Florida Senate - 2012                              CS for SB 540
       
       
       
       By the Committee on Commerce and Tourism; and Senators Smith,
       Montford, and Evers
       
       
       
       577-01758-12                                           2012540c1
    1                        A bill to be entitled                      
    2         An act relating to secondhand dealers and secondary
    3         metals recyclers; amending s. 538.03, F.S.; requiring
    4         that a secondary metals recycler conform to the
    5         requirements for a secondhand dealer; defining the
    6         term “appropriate law enforcement official”; deleting
    7         exemptions from regulation as a secondhand dealer
    8         which relate to flea market transactions and auction
    9         businesses; conforming terminology; amending s.
   10         538.04, F.S., relating to recordkeeping requirements;
   11         conforming terminology and clarifying provisions;
   12         amending s. 538.18, F.S.; revising and providing
   13         definitions; amending s. 319.30, F.S.; conforming a
   14         cross-reference; amending s. 538.19, F.S.; revising
   15         requirements for the types of information that
   16         secondary metals recyclers must obtain and maintain
   17         regarding purchase transactions, including
   18         requirements for the maintenance and transmission of
   19         electronic records of such transactions; revising the
   20         period required for secondary metals recyclers to
   21         maintain certain information regarding purchase
   22         transactions involving regulated metals property;
   23         limiting the liability of secondary metals recyclers
   24         for the conversion of motor vehicles to scrap metal
   25         under certain circumstances; amending s. 538.235,
   26         F.S.; revising requirements for payments made by
   27         secondary metals recyclers to sellers of regulated
   28         metals property to prohibit certain cash transactions;
   29         providing penalties; providing methods of payment for
   30         restricted regulated metals property; requiring that
   31         purchases of certain property be made by check or by
   32         electronic payment; providing procedures; amending s.
   33         538.26, F.S.; prohibiting secondary metals recyclers
   34         from purchasing regulated metals property, restricted
   35         regulated metals property, or ferrous metals during
   36         specified times or from certain locations; prohibiting
   37         the purchase of specified restricted regulated metals
   38         property without obtaining certain proof of the
   39         seller’s ownership and authorization to sell the
   40         property; providing penalties; creating s. 538.28,
   41         F.S.; preempting to the state the regulation of
   42         secondary metals recyclers and purchase transactions
   43         involving regulated metals property; exempting county
   44         and municipal ordinances and regulations enacted
   45         before March 1, 2012, from preemption; reenacting and
   46         amending s. 538.23(1)(a), F.S., relating to violations
   47         and penalties, to incorporate the amendments made by
   48         this act to ss. 538.19 and 538.235, F.S., in
   49         references thereto; correcting a cross-reference;
   50         amending s. 812.145, F.S.; providing that a person who
   51         assists in the taking of certain metals commits a
   52         felony of the first degree; limiting the liability of
   53         a public or private owner of metal property for
   54         injuries occurring during the theft or attempted theft
   55         of metal property and for injuries occurring as the
   56         result of the theft or attempted theft; providing that
   57         no additional duty of care is imposed on the owner of
   58         metal property; providing an effective date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Subsection (1) of section 538.03, Florida
   63  Statutes, is reordered and amended, paragraphs (m) through (q)
   64  of subsection (2) of that section are redesignated as paragraphs
   65  (k) through (o), respectively, and present paragraphs (k), (l),
   66  and (n) of that subsection are amended, to read:
   67         538.03 Definitions; applicability.—
   68         (1) As used in this part, the term:
   69         (g)(a) “Secondhand dealer” means any person, corporation,
   70  or other business organization or entity that which is not a
   71  secondary metals recycler subject to part II and that which is
   72  engaged in the business of purchasing, consigning, or trading
   73  secondhand goods. A secondary metals recycler may not act as a
   74  secondhand dealer without also conforming to the requirements
   75  for a secondhand dealer pursuant to this part.
