Florida Senate - 2014                             CS for SB 1182
       
       
        
       By the Committee on Commerce and Tourism; and Senator Brandes
       
       
       
       
       
       577-03116-14                                          20141182c1
    1                        A bill to be entitled                      
    2         An act relating to secondary metals recyclers;
    3         providing for a type two transfer of the regulation of
    4         secondary metals recyclers from the Department of
    5         Revenue to the Department of Agriculture and Consumer
    6         Services; amending s. 213.05, F.S.; repealing
    7         provision that requires that the Department of Revenue
    8         regulate the registration of secondary metals
    9         recyclers; amending s. 213.053, F.S.; authorizing the
   10         Department of Revenue to share specified information
   11         with the Department of Agriculture and Consumer
   12         Services; conforming provisions to changes made by the
   13         act; amending s. 319.30, F.S.; redefining the term
   14         “certificate of registration number”; amending s.
   15         538.18, F.S.; redefining terms; amending s. 538.19,
   16         F.S.; requiring the Department of Agriculture and
   17         Consumer Services, rather than the Department of Law
   18         Enforcement, to approve the form of certain records
   19         maintained by secondary metals recyclers; amending s.
   20         538.20, F.S.; authorizing investigators of the
   21         Department of Agriculture and Consumer Services to
   22         inspect regulated metals property and records of
   23         secondary metals recyclers; amending s. 538.21, F.S.;
   24         clarifying a provision of law; amending s. 538.23,
   25         F.S.; providing criminal penalties for specified
   26         prohibited acts and practices; amending s. 538.25,
   27         F.S.; revising required application information for a
   28         secondary metals recycler registration; requiring that
   29         a secondary metals recycler maintain certain insurance
   30         coverage throughout the registration period; requiring
   31         that certain applicants for a secondary metals
   32         recycler registration be fingerprinted by certain
   33         agencies, entities, or vendors; requiring such
   34         agencies, entities, or vendors to submit a complete
   35         set of the applicant’s fingerprints to the Department
   36         of Law Enforcement for state processing; requiring the
   37         Department of Law Enforcement to forward the
   38         applicant’s fingerprints to the Federal Bureau of
   39         Investigation for national processing; providing that
   40         fees for fingerprint processing and retention be borne
   41         by the applicant; providing for retention of the
   42         fingerprints; requiring the department to notify the
   43         Department of Law Enforcement of certain individuals
   44         who are no longer registered as secondary metals
   45         recyclers; requiring the department to screen results
   46         of background checks; increasing registration and
   47         renewal fees; requiring that fees be deposited into
   48         the General Inspection Trust Fund, rather than the
   49         Operating Trust Fund; requiring a secondary metals
   50         recycler to allow personnel of the Department of
   51         Agriculture and Consumer Services to inspect a
   52         registration at the listed place of business;
   53         providing remedies to the Department of Agriculture
   54         and Consumer Services if a secondary metals recycler
   55         fails to allow such inspection; repealing certain
   56         civil fines; revising criteria to deny or revoke a
   57         registration as a secondary metals recycler; providing
   58         for immediate suspension of an application for
   59         registration or a registration if the applicant or
   60         registrant, or an owner, officer, director, or trustee
   61         of an applicant or registrant is convicted of certain
   62         felonies; conforming provisions to changes made by the
   63         act; amending s. 538.26, F.S.; prohibiting a secondary
   64         metals recycler from purchasing or allowing any person
   65         to purchase certain metals on a Sunday; revising the
   66         list of regulated metals subject to certain purchase
   67         restrictions; creating s. 538.27, F.S.; providing
   68         administrative penalties; specifying administrative
   69         procedures; providing for the collection of
   70         administrative fines; creating s. 538.29, F.S.;
   71         authorizing the Department of Agriculture and Consumer
   72         Services to adopt certain rules and forms; providing
   73         an appropriation; providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. All powers; duties; functions; records;
   78  personnel; property; pending issues and existing contracts;
   79  administrative authority; administrative rules; and unexpended
   80  balances of appropriations, allocations, and other funds for the
   81  regulation of secondary metal recyclers are transferred by a
   82  type two transfer, as defined in s. 20.06(2), Florida Statutes,
   83  from the Department of Revenue to the Department of Agriculture
   84  and Consumer Services.
