| 1 | A bill to be entitled |
| 2 | An act relating to secondary metals recycling; amending s. |
| 3 | 538.19, F.S.; requiring additional information to be |
| 4 | recorded by secondary metals recyclers; providing audit |
| 5 | authority and enforcement and reporting requirements for |
| 6 | the Department of Revenue; creating s. 538.195, F.S.; |
| 7 | requiring specified information to be reported by |
| 8 | secondary metals recyclers to the Department of Law |
| 9 | Enforcement for specified transactions; providing for |
| 10 | forms; requiring retention of certain metals received for |
| 11 | a specified period; providing penalties for failure to |
| 12 | report; amending s. 538.23, F.S.; providing criminal |
| 13 | penalties for specified violations by secondary metals |
| 14 | recyclers; amending s. 538.25, F.S.; providing specified |
| 15 | administrative penalties for certain violations by |
| 16 | secondary metals recyclers; amending s. 538.26, F.S.; |
| 17 | prohibiting purchases of certain regulated metals from |
| 18 | minors; prohibiting purchases of or removal of insulation |
| 19 | from certain metallic wire; providing exceptions; creating |
| 20 | s. 538.27, F.S.; prohibiting cash payments and payments on |
| 21 | site at the time of the transaction in certain regulated |
| 22 | metals transactions; requiring receipts meeting specified |
| 23 | requirements for certain transactions; providing |
| 24 | exceptions; creating s. 538.28, F.S.; prohibiting sale of |
| 25 | certain items; providing exceptions; providing penalties; |
| 26 | providing an effective date. |
| 27 |
|
| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
|
| 30 | Section 1. Section 538.19, Florida Statutes, is amended to |
| 31 | read: |
| 32 | 538.19 Records required.-- |
| 33 | (1) A secondary metals recycler shall maintain a legible |
| 34 | record of all purchase transactions to which such secondary |
| 35 | metals recycler is a party. |
| 36 | (2) The following information must be maintained for each |
| 37 | purchase transaction: |
| 38 | (a) The name and address of the secondary metals recycler. |
| 39 | (b) The name, initials, or other identification of the |
| 40 | individual entering the information on the ticket. |
| 41 | (c) The date and time of the transaction. |
| 42 | (d) A photograph of the regulated metals property |
| 43 | purchased The weight, quantity, or volume, and a description, |
| 44 | including weight, quantity, or volume, of the type of regulated |
| 45 | metals property purchased in a purchase transaction. |
| 46 | (e) The amount of consideration given in a purchase |
| 47 | transaction for the regulated metals property. |
| 48 | (f) A signed statement from the person delivering the |
| 49 | regulated metals property stating that she or he is the rightful |
| 50 | owner of, or is entitled to sell, the regulated metals property |
| 51 | being sold. |
| 52 | (g) The distinctive number from the personal |
| 53 | identification card of the person delivering the regulated |
| 54 | metals property to the secondary metals recycler. |
| 55 | (h) A photograph, videotape, or similar likeness of the |
| 56 | person receiving consideration in which such person's facial |
| 57 | features are clearly visible. |
| 58 | (i) The name; physical description, including gender, |
| 59 | height, weight, race, and eye and hair color; physical address; |
| 60 | date of birth; and signature of the person delivering the |
| 61 | regulated metals property and a photocopy of that person's |
| 62 | current personal identification card. The secondary metals |
| 63 | recycler must validate as much of the information provided by |
| 64 | the person delivering the regulated metals property under this |
| 65 | paragraph as possible by using a personal identification card |
| 66 | provided by that person. |
| 67 | (j) The sales tax number, if applicable, of the person |
| 68 | delivering the regulated metals property. |
| 69 | (k) The number and state of issuance of the license tag on |
| 70 | the motor vehicle used to deliver the regulated metals, if |
| 71 | applicable. |
| 72 | (3) A secondary metals recycler shall maintain or cause to |
| 73 | be maintained the information required by this section for not |
| 74 | less than 5 years from the date of the purchase transaction. |
| 75 | (4) The department is authorized to perform routine, |
| 76 | random audits of the records of secondary metals recyclers and |
| 77 | shall enforce the provisions of this section and report any |
| 78 | suspicious purchases or sales of metal recorded pursuant to this |
| 79 | section to the applicable local law enforcement agency. Nothing |
| 80 | in this subsection shall be construed to prevent a local law |
| 81 | enforcement agency from enforcing this section in any other |