   76         (f)(b) “Precious metals dealer” means a secondhand dealer
   77  who normally or regularly engages in the business of buying used
   78  precious metals for resale. The term does not include those
   79  persons involved in the bulk sale of precious metals from one
   80  secondhand or precious metals dealer to another.
   81         (i)(c) “Secondhand store” means the place or premises at
   82  which a secondhand dealer is registered to conduct business as a
   83  secondhand dealer or conducts business.
   84         (c)(d) “Consignment shop” means a shop engaging in the
   85  business of accepting for sale, on consignment, secondhand goods
   86  that which, having once been used or transferred from the
   87  manufacturer to the dealer, are then received into the
   88  possession of a third party.
   89         (a)(e) “Acquire” means to obtain by purchase, consignment,
   90  or trade.
   91         (h)(f) “Secondhand goods” means personal property
   92  previously owned or used, which is not regulated metals property
   93  regulated under part II and which is purchased, consigned, or
   94  traded as used property. Such secondhand goods do not include
   95  office furniture, pianos, books, clothing, organs, coins, motor
   96  vehicles, costume jewelry, cardio and strength training or
   97  conditioning equipment designed primarily for indoor use, and
   98  secondhand sports equipment that is not permanently labeled with
   99  a serial number. For purposes of this paragraph, “secondhand
  100  sports equipment” does not include golf clubs.
  101         (j)(g) “Transaction” means any purchase, consignment, or
  102  trade of secondhand goods by a secondhand dealer.
  103         (e)(h) “Precious metals” means any item containing any
  104  gold, silver, or platinum, or any combination thereof, excluding
  105  any chemical or any automotive, photographic, electrical,
  106  medical, or dental materials or electronic parts.
  107         (d)(i) “Department” means the Department of Revenue.
  108         (b) “Appropriate law enforcement official” means the
  109  sheriff of the county in which a secondhand dealer is located
  110  or, if the secondhand dealer is located within a municipality,
  111  both the police chief of the municipality and the sheriff;
  112  however, the sheriff or police chief may designate as the
  113  appropriate law enforcement official for that county or
  114  municipality, as applicable, any law enforcement officer working
  115  within that respective county or municipality. This paragraph
  116  does not limit the authority or duties of the sheriff.
  117         (2) This chapter does not apply to:
  118         (k) Any person purchasing, consigning, or trading
  119  secondhand goods at a flea market regardless of whether at a
  120  temporary or permanent business location at the flea market.
  121         (l) Any auction business as defined in s. 468.382(1).
  122         (l)(n) A business that contracts with other persons or
  123  entities to offer its secondhand goods for sale, purchase,
  124  consignment, or trade via an Internet website, and that
  125  maintains a shop, store, or other business premises for this
  126  purpose, if all of the following apply:
  127         1. The secondhand goods must be available on the website
  128  for viewing by the public at no charge;
  129         2. The records of the sale, purchase, consignment, or trade
  130  must be maintained for at least 2 years;
  131         3. The records of the sale, purchase, consignment, or
  132  trade, and the description of the secondhand goods as listed on
  133  the website, must contain the serial number of each item, if
  134  any;
  135         4. The secondhand goods listed on the website must be
  136  searchable based upon the state or zip code;
  137         5. The business must provide the appropriate law
  138  enforcement official agency with the name or names under which
  139  it conducts business on the website;
  140         6. The business must allow the appropriate law enforcement
  141  official agency to inspect its business premises at any time
  142  during normal business hours;
  143         7. Any payment by the business resulting from such a sale,
  144  purchase, consignment, or trade must be made to the person or
  145  entity with whom the business contracted to offer the goods and
  146  must be made by check or via a money services business licensed
  147  under part II of chapter 560; and
  148         8.a. At least 48 hours after the estimated time of
  149  contracting to offer the secondhand goods, the business must
  150  verify that any item having a serial number is not stolen
  151  property by entering the serial number of the item into the
  152  Department of Law Enforcement’s stolen article database located
  153  at the Florida Crime Information Center’s public access system
  154  website. The business shall record the date and time of such
  155  verification on the contract covering the goods. If such
  156  verification reveals that an item is stolen property, the
  157  business shall immediately remove the item from any website on
  158  which it is being offered and notify the appropriate law
  159  enforcement official agency; or
  160         b. The business must provide the appropriate law
  161  enforcement official agency with an electronic copy of the name,
  162  address, phone number, driver driver’s license number, and
  163  issuing state of the person with whom the business contracted to
  164  offer the goods, as well as an accurate description of the
  165  goods, including make, model, serial number, and any other
  166  unique identifying marks, numbers, names, or letters that may be
  167  on an item, in a format agreed upon by the business and the
  168  appropriate law enforcement official agency. This information
  169  must be provided to the appropriate law enforcement official
  170  agency within 24 hours after entering into the contract unless
  171  other arrangements are made between the business and the law
  172  enforcement official agency.