   85         Section 2. Section 213.05, Florida Statutes, is amended to
   86  read:
   87         213.05 Department of Revenue; control and administration of
   88  revenue laws.—The Department of Revenue shall have only those
   89  responsibilities for ad valorem taxation specified to the
   90  department in chapter 192, taxation, general provisions; chapter
   91  193, assessments; chapter 194, administrative and judicial
   92  review of property taxes; chapter 195, property assessment
   93  administration and finance; chapter 196, exemption; chapter 197,
   94  tax collections, sales, and liens; chapter 199, intangible
   95  personal property taxes; and chapter 200, determination of
   96  millage. The Department of Revenue shall have the responsibility
   97  of regulating, controlling, and administering all revenue laws
   98  and performing all duties as provided in s. 125.0104, the Local
   99  Option Tourist Development Act; s. 125.0108, tourist impact tax;
  100  chapter 198, estate taxes; chapter 201, excise tax on documents;
  101  chapter 202, communications services tax; chapter 203, gross
  102  receipts taxes; chapter 206, motor and other fuel taxes; chapter
  103  211, tax on production of oil and gas and severance of solid
  104  minerals; chapter 212, tax on sales, use, and other
  105  transactions; chapter 220, income tax code; ss. 336.021 and
  106  336.025, taxes on motor fuel and special fuel; s. 376.11,
  107  pollutant spill prevention and control; s. 403.718, waste tire
  108  fees; s. 403.7185, lead-acid battery fees; s. 538.09,
  109  registration of secondhand dealers; s. 538.25, registration of
  110  secondary metals recyclers; s. 624.4621, group self-insurer’s
  111  fund premium tax; s. 624.5091, retaliatory tax; s. 624.475,
  112  commercial self-insurance fund premium tax; ss. 624.509-624.511,
  113  insurance code: administration and general provisions; s.
  114  624.515, State Fire Marshal regulatory assessment; s. 627.357,
  115  medical malpractice self-insurance premium tax; s. 629.5011,
  116  reciprocal insurers premium tax; and s. 681.117, motor vehicle
  117  warranty enforcement.
  118         Section 3. Subsection (1), paragraph (p) of subsection (8),
  119  and subsection (11) of section 213.053, Florida Statutes, are
  120  amended to read:
  121         213.053 Confidentiality and information sharing.—
  122         (1) This section applies to:
  123         (a) Section 125.0104, county government;
  124         (b) Section 125.0108, tourist impact tax;
  125         (c) Chapter 175, municipal firefighters’ pension trust
  126  funds;
  127         (d) Chapter 185, municipal police officers’ retirement
  128  trust funds;
  129         (e) Chapter 198, estate taxes;
  130         (f) Chapter 199, intangible personal property taxes;
  131         (g) Chapter 201, excise tax on documents;
  132         (h) Chapter 202, the Communications Services Tax
  133  Simplification Law;
  134         (i) Chapter 203, gross receipts taxes;
  135         (j) Chapter 211, tax on severance and production of
  136  minerals;
  137         (k) Chapter 212, tax on sales, use, and other transactions;
  138         (l) Chapter 220, income tax code;
  139         (m) Section 252.372, emergency management, preparedness,
  140  and assistance surcharge;
  141         (n) Section 379.362(3), Apalachicola Bay oyster surcharge;
  142         (o) Chapter 376, pollutant spill prevention and control;
  143         (p) Section 403.718, waste tire fees;
  144         (q) Section 403.7185, lead-acid battery fees;
  145         (r) Section 538.09, registration of secondhand dealers;
  146         (s) Section 538.25, registration of secondary metals
  147  recyclers;
  148         (s)(t) Sections 624.501 and 624.509-624.515, insurance
  149  code;
  150         (t)(u) Section 681.117, motor vehicle warranty enforcement;
  151  and
  152         (u)(v) Section 896.102, reports of financial transactions
  153  in trade or business.
  154         (8) Notwithstanding any other provision of this section,
  155  the department may provide:
  156         (p) Names, addresses, and sales tax registration
  157  information, and information relative to chapter 212 for
  158  purposes of enforcing s.538.235(3), to the Division of Consumer
  159  Services of the Department of Agriculture and Consumer Services
  160  in the conduct of its official duties.