| 82 | manner consistent with law. |
| 83 | Section 2. Section 538.195, Florida Statutes, is created |
| 84 | to read: |
| 85 | 538.195 Report to the Department of Law Enforcement; |
| 86 | exemption; penalties.-- |
| 87 | (1) A secondary metals recycler shall deliver to the |
| 88 | Department of Law Enforcement, on a paper or electronic form |
| 89 | designed and made available by that department, a record of the |
| 90 | receipt of regulated metals property within 24 hours after |
| 91 | receipt, unless the metals were received from an industrial |
| 92 | account or a secondary metals recycler for which a record is |
| 93 | required to be kept by s. 538.19. The record of receipt shall |
| 94 | include all information required by s. 538.19(2)(a), (c), (d), |
| 95 | (e), (i), and (k), excluding the signature of the person |
| 96 | delivering the regulated metals property. |
| 97 | (2) For receipt of copper or aluminum wire with a diameter |
| 98 | of three-eighths of an inch or larger and for transactions with |
| 99 | a value over $100, a secondary metals recycler shall hold in its |
| 100 | custody any regulated metal received in a reportable transaction |
| 101 | for 7 days after filing the report required by subsection (1) in |
| 102 | the same size, shape, and condition in which the regulated metal |
| 103 | was received on its business premises. This subsection does not |
| 104 | apply to: |
| 105 | (a) Transactions with industrial accounts or other |
| 106 | secondary metals recyclers. |
| 107 | (b) Purchases of used aluminum beverage containers or |
| 108 | ferrous regulated metals. |
| 109 | (c) Purchases of regulated metal authorized for release by |
| 110 | a law enforcement officer with jurisdiction over the secondary |
| 111 | metals recycler. |
| 112 | (3) A person who fails to file a report required by this |
| 113 | section commits: |
| 114 | (a) For the first offense, a misdemeanor of the second |
| 115 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 116 | (b) For a second or subsequent offense, a misdemeanor of |
| 117 | the first degree, punishable as provided in s. 775.082 or s. |
| 118 | 775.083. |
| 119 | Section 3. Subsection (1) of section 538.23, Florida |
| 120 | Statutes, is amended to read: |
| 121 | 538.23 Violations and penalties.-- |
| 122 | (1) A secondary metals recycler who shall, upon conviction |
| 123 | of knowingly and intentionally: |
| 124 | (a) Violates Violating s. 538.20 or s. 538.21; |
| 125 | (b) Engages Engaging in a pattern of failing to keep |
| 126 | records as required by s. 538.19; or |
| 127 | (c) Violates Violating s. 538.26(4), (6), or (7) |
| 128 |
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| 129 | commits be guilty of a misdemeanor of the first degree, |
| 130 | punishable as provided in s. 775.082. |
| 131 | Section 4. Subsection (4) of section 538.25, Florida |
| 132 | Statutes, is amended to read: |
| 133 | 538.25 Registration.-- |
| 134 | (4) In addition to the fine provided in subsection (3), |
| 135 | registration under this section may be denied or any |
| 136 | registration granted may be revoked, restricted, or suspended by |
| 137 | the department if, after October 2, 1989, and within a 24-month |
| 138 | period immediately preceding such denial, revocation, |
| 139 | restriction, or suspension: |
| 140 | (a) The applicant or registrant has been convicted of |
| 141 | knowingly and intentionally: |
| 142 | 1. Violating s. 538.195, s. 538.20, or s. 538.21, s. |
| 143 | 538.27, or s. 538.28; |
| 144 | 2. Engaging in a pattern of failing to keep records as |
| 145 | required by s. 538.19; |
| 146 | 3. Making a material false statement in the application |
| 147 | for registration; or |
| 148 | 4. Engaging in a fraudulent act in connection with any |
| 149 | purchase or sale of regulated metals property; |
| 150 | (b) The applicant or registrant has been convicted of, or |
| 151 | entered a plea of guilty or nolo contendere to, a felony |
| 152 | committed by the secondary metals recycler against the laws of |
| 153 | the state or of the United States involving theft, larceny, |
| 154 | dealing in stolen property, receiving stolen property, burglary, |
| 155 | embezzlement, obtaining property by false pretenses, possession |
| 156 | of altered property, or any felony drug offense or of knowingly |
| 157 | and intentionally violating the laws of the state relating to |
| 158 | registration as a secondary metals recycler; or |
| 159 | (c) The applicant has, after receipt of written notice |
| 160 | from the department of failure to pay sales tax, failed or |
| 161 | refused to pay, within 30 days after the secondary metals |
| 162 | recycler's receipt of such written notice, any sales tax owed to |
| 163 | the department. |