  173         Section 2. Subsections (1), (6), and (7) of section 538.04,
  174  Florida Statutes, are amended to read:
  175         538.04 Recordkeeping requirements; penalties.—
  176         (1) A secondhand dealer dealers shall complete a secondhand
  177  dealers transaction form at the time of the actual transaction.
  178  A secondhand dealer shall maintain a copy of a completed
  179  transaction form on the registered premises for at least 1 year
  180  after the date of the transaction. However, the secondhand
  181  dealer shall maintain a copy of the transaction form for not
  182  less than 3 years. Unless other arrangements are have been
  183  agreed upon by the secondhand dealer and the appropriate law
  184  enforcement official agency, the secondhand dealer shall, within
  185  24 hours after acquiring the acquisition of any secondhand
  186  goods, deliver to such official the police department of the
  187  municipality where the goods were acquired or, if the goods were
  188  acquired outside of a municipality, to the sheriff’s department
  189  of the county where the goods were acquired, a record of the
  190  transaction on a form approved by the Department of Law
  191  Enforcement. Such record shall contain:
  192         (a) The time, date, and place of the transaction.
  193         (b) A complete and accurate description of the goods
  194  acquired, including the following information, if applicable:
  195         1. Brand name.
  196         2. Model number.
  197         3. Manufacturer’s serial number.
  198         4. Size.
  199         5. Color, as apparent to the untrained eye.
  200         6. Precious metal type, weight, and content if known.
  201         7. Gemstone description, including the number of stones, if
  202  applicable.
  203         8. In the case of firearms, the type of action, caliber or
  204  gauge, number of barrels, barrel length, and finish.
  205         9. Any other unique identifying marks, numbers, or letters.
  206         (c) A description of the person from whom the goods were
  207  acquired, including:
  208         1. Full name, current residential address, workplace, and
  209  home and work phone numbers.
  210         2. Height, weight, date of birth, race, gender, hair color,
  211  eye color, and any other identifying marks.
  212         3. The right thumbprint, free of smudges and smears, of the
  213  person from whom the goods were acquired.
  214         (d) Any other information required by the form approved by
  215  the Department of Law Enforcement.
  216         (6) If the appropriate law enforcement official agency
  217  supplies a secondhand dealer with appropriate software and the
  218  secondhand dealer has computer capability, the secondhand dealer
  219  must transactions shall be electronically transmit secondhand
  220  dealer transactions required by this section to such official
  221  transferred. If a secondhand dealer does not have computer
  222  capability, the appropriate law enforcement official agency may
  223  provide the secondhand dealer with a computer and all equipment
  224  necessary to equipment for the purpose of electronically
  225  transmit transferring secondhand dealer transactions. The
  226  appropriate law enforcement official agency shall retain
  227  ownership of the computer, unless otherwise agreed upon, and.
  228  the secondhand dealer shall maintain the computer in good
  229  working order, except for ordinary wear and tear excepted. A If
  230  the secondhand dealer who transmits transfers secondhand dealer
  231  transactions electronically, the secondhand dealer is not
  232  required to also deliver to the appropriate law enforcement
  233  agency the original or paper copies of the secondhand
  234  transaction forms to the appropriate law enforcement official.