  161  
  162  Disclosure of information under this subsection shall be
  163  pursuant to a written agreement between the executive director
  164  and the agency. Such agencies, governmental or nongovernmental,
  165  shall be bound by the same requirements of confidentiality as
  166  the Department of Revenue. Breach of confidentiality is a
  167  misdemeanor of the first degree, punishable as provided by s.
  168  775.082 or s. 775.083.
  169         (11) Notwithstanding any other provision of this section,
  170  with respect to a request for verification of a certificate of
  171  registration issued pursuant to s. 212.18 to a specified dealer
  172  or taxpayer or with respect to a request by a law enforcement
  173  officer for verification of a certificate of registration issued
  174  pursuant to s. 538.09 to a specified secondhand dealer or
  175  pursuant to s. 538.25 to a specified secondary metals recycler,
  176  the department may disclose whether the specified person holds a
  177  valid certificate or whether a specified certificate number is
  178  valid or whether a specified certificate number has been
  179  canceled or is inactive or invalid and the name of the holder of
  180  the certificate. This subsection does shall not be construed to
  181  create a duty to request verification of any certificate of
  182  registration.
  183         Section 4. Paragraph (b) of subsection (1) of section
  184  319.30, Florida Statutes, is amended to read:
  185         319.30 Definitions; dismantling, destruction, change of
  186  identity of motor vehicle or mobile home; salvage.—
  187         (1) As used in this section, the term:
  188         (b) “Certificate of registration number” means the
  189  certificate of registration number issued by the Department of
  190  Agriculture and Consumer Services Revenue of the State of
  191  Florida pursuant to s. 538.25.
  192         Section 5. Subsections (2) and (7) of section 538.18,
  193  Florida Statutes, are amended to read:
  194         538.18 Definitions.—As used in this part, the term:
  195         (2) “Department” means the Department of Agriculture and
  196  Consumer Services Revenue.
  197         (7) “Personal identification card” means one of the
  198  following forms of identification, which must be valid and
  199  contain the individual’s photograph and current address:
  200         (a) A valid Florida driver license.
  201         (b), A Florida identification card issued by the
  202  Department of Highway Safety and Motor Vehicles.
  203         (c)A, an equivalent form of identification equivalent to
  204  paragraph (a) or paragraph (b) issued by another state.
  205         (d), A passport.
  206         (e), or An employment authorization issued by the United
  207  States Bureau of Citizenship and Immigration Services that
  208  contains an individual’s photograph and current address.
  209         Section 6. Subsections (1) through (3) of section 538.19,
  210  Florida Statutes, are amended to read:
  211         538.19 Records required; limitation of liability.—
  212         (1) A secondary metals recycler shall maintain a legible
  213  paper record of all purchase transactions to which such
  214  secondary metals recycler is a party. A secondary metals
  215  recycler shall also maintain a legible electronic record, in the
  216  English language, of all such purchase transactions. The
  217  appropriate law enforcement official may provide data
  218  specifications regarding the electronic record format, but such
  219  format must be approved by the department of Law Enforcement. An
  220  electronic record of a purchase transaction shall be
  221  electronically transmitted to the appropriate law enforcement
  222  official no later than 10 a.m. of the business day following the
  223  date of the purchase transaction. The record transmitted to the
  224  appropriate law enforcement official must not contain the price
  225  paid for the items. A secondary metals recycler who transmits
  226  such records electronically is not required to also deliver the
  227  original or paper copies of the transaction forms to the
  228  appropriate law enforcement official. However, such official
  229  may, for purposes of a criminal investigation, request the
  230  secondary metals recycler to make available the original
  231  transaction form that was electronically transmitted. This
  232  original transaction form must include the price paid for the
  233  items. The secondary metals recycler shall make the form
  234  available to the appropriate law enforcement official within 24
  235  hours after receipt of the request.
  236         (2) The following information must be maintained on the
  237  form approved by the department of Law Enforcement for each
  238  purchase transaction:
  239         (a) The name and address of the secondary metals recycler.
  240         (b) The name, initials, or other identification of the
  241  individual entering the information on the ticket.
  242         (c) The date and time of the transaction.
