CS/CS/HB 105

1
A bill to be entitled
2An act relating to secondary metals recyclers; amending s.
3538.18, F.S.; revising the definition of "personal
4identification card"; deleting an exclusion of
5transactions under a specified amount from the definition
6of "purchase transaction" for specified purposes; revising
7the definition of "regulated metals property"; amending s.
8538.19, F.S.; revising recordkeeping requirements for
9purchase transactions; providing for additional seller
10information to be obtained; requiring an image of the
11regulated metals being sold; providing an exemption from a
12specified recordkeeping provision if the same information
13is maintained in an electronic database meeting specified
14requirements; providing a substitute recordkeeping
15requirement for certain transactions between registered
16secondary metals recyclers; amending s. 538.23, F.S.;
17providing for enhanced penalties for third or subsequent
18violations of a specified provision; providing enhanced
19penalties for violations of specified provisions relating
20to false verification of ownership or false or altered
21identification of a seller of regulated metals;
22prohibiting engaging in business as a secondary metals
23recycler without registration with the Department of
24Revenue under a specified provision; providing criminal
25penalties; creating s. 538.235, F.S.; prohibiting
26secondary metals recyclers from entering into cash
27transactions in certain circumstances; amending s. 538.25,
28F.S.; requiring the Department of Revenue to provide a law
29enforcement official, upon request, with specified
30information regarding certain secondary metals recyclers;
31amending s. 538.26, F.S.; prohibiting the purchase of any
32regulated metals property when presented at the property
33of a secondary metals recycler and not transported in a
34motor vehicle; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsections (5), (6), and (7) of section
39538.18, Florida Statutes, are amended to read:
40     538.18  Definitions.--As used in this part, the term:
41     (5)  "Personal identification card" means any government-
42issued photographic identification card a driver's license or
43identification card issued by the Department of Highway Safety
44and Motor Vehicles under s. 322.03 or s. 322.051, or a similar
45card issued by another state, a military identification card, a
46passport, or an appropriate work authorization issued by the
47United States Bureau of Citizenship and Immigration Services.
48     (6)  "Purchase transaction" means a transaction in which a
49secondary metals recycler gives consideration having a value in
50excess of $10 in exchange for regulated metals property.
51     (7)  "Regulated metals property" means any item composed
52primarily of any nonferrous metals, but shall not include
53aluminum beverage containers, used beverage containers, or
54similar beverage containers. The term shall include stainless
55steel beer kegs.
56     Section 2.  Section 538.19, Florida Statutes, is amended to
57read:
58     538.19  Records required.--
59     (1)  A secondary metals recycler shall maintain a legible
60record of all purchase transactions to which such secondary
61metals recycler is a party.
62     (2)  The following information must be maintained on a form
63approved by the Department of Law Enforcement for each purchase
64transaction:
65     (a)  The name and address of the secondary metals recycler.
66     (b)  The name, initials, or other identification of the
67individual entering the information on the ticket.
68     (c)  The date and time of the transaction.
69     (d)  The weight, quantity, or volume, and a description of
70the type of regulated metals property purchased in a purchase
71transaction.
72     (e)  The amount of consideration given in a purchase
73transaction for the regulated metals property.
74     (f)  A signed statement from the person delivering the
75regulated metals property stating that she or he is the rightful
76owner of, or is entitled to sell, the regulated metals property
77being sold. If the purchase involves a stainless steel beer keg,
78the seller must provide written documentation from the
79manufacturer that the seller is the owner of the stainless steel
80beer keg or is an employee or agent of the manufacturer.
81     (g)  The distinctive number from the personal
82identification card of the person delivering the regulated
83metals property to the secondary metals recycler.
84     (h)  A description of the person from whom the goods were
85acquired, including:
86     1.  Full name, current residential address, workplace, and
87home and work phone numbers.
88     2.  Height, weight, date of birth, race, gender, hair
89color, eye color, and any other identifying marks.
90     3.  The right thumbprint, free of smudges and smears.
91     4.  Vehicle description to include the make, model, and tag
92number of the vehicle and trailer of the person selling the
93regulated metals property.
94     5.  Any other information required by the form approved by
95the Department of Law Enforcement.
96     (i)  A photograph, videotape, or digital image of the
97regulated metals being sold.
98     (j)(h)  A photograph, videotape, or similar likeness of the
99person receiving consideration in which such person's facial
100features are clearly visible.