  235  However, such official may, for purposes the purpose of a
  236  criminal investigation, the appropriate law enforcement agency
  237  may request that the secondhand dealer to deliver the produce an
  238  original of a transaction form that was has been electronically
  239  transmitted transferred. The secondhand dealer shall deliver the
  240  this form to the appropriate law enforcement official agency
  241  within 24 hours after receipt of the request.
  242         (7) If the original transaction form is lost or destroyed
  243  by the appropriate law enforcement official agency, a copy may
  244  be used by the secondhand dealer as evidence in court. When an
  245  electronic image of a customer’s identification is accepted for
  246  a transaction, the secondhand dealer must maintain the
  247  electronic image in order to meet the recordkeeping requirements
  248  applicable to the original transaction form. If a criminal
  249  investigation occurs, the secondhand dealer shall, upon request,
  250  provide a clear and legible copy of the image to the appropriate
  251  law enforcement official agency.
  252         Section 3. Section 538.18, Florida Statutes, is reordered
  253  and amended to read:
  254         538.18 Definitions.—As used in this part, the term:
  255         (1) “Appropriate law enforcement official” means the
  256  sheriff of the county in which a secondary metals recycler is
  257  located or, if the secondary metals recycler is located within a
  258  municipality, the police chief of the municipality in which the
  259  secondary metals recycler is located; however, the sheriff or
  260  police chief may designate as the appropriate law enforcement
  261  official for the county or municipality, as applicable, any law
  262  enforcement officer working within that respective county or
  263  municipality. This subsection does not limit the authority or
  264  duties of the sheriff.
  265         (3)(1) “Ferrous metals” means any metals containing
  266  significant quantities of iron or steel.
  267         (4)(2) “Fixed location” means any site occupied by a
  268  secondary metals recycler as owner of the site or as lessee of
  269  the site under a lease or other rental agreement providing for
  270  occupation of the site by the secondary metals recycler for a
  271  total duration of not less than 364 days.
  272         (5)(3) “Money” means a medium of exchange authorized or
  273  adopted by a domestic or foreign government as part of its
  274  currency.
  275         (6)(4) “Nonferrous metals” means metals not containing
  276  significant quantities of iron or steel, including, without
  277  limitation, copper, brass, aluminum, bronze, lead, zinc, nickel,
  278  and alloys thereof, excluding precious metals subject to
  279  regulation under part I.
  280         (7)(5) “Personal identification card” means a valid Florida
  281  driver license, a Florida identification card issued by the
  282  Department of Highway Safety and Motor Vehicles, an equivalent
  283  form of identification issued by another state, a passport, or
  284  an employment authorization issued by the United States Bureau
  285  of Citizenship and Immigration Services that contains an
  286  individual’s photograph and current address any government
  287  issued photographic identification card.
  288         (8)(6) “Purchase transaction” means a transaction in which
  289  a secondary metals recycler gives consideration for regulated
  290  metals property.
  291         (9)(7) “Regulated metals property” means any item composed
  292  primarily of any nonferrous metals. The term does, but shall not
  293  include aluminum beverage containers, used beverage containers,
  294  or similar beverage containers; however,. the term includes
  295  shall include stainless steel beer kegs and items made of
  296  ferrous metal obtained from any restricted regulated metals
  297  property.
  298         (11)(8) “Secondary metals recycler” means any person who:
  299         (a) Is engaged, from a fixed location or otherwise, in the
  300  business of purchase transactions, gathering or obtaining
  301  ferrous or nonferrous metals that have served their original
  302  economic purpose, or is in the business of performing the
  303  manufacturing process by which ferrous metals or nonferrous
  304  metals are converted into raw material products consisting of
  305  prepared grades and having an existing or potential economic
  306  value; or
  307         (b) Has facilities for performing the manufacturing process
  308  by which ferrous metals or nonferrous metals are converted into
  309  raw material products consisting of prepared grades and having
  310  an existing or potential economic value, other than by the
  311  exclusive use of hand tools, by methods including, without
  312  limitation, processing, sorting, cutting, classifying, cleaning,
  313  baling, wrapping, shredding, shearing, or changing the physical
  314  form or chemical content thereof.