  243         (d) The weight, quantity, or volume, and a description of
  244  the type of regulated metals property purchased in a purchase
  245  transaction.
  246         (e) The amount of consideration given in a purchase
  247  transaction for the regulated metals property.
  248         (f) A signed statement from the person delivering the
  249  regulated metals property stating that she or he is the rightful
  250  owner of, or is entitled to sell, the regulated metals property
  251  being sold. If the purchase involves a stainless steel beer keg,
  252  the seller must provide written documentation from the
  253  manufacturer that the seller is the owner of the stainless steel
  254  beer keg or is an employee or agent of the manufacturer.
  255         (g) The distinctive number from the personal identification
  256  card of the person delivering the regulated metals property to
  257  the secondary metals recycler.
  258         (h) A description of the person from whom the regulated
  259  metals property was acquired, including:
  260         1. Full name, current residential address, workplace, and
  261  home and work phone numbers.
  262         2. Height, weight, date of birth, race, gender, hair color,
  263  eye color, and any other identifying marks.
  264         3. The right thumbprint, free of smudges and smears.
  265         4. Vehicle description to include the make, model, and tag
  266  number of the vehicle and trailer of the person selling the
  267  regulated metals property.
  268         5. Any other information required by the form approved by
  269  the department of Law Enforcement.
  270         (i) A photograph, videotape, or digital image of the
  271  regulated metals being sold.
  272         (j) A photograph, videotape, or similar likeness of the
  273  person receiving consideration in which such person’s facial
  274  features are clearly visible.
  275         (3) A secondary metals recycler complies with the
  276  requirements of this section if it maintains an electronic
  277  database containing the information required by subsection (2)
  278  as long as the electronic information required by subsection
  279  (2), along with an electronic oath of ownership with an
  280  electronic signature of the seller of the secondary metals being
  281  purchased by the secondary metals recyclers and an electronic
  282  image of the seller’s right thumbprint that has no smudges and
  283  smears, can be downloaded onto a paper form in the image of the
  284  form approved by the department of Law Enforcement as provided
  285  in subsection (2).
  286         Section 7. Section 538.20, Florida Statutes, is amended to
  287  read:
  288         538.20 Inspection of regulated metals property and
  289  records.—During the usual and customary business hours of a
  290  secondary metals recycler, a law enforcement officer or a
  291  nonsworn, trained regulatory investigator of the department
  292  shall, after properly identifying herself or himself as a law
  293  enforcement officer, have the right to inspect:
  294         (1) Any and all purchased regulated metals property in the
  295  possession of the secondary metals recycler, and
  296         (2) Any and all records required to be maintained under s.
  297  538.19.
  298         Section 8. Subsection (3) of section 538.21, Florida
  299  Statutes, is amended to read:
  300         538.21 Hold notice.—
  301         (3) A secondary metals recycler may not dispose of property
  302  at any location until any holding period has expired. At the
  303  expiration of the hold period or, if extended in accordance with
  304  this section, at the expiration of the extended hold period, the
  305  hold is automatically released and the secondary metals recycler
  306  may dispose of the regulated metals property unless other
  307  disposition has been ordered by a court of competent
  308  jurisdiction.
  309         Section 9. Subsections (1) and (3) of section 538.23,
  310  Florida Statutes, are amended to read:
  311         538.23 Violations and penalties.—
  312         (1)(a) Except as provided in paragraph (b), a secondary
  313  metals recycler who knowingly and intentionally:
  314         1. Violates s. 538.20, or s. 538.21, s. 538.235, or s.
  315  538.26; or
  316         2. Engages in a pattern of failing to keep records required
  317  under by s. 538.19;
  318         3. Violates s. 538.26(2); or
  319         4. Violates s. 538.235,
  320  
  321  commits a felony of the third degree, punishable as provided in
  322  s. 775.082, s. 775.083, or s. 775.084.
  323         (b) A secondary metals recycler who commits a third or
  324  subsequent violation of paragraph (a) commits a felony of the
  325  second degree, punishable as provided in s. 775.082, s. 775.083,
  326  or s. 775.084.
  327         (3) A Any person who knowingly provides false information,
  328  gives false verification of ownership, or who gives a false or
  329  altered identification and who receives money or other
  330  consideration from a secondary metals recycler in return for
  331  regulated metals property commits:
  332         (a) A felony of the third degree, punishable as provided in
  333  s. 775.082, s. 775.083, or s. 775.084, if the value of the money
  334  or other consideration received is less than $300.