101     (3)  Any secondary metals recycler that maintains an
102electronic database containing the information required in
103paragraph (2)(h), along with an oath of ownership with a
104signature of the seller of the secondary metals being purchased
105by the secondary metals recycler and a right thumbprint that has
106no smudges and smears on the oath of ownership for each purchase
107transaction, shall be exempt from the records requirement of
108paragraph (2)(h). A secondary metals recycler complies with the
109requirements of this section if it maintains an electronic
110database containing the information required by paragraph (2)(h)
111as long as the electronic information required by paragraph
112(2)(h), along with an electronic oath of ownership with an
113electronic signature of the seller of the secondary metals being
114purchased by the secondary metals recyclers and an electronic
115image of the seller's right thumbprint that has no smudges and
116smears, can be downloaded onto a paper form in the image of the
117form approved by the Department of Law Enforcement as provided
118in subsection (2).
119     (4)(3)  A secondary metals recycler shall maintain or cause
120to be maintained the information required by this section for
121not less than 5 years from the date of the purchase transaction.
122     (5)  If a purchase transaction involves the transfer of
123regulated metals property from a secondary metals recycler
124registered with the department to another secondary metals
125recycler registered with the department, the secondary metals
126recycler receiving the regulated metals property shall record
127the name and address of the secondary metals recycler from which
128it received the regulated metals property in lieu of the
129requirements of paragraph (2)(h).
130     Section 3.  Subsections (1), (3), and (4) of section
131538.23, Florida Statutes, are amended, and subsection (5) is
132added to that section, to read:
133     538.23  Violations and penalties.--
134     (1)(a)  Except as provided in paragraph (b), a secondary
135metals recycler who shall, upon conviction of knowingly and
136intentionally:
137     1.(a)  Violates Violating s. 538.20 or s. 538.21;
138     2.(b)  Engages Engaging in a pattern of failing to keep
139records as required by s. 538.19; or
140     3.(c)  Violates Violating s. 538.26(4);, or
141     4.  Violates s. 538.235,
142
143commits be guilty of a misdemeanor of the first degree,
144punishable as provided in s. 775.082.
145     (b)  A secondary metals recycler who commits a third or
146subsequent violation of paragraph (a) commits a felony of the
147third degree, punishable as provided in s. 775.082, s. 775.083,
148or s. 775.084.
149     (3)  Any person who knowingly gives false verification of
150ownership or who gives a false or altered identification and who
151receives money or other consideration from a secondary metals
152recycler in return for regulated metals property commits shall,
153upon conviction, be guilty of:
154     (a)  A felony misdemeanor of the third first degree,
155punishable as provided in s. 775.082, or s. 775.083, or s.
156775.084, if the value of the money or other consideration
157received is less than $300.
158     (b)  A felony of the second third degree, punishable as
159provided in s. 775.082, s. 775.083, or s. 775.084, if the value
160of the money or other consideration received is $300 or more.
161     (4)  If When a lawful owner recovers stolen regulated
162metals property from a secondary metals recycler who has
163complied with the provisions of this part, and the person who
164sold the regulated metals property to the secondary metals
165recycler is convicted of theft, a violation of this section, or
166dealing in stolen property, the court shall order the defendant
167to make full restitution, including, without limitation,
168attorneys' fees, court costs, and other expenses to the
169secondary metals recycler pursuant to s. 775.089.
170     (5)  A person acting as a secondary metals recycler who is
171not registered with the department under s. 538.25 commits a
172felony of the third degree, punishable as provided in s.
173775.082, s. 775.083, or s. 775.084.
174     Section 4.  Section 538.235, Florida Statutes, is created
175to read:
176     538.235  Method of payment.--A secondary metals recycler
177shall not enter into any cash transaction in excess of $1,000 in
178payment for the purchase of regulated metals property. Payment
179in excess of $1,000 for the purchase of regulated metals
180property shall be made by check issued to the seller of the
181metal and payable to the seller.
182     Section 5.  Subsection (6) is added to section 538.25,
183Florida Statutes, to read:
184     538.25  Registration.--
185     (6)  Upon the request of a law enforcement official, the
186Department of Revenue shall release to the official the name and
187address of any secondary metals recycler registered to do
188business within the official's jurisdiction.
189     Section 6.  Subsection (4) of section 538.26, Florida
190Statutes, is amended to read:
191     538.26  Certain acts and practices prohibited.--It is
192unlawful for a secondary metals recycler to do or allow any of
193the following acts:
194     (4)  Purchase regulated metals property from any seller who
195presents such property for sale at the registered location of
196the secondary metals recycler when such property was not
197transported in a motor vehicle unless the seller can prove
198ownership of the regulated metals property.
199     Section 7.  This act shall take effect October 1, 2008.


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