  315  
  316  A secondary metals recycler may not act as a secondhand dealer
  317  without also conforming to the requirements of a secondhand
  318  dealer pursuant to this part.
  319         (2)(9) “Department” means the Department of Revenue.
  320         (10) “Restricted regulated metals property” means any
  321  regulated metals property listed in s. 538.26(4)(b) the sale of
  322  which is restricted as provided in s. 538.26(4)(a).
  323         (12) “Utility” means a public utility or electric utility
  324  as defined in s. 366.02 or a person, firm, cooperative,
  325  association, or political subdivision, whether private,
  326  municipal, county, or cooperative, which is engaged in the sale,
  327  generation, provision, or delivery of heat, water, oil, sewer
  328  service, or telephone, telegraph, radio, telecommunications, or
  329  communications service.
  330         Section 4. Paragraph (u) of subsection (1) of section
  331  319.30, Florida Statutes, is amended to read:
  332         319.30 Definitions; dismantling, destruction, change of
  333  identity of motor vehicle or mobile home; salvage.—
  334         (1) As used in this section, the term:
  335         (u) “Secondary metals recycler” means secondary metals
  336  recycler as defined in s. 538.18 538.18(8).
  337         Section 5. Section 538.19, Florida Statutes, is amended to
  338  read:
  339         538.19 Records required; limitation of liability.—
  340         (1) A secondary metals recycler shall maintain a legible
  341  paper record of all purchase transactions to which such
  342  secondary metals recycler is a party. A secondary metals
  343  recycler shall also maintain a legible electronic record, in the
  344  English language, of all such purchase transactions. The
  345  appropriate law enforcement official may provide data
  346  specifications regarding the electronic record format, but such
  347  format must be approved by the Department of Law Enforcement. An
  348  electronic record of a purchase transaction shall be
  349  electronically transmitted to the appropriate law enforcement
  350  official no later than 10 a.m. of the business day following the
  351  date of the purchase transaction. A secondary metals recycler
  352  who transmits such records electronically is not required to
  353  also deliver the original or paper copies of the transaction
  354  forms to the appropriate law enforcement official. However, such
  355  official may, for purposes of a criminal investigation, request
  356  the secondary metals recycler to deliver the original
  357  transaction form that was electronically transmitted. The
  358  secondary metals recycler shall deliver the form to the
  359  appropriate law enforcement official within 24 hours after
  360  receipt of the request.
  361         (2) The following information must be maintained on the a
  362  form approved by the Department of Law Enforcement for each
  363  purchase transaction:
  364         (a) The name and address of the secondary metals recycler.
  365         (b) The name, initials, or other identification of the
  366  individual entering the information on the ticket.
  367         (c) The date and time of the transaction.
  368         (d) The weight, quantity, or volume, and a description of
  369  the type of regulated metals property purchased in a purchase
  370  transaction.
  371         (e) The amount of consideration given in a purchase
  372  transaction for the regulated metals property.
  373         (f) A signed statement from the person delivering the
  374  regulated metals property stating that she or he is the rightful
  375  owner of, or is entitled to sell, the regulated metals property
  376  being sold. If the purchase involves a stainless steel beer keg,
  377  the seller must provide written documentation from the
  378  manufacturer that the seller is the owner of the stainless steel
  379  beer keg or is an employee or agent of the manufacturer.
  380         (g) The distinctive number from the personal identification
  381  card of the person delivering the regulated metals property to
  382  the secondary metals recycler.
  383         (h) A description of the person from whom the regulated
  384  metals property was goods were acquired, including:
  385         1. Full name, current residential address, workplace, and
  386  home and work phone numbers.
  387         2. Height, weight, date of birth, race, gender, hair color,
  388  eye color, and any other identifying marks.
  389         3. The right thumbprint, free of smudges and smears.