  335         (b) A felony of the second degree, punishable as provided
  336  in s. 775.082, s. 775.083, or s. 775.084, if the value of the
  337  money or other consideration received is $300 or more or is for
  338  restricted regulated metals.
  339         Section 10. Section 538.25, Florida Statutes, is amended to
  340  read:
  341         538.25 Registration.—
  342         (1) A person may not engage in business as a secondary
  343  metals recycler at any location without registering with the
  344  department. To register as a secondary metals recycler, an
  345  application must be submitted to the department on a department
  346  prescribed form. One application is required for each secondary
  347  metals recycler. An applicant must be a natural person who is at
  348  least 18 years of age or a corporation that is organized or
  349  qualified to do business in this state. If the applicant is a
  350  partnership, each partner must separately apply for
  351  registration.
  352         (a)The application must include all the following
  353  information:
  354         1. The full name and address of the applicant. If the
  355  applicant is not a natural person, the applicant shall provide
  356  the full name and address of each direct and beneficial owner of
  357  at least 10 percent equity interest in the applicant. If the
  358  applicant is a corporation, the applicant must also state the
  359  full name and address of each officer and director. The
  360  department shall accept applications only from a fixed business
  361  address. The department may not accept an application that
  362  provides an address of a hotel room or motel room, a vehicle, or
  363  a post office box.
  364         2. The address of each location where the applicant will
  365  engage in business as a secondary metals recycler. The
  366  department shall issue a duplicate registration for each
  367  location. For purposes of subsections (3) and (4) and s. 538.27,
  368  duplicate registrations are individual registrations.
  369         3. If the applicant is a natural person, a complete set of
  370  his or her fingerprints, certified by an authorized law
  371  enforcement officer, and a copy of a valid fullface photographic
  372  identification card.
  373         4. If the applicant is a corporation, the name and address
  374  of the corporation’s registered agent for service of process in
  375  the state; and a certified copy of a statement from the
  376  Secretary of State declaring that the corporation is duly
  377  organized in this state or, if the corporation is organized in
  378  another state, declaring that the corporation is duly qualified
  379  to do business in this state.
  380         5. Evidence of general liability insurance and workers’
  381  compensation insurance coverage. Each secondary metals recycler
  382  must maintain general liability insurance and workers’
  383  compensation insurance throughout the registration period.
  384  Failure to maintain general liability insurance and workers’
  385  compensation insurance during the registration period
  386  constitutes an immediate threat to the public health, safety,
  387  and welfare, and the department may suspend or deny the
  388  registration of a secondary metals recycler without such
  389  insurance coverage.
  390         6. Any additional information requested by the department.
  391         (b)(a)An applicant shall remit a registration fee of $350
  392  for each of the applicant’s business locations with each
  393  application for registration and, if applicable, a fee equal to
  394  the federal and state costs for processing required fingerprints
  395  must be submitted to the department with each application for
  396  registration. One application is required for each secondary
  397  metals recycler. If a secondary metals recycler is the owner of
  398  more than one secondary metals recycling location, the
  399  application must list each location, and the department shall
  400  issue a duplicate registration for each location. For purposes
  401  of subsections (3), (4), and (5), these duplicate registrations
  402  shall be deemed individual registrations. A secondary metals
  403  recycler shall pay a fee of $6 per location at the time of
  404  registration and an annual renewal fee of $350 $6 per location
  405  on October 1 of each year. All fees collected, less costs of
  406  administration, shall be transferred into the General Inspection
  407  Operating Trust Fund.
  408         (c)1. An applicant who is required to submit a copy of his
  409  or her fingerprints under paragraph (a) must be fingerprinted by
  410  an agency, entity, or vendor that meets the requirements of s.
  411  943.053(13). The agency, entity, or vendor shall forward a
  412  complete set of the applicant’s fingerprints to the Department
  413  of Law Enforcement for state processing, and the Department of
  414  Law Enforcement shall forward the applicant’s fingerprints to
  415  the Federal Bureau of Investigation for national processing.
