclers to sellers
  601         of regulated metals property to prohibit certain cash
  602         transactions; providing penalties; providing methods
  603         of payment for restricted regulated metals property;
  604         requiring that purchases of certain property be made
  605         by check or by electronic payment; providing
  606         procedures; amending s. 538.26, F.S.; prohibiting
  607         secondary metals recyclers from purchasing regulated
  608         metals property, restricted regulated metals property,
  609         or ferrous metals during specified times or from
  610         certain locations; prohibiting the purchase of
  611         specified restricted regulated metals property without
  612         obtaining certain proof of the seller’s ownership and
  613         authorization to sell the property; providing
  614         penalties; creating s. 538.28, F.S.; preempting to the
  615         state the regulation of secondary metals recyclers and
  616         purchase transactions involving regulated metals
  617         property; exempting county and municipal ordinances
  618         and regulations enacted before March 1, 2012, from
  619         preemption; reenacting and amending s. 538.23(1)(a),
  620         F.S., relating to violations and penalties, to
  621         incorporate the amendments made by this act to ss.
  622         538.19 and 538.235, F.S., in references thereto;
  623         correcting a cross-reference; amending s. 812.145,
  624         F.S.; including persons who assist in the taking of
  625         certain metals as a felony of the first degree;
  626         limiting the liability of a public or private owner of
  627         metal property for injuries occurring during the theft
  628         or attempted theft of metal property and for injuries
  629         occurring as the result of the theft or attempted
  630         theft; providing that no additional duty of care is
  631         imposed on the owner of metal property; providing an
  632         effective date.