| 164 | Section 5. Subsections (6) and (7) are added to section |
| 165 | 538.26, Florida Statutes, to read: |
| 166 | 538.26 Certain acts and practices prohibited.--It is |
| 167 | unlawful for a secondary metals recycler to do or allow any of |
| 168 | the following acts: |
| 169 | (6) Purchase regulated metals from a minor, other than |
| 170 | used aluminum beverage containers or materials consisting of a |
| 171 | metal product in its original manufactured form that is |
| 172 | comprised of no more than 20 percent by weight of nonferrous |
| 173 | metal. |
| 174 | (7)(a) Purchase or otherwise receive metallic wire that |
| 175 | was burned in whole or in part to remove insulation unless the |
| 176 | secondary metals recycler receives from the regulated metal |
| 177 | seller written evidence that identifies the person delivering |
| 178 | the wire and written evidence that the wire was lawfully burned. |
| 179 | (b) Accept aluminum wire or copper wire with a diameter of |
| 180 | three-eighths of an inch or larger that has had the insulation |
| 181 | removed. |
| 182 | (c) Remove the insulation from aluminum wire or copper |
| 183 | wire with a diameter of three-eighths of an inch or larger until |
| 184 | after the 7-day period prescribed by s. 538.195(2). |
| 185 |
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| 186 | This subsection does not apply to transactions with industrial |
| 187 | accounts or between secondary metals recyclers. |
| 188 | Section 6. Section 538.27, Florida Statutes, is created to |
| 189 | read: |
| 190 | 538.27 Payment.-- |
| 191 | (1) A secondary metals recycler shall not: |
| 192 | (a) Provide payment for any regulated metals on site at |
| 193 | the time of the regulated metals transaction. Payment shall be |
| 194 | made by mailing a check or money order to a physical address |
| 195 | provided by the seller through personal identification as |
| 196 | provided in s. 538.19(2)(i). The check or money order shall be |
| 197 | made payable to the business name for an industrial account. |
| 198 | This paragraph applies to: |
| 199 | 1. All transactions with an industrial account, unless the |
| 200 | industrial account annually preregisters employees with the |
| 201 | secondary metals recycler who shall be authorized sellers on |
| 202 | behalf of the industrial account. |
| 203 | 2. All transactions, except transactions with industrial |
| 204 | accounts exempted under subparagraph 1., that are purchases of: |
| 205 | a. Copper or aluminum wire with a diameter of three-eights |
| 206 | of an inch or larger; or |
| 207 | b. Three hundred dollars or more. |
| 208 | (b) Conduct a series of transactions for one vehicle load |
| 209 | of regulated metals to avoid the requirements of this section. |
| 210 | (c) Participate in more than one cash transaction per day |
| 211 | for regulated metals with any one seller. |
| 212 | (2) For each regulated metals transaction, the secondary |
| 213 | metals recycler shall provide a receipt to the person delivering |
| 214 | the regulated metals on site at the time of the transaction that |
| 215 | includes the following information: |
| 216 | (a) The date, time, and place of the transaction. |
| 217 | (b) An identifying description and weight of the specific |
| 218 | regulated metals received. |
| 219 | (c) The dollar amount of the transaction. |
| 220 | (3) This section does not apply to transactions involving |
| 221 | used aluminum beverage containers or materials consisting of a |
| 222 | metal product in its original manufactured form that is |
| 223 | comprised of no more than 20 percent by weight of nonferrous |
| 224 | metal. |
| 225 | Section 7. Section 538.28, Florida Statutes, is created to |
| 226 | read: |
| 227 | 538.28 Sales of certain items prohibited.-- |
| 228 | (1) Notwithstanding any provision of law, rule, or |
| 229 | regulation to the contrary, it is unlawful to sell, offer for |
| 230 | sale, or purchase as junk any metal item bearing markings of any |
| 231 | governmental entity, utility company, cemetery, or railroad, |
| 232 | including street signs, propane containers for fueling |
| 233 | forklifts, or funeral markers. |
| 234 | (2) This section does not apply to the sale, offer for |
| 235 | sale, or purchase as junk of such items by a duly authorized |
| 236 | employee or representative of any governmental entity acting |
| 237 | within his or her official capacity or by a duly authorized |
| 238 | employee or representative of a utility company, cemetery, or |
| 239 | railroad authorized to act on behalf of his or her employer. |
| 240 | (3) A person who violates this section commits a |
| 241 | misdemeanor of the first degree, punishable as provided in s. |
| 242 | 775.082 or s. 775.083. |
| 243 | Section 8. This act shall take effect July 1, 2008. |