  416         2. Fees for state and national fingerprint processing and
  417  fingerprint retention shall be borne by the applicant. The state
  418  cost for fingerprint processing is that authorized in s.
  419  943.053(3)(b) for records provided to persons or entities other
  420  than those specified as exceptions therein.
  421         3. All fingerprints submitted to the Department of Law
  422  Enforcement as required under this paragraph shall be retained
  423  by the Department of Law Enforcement as provided under s.
  424  943.05(2)(g) and (h) and enrolled in the Federal Bureau of
  425  Investigation’s national retained print arrest notification
  426  program. Fingerprints may not be enrolled in the national
  427  retained print arrest notification program until the Department
  428  of Law Enforcement begins participation with the Federal Bureau
  429  of Investigation. Arrest fingerprints will be searched against
  430  the retained prints by the Department of Law Enforcement and the
  431  Federal Bureau of Investigation.
  432         4. For any renewal of the applicant’s registration, the
  433  department shall request the Department of Law Enforcement to
  434  forward the retained fingerprints of the applicant to the
  435  Federal Bureau of Investigation unless the applicant is enrolled
  436  in the national retained print arrest notification program
  437  described in subparagraph 3. The fee for the national criminal
  438  history check shall be paid as part of the renewal fee to the
  439  department and forwarded by the department to the Department of
  440  Law Enforcement. If the applicant’s fingerprints are retained in
  441  the national retained print arrest notification program, the
  442  applicant shall pay the state and national retention fee to the
  443  department, and the department shall forward the fee to the
  444  Department of Law Enforcement.
  445         5. The department shall notify the Department of Law
  446  Enforcement regarding any person whose fingerprints have been
  447  retained but who is no longer registered under this chapter.
  448         6. The department shall screen background results to
  449  determine if an applicant meets registration requirements.
  450         (b) The department shall forward the full set of
  451  fingerprints to the Department of Law Enforcement for state and
  452  federal processing, provided the federal service is available,
  453  to be processed for any criminal justice information as defined
  454  in s. 943.045. The cost of processing such fingerprints shall be
  455  payable to the Department of Law Enforcement by the department.
  456  The department may issue a temporary registration to each
  457  location pending completion of the background check by state and
  458  federal law enforcement agencies but shall revoke such temporary
  459  registration if the completed background check reveals a
  460  prohibited criminal background. The Department of Law
  461  Enforcement shall report its findings to the Department of
  462  Revenue within 30 days after the date the fingerprints are
  463  submitted for criminal justice information.
  464         (c) An applicant for a secondary metals recycler
  465  registration must be a natural person who has reached the age of
  466  18 years or a corporation organized or qualified to do business
  467  in the state.
  468         1. If the applicant is a natural person, the registration
  469  must include a complete set of her or his fingerprints,
  470  certified by an authorized law enforcement officer, and a recent
  471  fullface photographic identification card of herself or himself.
  472         2. If the applicant is a partnership, all the partners must
  473  make application for registration.
  474         3. If the applicant is a corporation, the registration must
  475  include the name and address of such corporation’s registered
  476  agent for service of process in the state and a certified copy
  477  of statement from the Secretary of State that the corporation is
  478  duly organized in the state or, if the corporation is organized
  479  in a state other than Florida, a certified copy of the statement
  480  that the corporation is duly qualified to do business in this
  481  state.
  482         (2) A secondary metals recycler’s registration shall be
  483  conspicuously displayed at the place of business set forth on
  484  the registration. A secondary metals recycler must allow
  485  department personnel to enter the place of business to ascertain
  486  whether a registration is current. If department personnel are
  487  refused entry or access for such purpose, the department may
  488  seek an inspection warrant pursuant to ss. 933.20-933.30 to
  489  obtain compliance with this subsection A secondary metals
  490  recycler shall not dispose of property at any location until any
  491  holding period has expired.
  492         (3) The Department of Revenue may impose a civil fine of up
  493  to $10,000 for each knowing and intentional violation of this
  494  section, which fine shall be transferred into the General
  495  Revenue Fund. If the fine is not paid within 60 days, the
  496  department may bring a civil action under s. 120.69 to recover
  497  the fine.
  498         (3)(4) In addition to the penalties fine provided in s.