  390         4. Vehicle description to include the make, model, and tag
  391  number of the vehicle and trailer of the person selling the
  392  regulated metals property.
  393         5. Any other information required by the form approved by
  394  the Department of Law Enforcement.
  395         (i) A photograph, videotape, or digital image of the
  396  regulated metals being sold.
  397         (j) A photograph, videotape, or similar likeness of the
  398  person receiving consideration in which such person’s facial
  399  features are clearly visible.
  400         (3) Any secondary metals recycler that maintains an
  401  electronic database containing the information required in
  402  paragraph (2)(h), along with an oath of ownership with a
  403  signature of the seller of the secondary metals being purchased
  404  by the secondary metals recycler and a right thumbprint that has
  405  no smudges and smears on the oath of ownership for each purchase
  406  transaction, shall be exempt from the records requirement of
  407  paragraph (2)(h). A secondary metals recycler complies with the
  408  requirements of this section if it maintains an electronic
  409  database containing the information required by subsection (2)
  410  paragraph (2)(h) as long as the electronic information required
  411  by subsection (2) paragraph (2)(h), along with an electronic
  412  oath of ownership with an electronic signature of the seller of
  413  the secondary metals being purchased by the secondary metals
  414  recyclers and an electronic image of the seller’s right
  415  thumbprint that has no smudges and smears, can be downloaded
  416  onto a paper form in the image of the form approved by the
  417  Department of Law Enforcement as provided in subsection (2).
  418         (4) A secondary metals recycler shall maintain or cause to
  419  be maintained the information required by this section for not
  420  less than 3 5 years from the date of the purchase transaction.
  421         (5) If a purchase transaction involves the transfer of
  422  regulated metals property from A secondary metals recycler
  423  registered with the department who purchases a motor vehicle
  424  from a licensed salvage motor vehicle dealer as defined in s.
  425  320.27 or to another secondary metals recycler registered with
  426  the department and uses a mechanical crusher to convert the
  427  vehicle to scrap metal must obtain a signed statement from the
  428  seller stating that the seller has surrendered the vehicle’s
  429  certificate of title to the Department of Highway Safety and
  430  Motor Vehicles as provided in s. 319.30 or has otherwise
  431  complied with the titling requirements provided by law for
  432  conversion of the vehicle to scrap metal. A, the secondary
  433  metals recycler is not liable for the seller’s failure to comply
  434  with the titling requirements provided by law for conversion of
  435  a motor vehicle to scrap metal if the secondary metals recycler
  436  obtains and maintains the seller’s signed statement receiving
  437  the regulated metals property shall record the name and address
  438  of the secondary metals recycler from which it received the
  439  regulated metals property in lieu of the requirements of
  440  paragraph (2)(h).
  441         Section 6. Section 538.235, Florida Statutes, is amended to
  442  read:
  443         538.235 Method of payment.—
  444         (1) A secondary metals recycler may shall not enter into
  445  any cash transaction:
  446         (a) In excess of $1,000 in payment for the purchase of
  447  regulated metals property; or
  448         (b) In any amount for the purchase of restricted regulated
  449  metals property.
  450         (2) Payment in excess of $1,000 for the purchase of
  451  regulated metals property shall be made by check issued to the
  452  seller of the metal and payable to the seller.
  453         (3) Payment for the purchase of restricted regulated metals
  454  property shall be made by check issued to the seller of the
  455  metal and payable to the seller or by electronic payment to the
  456  seller’s bank account or the seller’s employer’s bank account.
  457         (a) Each check shall be mailed by the secondary metals
  458  recycler directly to the street address of the seller which is
  459  on file with the secondary metals recycler, unless otherwise
  460  provided in this part. A check may not be mailed to a post
  461  office box. Electronic payments shall be transmitted to an
  462  account for which the seller is listed as an account holder or
  463  an employee or agent of the seller.
  464         (b) Each check or electronic payment shall be mailed or
  465  transmitted by the secondary metals recycler to the seller
  466  within 3 days after the purchase transaction, unless otherwise
  467  provided in this section.
