Florida Senate - 2013                       CS for CS for SB 654
       
       
       
       By the Committees on Criminal Justice; and Agriculture; and
       Senator Montford
       
       
       
       591-02614-13                                           2013654c2
    1                        A bill to be entitled                      
    2         An act relating to agricultural storage and shipping
    3         containers; amending s. 506.19, F.S.; providing that
    4         an owner of containers used for the storage or
    5         transport of agricultural or other commercial products
    6         may adopt for his or her exclusive use a particular
    7         mark or brand to designate and distinguish ownership
    8         of the containers; making technical and grammatical
    9         changes; creating s. 506.265, F.S.; providing
   10         definitions; requiring that a person who purchases
   11         five or more plastic bulk merchandise containers from
   12         one seller obtain proof of ownership, verify the
   13         seller’s identity, pay noncash, and record and
   14         maintain other information for a specified period of
   15         time; providing that prosecuting attorneys may inspect
   16         the records at any time upon reasonable notice;
   17         providing an exception for licensed waste haulers and
   18         certain tax-exempt entities; creating s. 506.266,
   19         F.S.; providing criminal and civil penalties;
   20         providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 506.19, Florida Statutes, is amended to
   25  read:
   26         506.19 Protection of owners of marked or branded field
   27  boxes or other specified containers; recordation.—Any person who
   28  owns being the owner of field boxes, pallets, crates,
   29  containers, or receptacles used in the general production,
   30  harvesting, packing, transportation, or marketing of fruits or
   31  vegetables or their byproducts or used for the storage or
   32  transport of agricultural or other commercial goods in this the
   33  state may adopt for his or her exclusive use and ownership a
   34  particular mark or brand that designates or distinguishes to
   35  designate and distinguish his or her ownership thereof and may
   36  identify his or her field boxes, pallets, crates, containers, or
   37  receptacles so used with a such mark or brand using in the form
   38  of such combinations, initials, symbols, designs, or names, or
   39  any combination thereof as he or she may desire, by plainly and
   40  distinctly stamping, stenciling, painting, cutting, etching, or
   41  burning the mark or brand same into or upon both ends or sides
   42  of the such field boxes, pallets, crates, receptacles, or
   43  containers. For purposes of any court or administrative
   44  proceeding, if a copy of the mark or brand has been filed and
   45  recorded in the office of the Department of Agriculture and
   46  Consumer Services as provided in this chapter, and the presence
   47  of this such identifying mark or brand and the required
   48  registration number on any field box, pallet, crate, container,
   49  or receptacle is whenever a copy or description thereof shall
   50  have been filed and recorded in the office of the Department of
   51  Agriculture and Consumer Services as herein provided for, shall,
   52  in any court and in any proceedings in this state, be prima
   53  facie evidence of the ownership of such boxes, pallets, crates,
   54  containers, or receptacles by the person in whose name such mark
   55  or brand may have been recorded, provided such mark or brand
   56  shall have been recorded with the Department of Agriculture and
   57  Consumer Services as herein provided and shall bear the
   58  registered number herein provided for.
   59         Section 2. Section 506.265, Florida Statutes, is created to
   60  read:
   61         506.265Purchase of plastic bulk merchandise containers.—
   62         (1) As used in this section, the term:
   63         (a) “Bona fide purchaser” means a person who in good faith
   64  makes a purchase without knowledge of another person’s
   65  outstanding rights.
   66         (b) “Noncash payment” means payment by a method other than
   67  the use of coins or currency.
   68         (c) “Plastic bulk merchandise container” means a plastic
   69  crate or shell used by a product manufacturer, distributor, or
   70  retailer for the bulk transportation or storage of goods and
   71  includes a plastic pallet used as a portable platform upon which
   72  containers, products, or materials may be placed to facilitate
   73  handling.
   74         (d) “Proof of ownership” means a bill of sale or other
   75  evidence showing that a person who claims to be the owner of an
   76  item is the bona fide purchaser who purchased the item for fair
   77  market value.
   78         (2) A person who purchases five or more plastic bulk
   79  merchandise containers from one seller must:
   80         (a) Obtain proof of ownership from the seller of the
   81  containers and maintain a record that includes the date of the
   82  transaction; the seller’s or consignee’s name, address, and
   83  telephone number; and a description of the containers, including
   84  the number of containers being sold, each container’s serial
   85  number, and other identifying marks.
   86         (b) Verify the seller’s identity with a valid driver
   87  license or other government-issued photo identification card and
   88  maintain a copy thereof in the record of sale.
   89         (c) Make a noncash payment and record the method of payment
   90  used in each transaction.
   91         (3) The purchaser shall maintain required records for at
   92  least 2 years after the date of purchase or delivery, whichever
   93  is later. State attorneys of the judicial circuits in this state
   94  may inspect these records at any time upon reasonable notice.
   95         (4) This section does not apply to:
   96         (a) The collection, receipt, or recycling of plastic bulk
   97  merchandise containers by a licensed waste hauler; or
   98         (b) The possession of plastic bulk merchandise containers
   99  by an entity exempt from federal income tax under s. 501(c)(3)
  100  of the Internal Revenue Code.
  101         Section 3. Section 506.266, Florida Statutes, is created to
  102  read:
  103         506.266Penalties.—
  104         (1) As used in subsections (2) and (3), the term “value”
  105  has the same meaning as in s. 812.012.
  106         (2) A person who violates s. 506.265 in a transaction in
  107  which the value of the plastic bulk merchandise containers is
  108  $10,000 or less commits a misdemeanor of the first degree,
  109  punishable as provided in s. 775.082 or s. 775.083.
  110         (3) A person who violates s. 506.265 in a transaction in
  111  which the value of the plastic bulk merchandise containers is
  112  more than $10,000 commits a felony of the third degree,
  113  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  114         (4) A person who violates s. 506.265 is liable to the owner
  115  of a stolen plastic bulk merchandise container for three times
  116  the replacement value of the stolen plastic bulk merchandise
  117  container. The owner of the plastic bulk merchandise container
  118  may bring an action in a court of competent jurisdiction to
  119  recover money damages and attorney fees and costs incurred in
  120  maintaining the action.
  121         Section 4. This act shall take effect October 1, 2013.