  499  538.27 subsection (3), registration under this section may be
  500  denied or any registration granted may be revoked, restricted,
  501  or suspended by the department if, after October 2, 1989, and
  502  within a 10-year 24-month period immediately preceding such
  503  denial, revocation, restriction, or suspension:
  504         (a) The applicant or registrant, or an owner, officer,
  505  director, or trustee of a registrant or applicant has been
  506  convicted of knowingly and intentionally:
  507         1. Violating s. 538.20, or s. 538.21, or s. 538.26;
  508         2. Engaging in a pattern of failing to keep records as
  509  required by s. 538.19;
  510         3. Making a material false statement in the application for
  511  registration; or
  512         4. Engaging in a fraudulent act in connection with any
  513  purchase or sale of regulated metals property;
  514         (b) The applicant or registrant, or an owner, officer,
  515  director, or trustee of a registrant or applicant has been
  516  convicted of, or entered a plea of guilty or nolo contendere to,
  517  a felony committed by the secondary metals recycler against the
  518  laws of the state or of the United States involving theft,
  519  larceny, dealing in stolen property, receiving stolen property,
  520  burglary, embezzlement, obtaining property by false pretenses,
  521  possession of altered property, or any felony drug offense or of
  522  knowingly and intentionally violating the laws of the state
  523  relating to registration as a secondary metals recycler; or
  524         (c) The applicant or registrant has, after receipt of
  525  written notice from the Department of Revenue of failure to pay
  526  sales tax, failed or refused to pay, within 30 days after the
  527  secondary metals recycler’s receipt of such written notice, any
  528  sales tax owed to the Department of Revenue.
  529         (4)(5) A denial of an application, or a revocation,
  530  restriction, or suspension of a registration, by the department
  531  shall be probationary for a period of 12 months in the event
  532  that the secondary metals recycler subject to such action has
  533  not had any other application for registration denied, or any
  534  registration revoked, restricted, or suspended, by the
  535  department within the previous 24-month period.
  536         (a) If, during the 12-month probationary period, the
  537  department does not again deny an application or revoke,
  538  restrict, or suspend the registration of the secondary metals
  539  recycler, the action of the department shall be dismissed and
  540  the record of the applicant or secondary metals recycler cleared
  541  thereof.
  542         (b) If, during the 12-month probationary period, the
  543  department, for reasons other than those existing before prior
  544  to the original denial or revocation, restriction, or
  545  suspension, again denies an application or revokes, restricts,
  546  or suspends the registration of the secondary metals recycler,
  547  the probationary nature of such original action shall terminate,
  548  and both the original action of the department and the action of
  549  the department causing the termination of the probationary
  550  nature thereof shall immediately be reinstated against the
  551  applicant or secondary metals recycler.
  552         (c) The department shall immediately suspend a registration
  553  or the processing of an application for registration upon
  554  notification and subsequent written verification by a law
  555  enforcement agency, a court, a state attorney, or the Department
  556  of Law Enforcement that the registrant or applicant, or an
  557  owner, officer, director, or trustee of a registrant or
  558  applicant, is convicted of a felony enumerated in chapter 812 or
  559  chapter 817.
  560         (5)(6) Upon the request of a law enforcement official, the
  561  department of Revenue shall release to the official the name and
  562  address of any secondary metals recycler registered to do
  563  business within the official’s jurisdiction.
  564         Section 11. Subsections (1) and (5) of section 538.26,
  565  Florida Statutes, are amended to read:
  566         538.26 Certain acts and practices prohibited.—It is
  567  unlawful for a secondary metals recycler to do or allow any of
  568  the following acts:
  569         (1) Purchase regulated metals property, restricted
  570  regulated metals property, or ferrous metals before 7 a.m. or
  571  after 7 p.m., or any time on Sunday.
  572         (5)(a) Purchase any restricted regulated metals property
  573  listed in paragraph (b) unless the secondary metals recycler
  574  obtains reasonable proof that the seller:
  575         1. Owns such property. Reasonable proof of ownership may
  576  include, but is not limited to, a receipt or bill of sale; or
  577         2. Is an employee, agent, or contractor of the property’s
  578  owner who is authorized to sell the property on behalf of the
  579  owner. Reasonable proof of authorization to sell the property
  580  includes, but is not limited to, a signed letter on the owner’s
  581  letterhead, dated no later than 90 days before the sale,
  582  authorizing the seller to sell the property.
