CS/HB 105

1	A bill to be entitled
2	An act relating to secondary metals recyclers; amending s.
3	538.18, F.S.; revising the definition of "personal
4	identification card"; deleting an exclusion of
5	transactions under a specified amount from the definition
6	of "purchase transaction" for specified purposes; revising
7	the definition of "regulated metals property"; amending s.
8	538.19, F.S.; revising recordkeeping requirements for
9	purchase transactions; providing for additional seller
10	information to be obtained; requiring an image of the
11	regulated metals being sold; amending s. 538.23, F.S.;
12	providing for enhanced penalties for third or subsequent
13	violations of a specified provision; providing enhanced
14	penalties for violations of specified provisions relating
15	to false verification of ownership or false or altered
16	identification of a seller of regulated metals; creating
17	s. 538.235, F.S.; prohibiting secondary metals recyclers
18	from entering into cash transactions in certain
19	circumstances; amending s. 538.25, F.S.; requiring the
20	Department of Revenue to provide a law enforcement
21	official, upon request, with specified information
22	regarding certain secondary metals recyclers; amending s.
23	538.26, F.S.; prohibiting the purchase of any regulated
24	metals property when presented at the property of a
25	secondary metals recycler and not transported in a motor
26	vehicle; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsections (5), (6), and (7) of section
31	538.18, Florida Statutes, are amended to read:
32	538.18  Definitions.--As used in this part, the term:
33	(5)  "Personal identification card" means any government-
34	issued photographic identification card a driver's license or
35	identification card issued by the Department of Highway Safety
36	and Motor Vehicles under s. 322.03 or s. 322.051, or a similar
37	card issued by another state, a military identification card, a
38	passport, or an appropriate work authorization issued by the
39	United States Bureau of Citizenship and Immigration Services.
40	(6)  "Purchase transaction" means a transaction in which a
41	secondary metals recycler gives consideration having a value in
42	excess of $10 in exchange for regulated metals property.
43	(7)  "Regulated metals property" means any item composed
44	primarily of any nonferrous metals, but shall not include
45	aluminum beverage containers, used beverage containers, or
46	similar beverage containers. The term shall include stainless
47	steel beer kegs.
48	Section 2.  Subsection (2) of section 538.19, Florida
49	Statutes, is amended to read:
50	538.19  Records required.--
51	(2)  The following information must be maintained on a form
52	approved by the Department of Law Enforcement for each purchase
53	transaction:
54	(a)  The name and address of the secondary metals recycler.
55	(b)  The name, initials, or other identification of the
56	individual entering the information on the ticket.
57	(c)  The date and time of the transaction.
58	(d)  The weight, quantity, or volume, and a description of
59	the type of regulated metals property purchased in a purchase
60	transaction.
61	(e)  The amount of consideration given in a purchase
62	transaction for the regulated metals property.
63	(f)  A signed statement from the person delivering the
64	regulated metals property stating that she or he is the rightful
65	owner of, or is entitled to sell, the regulated metals property
66	being sold. If the purchase involves a stainless steel beer keg,
67	the seller must provide written documentation from the
68	manufacturer that the seller is the owner of the stainless steel
69	beer keg or is an employee or agent of the manufacturer.
70	(g)  The distinctive number from the personal
71	identification card of the person delivering the regulated
72	metals property to the secondary metals recycler.
73	(h)  A description of the person from whom the goods were
74	acquired, including:
75	1.  Full name, current residential address, workplace, and
76	home and work phone numbers.
77	2.  Height, weight, date of birth, race, gender, hair
78	color, eye color, and any other identifying marks.
79	3.  The right thumbprint, free of smudges and smears.
80	4.  Vehicle description to include the make, model, and tag
81	number of the vehicle and trailer of the person selling the
82	regulated metals property.
83	5.  Any other information required by the form approved by
84	the Department of Law Enforcement.
85	(i)  A photograph, videotape, or digital image of the
86	regulated metals being sold.
87	(j)(h)  A photograph, videotape, or similar likeness of the
88	person receiving consideration in which such person's facial
89	features are clearly visible.
90	Section 3.  Subsections (1) and (3) of section 538.23,
91	Florida Statutes, are amended to read:
92	538.23  Violations and penalties.--
93	(1)(a)  Except as provided in paragraph (b), a secondary
94	metals recycler who shall, upon conviction of knowingly and
95	intentionally:
96	1.(a)  Violates Violating s. 538.20 or s. 538.21;
97	2.(b)  Engages Engaging in a pattern of failing to keep
98	records as required by s. 538.19; or
99	3.(c)  Violates Violating s. 538.26(4);, or
100	4.  Violates s. 538.235,
101
102	commits be guilty of a misdemeanor of the first degree,
103	punishable as provided in s. 775.082.
104	(b)  A secondary metals recycler who commits a third or
105	subsequent violation of paragraph (a) commits a felony of the
106	third degree, punishable as provided in s. 775.082, s. 775.083,
107	or s. 775.084.
108	(3)  Any person who knowingly gives false verification of
109	ownership or who gives a false or altered identification and who
110	receives money or other consideration from a secondary metals
111	recycler in return for regulated metals property commits shall,
112	upon conviction, be guilty of:
113	(a)  A felony misdemeanor of the third first degree,
114	punishable as provided in s. 775.082, or s. 775.083, or s.
115	775.084, if the value of the money or other consideration
116	received is less than $300.
117	(b)  A felony of the second third degree, punishable as
118	provided in s. 775.082, s. 775.083, or s. 775.084, if the value
119	of the money or other consideration received is $300 or more.
120	Section 4.  Section 538.235, Florida Statutes, is created
121	to read:
122	538.235  Method of payment.--A secondary metals recycler
123	shall not enter into any cash transaction in excess of $1,000 in
124	payment for the purchase of regulated metals property. Payment
125	in excess of $1,000 for the purchase of regulated metals
126	property shall be made by check issued to the seller of the
127	metal and payable to the seller.
128	Section 5.  Subsection (6) is added to section 538.25,
129	Florida Statutes, to read:
130	538.25  Registration.--
131	(6)  Upon the request of a law enforcement official, the
132	Department of Revenue shall release to the official the name and
133	address of any secondary metals recycler registered to do
134	business within the official's jurisdiction.
135	Section 6.  Subsection (4) of section 538.26, Florida
136	Statutes, is amended to read:
137	538.26  Certain acts and practices prohibited.--It is
138	unlawful for a secondary metals recycler to do or allow any of
139	the following acts:
140	(4)  Purchase regulated metals property from any seller who
141	presents such property for sale at the registered location of
142	the secondary metals recycler when such property was not
143	transported in a motor vehicle unless the seller can prove
144	ownership of the regulated metals property.
145	Section 7.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.