  468         (c) The secondary metals recycler may provide a check at
  469  the time of the purchase transaction rather than mailing the
  470  check as required in paragraph (a), if the seller is:
  471         1. An organization, corporation, or association registered
  472  with the state as a charitable, philanthropic, religious,
  473  fraternal, civic, patriotic, social, or school-sponsored
  474  organization or association, or is a nonprofit corporation or
  475  association;
  476         2. A law enforcement officer acting in an official
  477  capacity;
  478         3. A trustee in bankruptcy or an executor, administrator,
  479  or receiver who has presented proof of such status to the
  480  secondary metals recycler;
  481         4. A public official acting under judicial process or
  482  authority who has presented proof of such status to the
  483  secondary metals recycler;
  484         5. A sheriff acting under the authority of a court’s writ
  485  of execution, or by virtue of any process issued by a court, if
  486  proof thereof has been presented to the secondary metals
  487  recycler; or
  488         6. A manufacturing, industrial, or other commercial vendor
  489  that generates regulated materials in the ordinary course of
  490  business.
  491         Section 7. Section 538.26, Florida Statutes, is amended to
  492  read:
  493         538.26 Certain acts and practices prohibited.—It is
  494  unlawful for a secondary metals recycler to do or allow any of
  495  the following acts:
  496         (1) Purchase regulated metals property, restricted
  497  regulated metals property, or ferrous metals on weekdays before
  498  7 a.m. or after 6 p.m., on Saturdays before 7 a.m. or after 1
  499  p.m., or on Sundays. between the hours of 9 p.m. and 6 a.m.
  500         (2) Fail to pay any sales tax owed to the department or
  501  fail to have a sales tax registration number.
  502         (3) Purchase regulated metals property at a location other
  503  than the place of business set forth on the registration.
  504         (2)(4) Purchase regulated metals property, restricted
  505  regulated metals property, or ferrous metals from any seller who
  506  presents such property for sale at the registered location of
  507  the secondary metals recycler when such property was not
  508  transported in a motor vehicle.
  509         (3)(5) Purchase regulated metals property, restricted
  510  regulated metals property, or ferrous metals in return for money
  511  from a trailer, a vehicle, or any location other than a fixed
  512  location or from any person who is required to prove ownership
  513  pursuant to subsection (4). However, regulated metals may be
  514  purchased from a nonfixed location, or from such person, with
  515  any negotiable or nonnegotiable instrument, including a check or
  516  draft or any other type of instrument purchased with money and
  517  sold for the purpose of making payments or transfers to others.
  518         (4)(a) Purchase any restricted regulated metals property
  519  listed in paragraph (b), unless the secondary metals recycler
  520  obtains reasonable proof that the seller:
  521         1. Owns such property. Reasonable proof of ownership may
  522  include, but is not limited to, a receipt or bill of sale; or
  523         2. Is an employee, agent, or contractor of the property’s
  524  owner who is authorized to sell the property on behalf of the
  525  owner. Reasonable proof of authorization to sell the property
  526  includes, but is not limited to, a signed letter on the owner’s
  527  letterhead, dated no later than 90 days before the sale,
  528  authorizing the seller to sell the property.
  529         (b) The purchase of any of the following regulated metals
  530  property is subject to the restrictions provided in paragraph
  531  (a):
  532         1. A manhole cover.
  533         2. An electric light pole or other utility structure and
  534  its fixtures, wires, and hardware that are readily identifiable
  535  as connected to the utility structure.
  536         3. A guard rail.
  537         4. A street sign, traffic sign, or traffic signal and its
  538  fixtures and hardware.
  539         5. Communication, transmission, distribution, and service
  540  wire from a utility, including copper or aluminum bus bars,
  541  connectors, grounding plates, or grounding wire.
  542         6. A funeral marker or funeral vase.
  543         7. A historical marker.
  544         8. Railroad equipment, including, but not limited to, a tie
  545  plate, signal house, control box, switch plate, E clip, or rail
  546  tie junction.