  583         (b) The purchase of any of the following regulated metals
  584  property is subject to the restrictions provided in paragraph
  585  (a):
  586         1. A manhole cover.
  587         2. A metal An electric light pole or other utility
  588  structure and its fixtures.
  589         3., wires, and Hardware that is are readily identifiable
  590  as connected to a metal electric light the utility structure.
  591         4.3. A guard rail.
  592         5.4. A street sign, traffic sign, or traffic signal and its
  593  fixtures and hardware.
  594         6.5. Communication, transmission, distribution, and service
  595  wire from a utility, including copper or aluminum bus bars,
  596  connectors, grounding plates, or grounding wire.
  597         7.6. A funeral marker or funeral vase.
  598         8.7. A historical marker.
  599         9.8. Railroad equipment, including, but not limited to, a
  600  tie plate, signal house, control box, switch plate, E clip, or
  601  rail tie junction.
  602         10.9. Any metal item that is observably marked upon
  603  reasonable inspection with any form of the name, initials, or
  604  logo of a governmental entity, utility company, cemetery, or
  605  railroad.
  606         11.10. A copper, aluminum, or aluminum-copper condensing or
  607  evaporator coil, including its tubing or rods, from an air
  608  conditioning or heating unit, excluding coils from window air
  609  conditioning or heating units and motor vehicle air-conditioning
  610  or heating units.
  611         12.11. An aluminum or stainless steel container or bottle
  612  designed to hold propane for fueling forklifts.
  613         13.12. A stainless steel beer keg.
  614         14.13. A catalytic converter or any nonferrous part of a
  615  catalytic converter unless purchased as part of a motor vehicle.
  616         15.14. Metallic wire that has been burned in whole or in
  617  part to remove insulation.
  618         16.15. A brass or bronze commercial valve or fitting,
  619  referred to as a “fire department connection and control valve”
  620  or an “FDC valve,” that is commonly used on structures for
  621  access to water for the purpose of extinguishing fires.
  622         17.16. A brass or bronze commercial potable water backflow
  623  preventer valve that is commonly used to prevent backflow of
  624  potable water from commercial structures into municipal domestic
  625  water service systems.
  626         18.17. A shopping cart.
  627         19.18. A brass water meter.
  628         20.19. A storm grate.
  629         21.20. A brass sprinkler head used in commercial
  630  agriculture.
  631         22.21.Three or more than two lead-acid batteries, or any
  632  part or component thereof, in a single purchase or from the same
  633  individual in a single day.
  634         Section 12. Section 538.27, Florida Statutes, is created to
  635  read:
  636         538.27 Administrative penalties.—
  637         (1) Upon a determination that a violation of s. 538.19, s.
  638  538.235, s. 538.25, or s. 538.26 has occurred, the department
  639  may do one or more of the following:
  640         (a) Issue a notice of noncompliance pursuant to s. 120.695.
  641         (b) Impose an administrative fine not to exceed $200 per
  642  violation and not to exceed $5,000 per inspection.
  643         (c) Direct that the secondary metals recycler cease and
  644  desist specified activities.
  645         (2) Administrative proceedings that could result in the
  646  entry of an order imposing any penalty specified in this section
  647  must be conducted in accordance with chapter 120.
  648         (3) Fines collected under this section shall be deposited
  649  into the General Inspection Trust Fund. The department may bring
  650  a civil action under s. 120.69 to recover any fine imposed under
  651  this section which is not paid within 60 days after imposition.
  652         Section 13. Section 538.29, Florida Statutes, is created to
  653  read:
  654         538.29 Rulemaking authority.—The department may adopt rules
  655  and forms to administer the provisions of this part. The rules
  656  must include tiered penalties for violations of this part.
  657         Section 14. For the 2014-2015 fiscal year, there is
  658  appropriated to the Department of Agriculture and Consumer
  659  Services, the sums of $259,721 in recurring and $185,664 in
  660  nonrecurring funds from the General Inspection Trust Fund, and 4
  661  full-time equivalent positions with associated salary rate of
  662  138,181, are authorized for the purpose of implementing this
  663  act.
  664         Section 15. This act shall take effect July 1, 2014.