  547         9. Any metal item that is observably marked upon reasonable
  548  inspection with any form of the name, initials, or logo of a
  549  governmental entity, utility company, cemetery, or railroad.
  550         10. A copper, aluminum, or aluminum-copper condensing or
  551  evaporator coil, including its tubing or rods, from an air
  552  conditioning or heating unit, excluding coils from window air
  553  conditioning or heating units and motor vehicle air-conditioning
  554  or heating units.
  555         11. An aluminum or stainless steel container or bottle
  556  designed to hold propane for fueling forklifts.
  557         12. A stainless steel beer keg.
  558         13. A catalytic converter or any nonferrous part of a
  559  catalytic converter unless purchased as part of a motor vehicle.
  560         14. Metallic wire that has been burned in whole or in part
  561  to remove insulation.
  562         15. A brass or bronze commercial valve or fitting, referred
  563  to as a “fire department connection and control valve” or an
  564  “FDC valve,” that is commonly used on structures for access to
  565  water for the purpose of extinguishing fires.
  566         16. A brass or bronze commercial potable water backflow
  567  preventer valve that is commonly used to prevent backflow of
  568  potable water from commercial structures into municipal domestic
  569  water service systems.
  570         17. A shopping cart.
  571         18. A brass water meter.
  572         19. A storm grate.
  573         20. A brass sprinkler head used in commercial agriculture.
  574         Section 8. Section 538.28, Florida Statutes, is created to
  575  read:
  576         538.28 Local government regulation; preemption.—
  577         (1) The regulation of purchase transactions involving
  578  regulated metals property is preempted to the state. Except as
  579  provided in subsection (2), an ordinance or regulation adopted
  580  by a county or municipality relating to the purchase or sale of
  581  regulated metals property or the registration or licensure of
  582  secondary metals recyclers is void.
  583         (2) This part does not preempt an ordinance or regulation
  584  originally enacted by a county or municipality before March 1,
  585  2012. Such an ordinance or regulation may subsequently be
  586  amended to meet or exceed the requirements of this part.
  587         Section 9. For the purpose of incorporating the amendments
  588  made by this act to sections 538.19 and 538.235, Florida
  589  Statutes, in references thereto, paragraph (a) of subsection (1)
  590  of section 538.23, Florida Statutes, is reenacted and amended to
  591  read:
  592         538.23 Violations and penalties.—
  593         (1)(a) Except as provided in paragraph (b), a secondary
  594  metals recycler who knowingly and intentionally:
  595         1. Violates s. 538.20 or s. 538.21;
  596         2. Engages in a pattern of failing to keep records required
  597  by s. 538.19;
  598         3. Violates s. 538.26(2) 538.26(4); or
  599         4. Violates s. 538.235,
  600  
  601  commits a misdemeanor of the first degree, punishable as
  602  provided in s. 775.082.
  603         Section 10. Subsection (2) of s. 812.145, Florida Statutes,
  604  is amended to read:
  605         812.145 Theft of copper or other nonferrous metals.—
  606         (2) A person who knowingly and intentionally takes or
  607  assists with the taking of copper or other nonferrous metals
  608  from a utility or communications services provider, thereby
  609  causing damage to the facilities of a utility or communications
  610  services provider, interrupting or interfering with utility
  611  service or communications services, or interfering with the
  612  ability of a utility or communications services provider to
  613  provide service, commits a felony of the first degree,
  614  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  615         Section 11. (1) A public or private owner of metal property
  616  is not civilly liable to a person who is injured during the
  617  theft or attempted theft of metal property.
  618         (2) A public or private owner of metal property is not
  619  civilly liable to a person for injuries caused by a dangerous
  620  condition created as a result of the theft or attempted theft of
  621  the owner’s metal property when the owner did not know, and
  622  could not have reasonably known, of the dangerous condition.
  623         (3) This section does not create or impose a duty of care
  624  upon an owner of metal property which would not otherwise exist
  625  under common law.
  626         Section 12. This act shall take effect July 1, 2012.