HB 113

1
A bill to be entitled
2An act relating to secondary metals recycling; amending s.
3538.19, F.S.; requiring additional information to be
4recorded by secondary metals recyclers; providing audit
5authority and enforcement and reporting requirements for
6the Department of Revenue; creating s. 538.195, F.S.;
7requiring specified information to be reported by
8secondary metals recyclers to the Department of Law
9Enforcement for specified transactions; providing for
10forms; requiring retention of certain metals received for
11a specified period; providing penalties for failure to
12report; amending s. 538.23, F.S.; providing criminal
13penalties for specified violations by secondary metals
14recyclers; amending s. 538.25, F.S.; providing specified
15administrative penalties for certain violations by
16secondary metals recyclers; amending s. 538.26, F.S.;
17prohibiting purchases of certain regulated metals from
18minors; prohibiting purchases of or removal of insulation
19from certain metallic wire; providing exceptions; creating
20s. 538.27, F.S.; prohibiting cash payments and payments on
21site at the time of the transaction in certain regulated
22metals transactions; requiring receipts meeting specified
23requirements for certain transactions; providing
24exceptions; creating s. 538.28, F.S.; prohibiting sale of
25certain items; providing exceptions; providing penalties;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 538.19, Florida Statutes, is amended to
31read:
32     538.19  Records required.--
33     (1)  A secondary metals recycler shall maintain a legible
34record of all purchase transactions to which such secondary
35metals recycler is a party.
36     (2)  The following information must be maintained for each
37purchase transaction:
38     (a)  The name and address of the secondary metals recycler.
39     (b)  The name, initials, or other identification of the
40individual entering the information on the ticket.
41     (c)  The date and time of the transaction.
42     (d)  A photograph of the regulated metals property
43purchased The weight, quantity, or volume, and a description,
44including weight, quantity, or volume, of the type of regulated
45metals property purchased in a purchase transaction.
46     (e)  The amount of consideration given in a purchase
47transaction for the regulated metals property.
48     (f)  A signed statement from the person delivering the
49regulated metals property stating that she or he is the rightful
50owner of, or is entitled to sell, the regulated metals property
51being sold.
52     (g)  The distinctive number from the personal
53identification card of the person delivering the regulated
54metals property to the secondary metals recycler.
55     (h)  A photograph, videotape, or similar likeness of the
56person receiving consideration in which such person's facial
57features are clearly visible.
58     (i)  The name; physical description, including gender,
59height, weight, race, and eye and hair color; physical address;
60date of birth; and signature of the person delivering the
61regulated metals property and a photocopy of that person's
62current personal identification card. The secondary metals
63recycler must validate as much of the information provided by
64the person delivering the regulated metals property under this
65paragraph as possible by using a personal identification card
66provided by that person.
67     (j)  The sales tax number, if applicable, of the person
68delivering the regulated metals property.
69     (k)  The number and state of issuance of the license tag on
70the motor vehicle used to deliver the regulated metals, if
71applicable.
72     (3)  A secondary metals recycler shall maintain or cause to
73be maintained the information required by this section for not
74less than 5 years from the date of the purchase transaction.
75     (4)  The department is authorized to perform routine,
76random audits of the records of secondary metals recyclers and
77shall enforce the provisions of this section and report any
78suspicious purchases or sales of metal recorded pursuant to this
79section to the applicable local law enforcement agency. Nothing
80in this subsection shall be construed to prevent a local law
81enforcement agency from enforcing this section in any other
82manner consistent with law.
83     Section 2.  Section 538.195, Florida Statutes, is created
84to read:
85     538.195  Report to the Department of Law Enforcement;
86exemption; penalties.--
87     (1)  A secondary metals recycler shall deliver to the
88Department of Law Enforcement, on a paper or electronic form
89designed and made available by that department, a record of the
90receipt of regulated metals property within 24 hours after
91receipt, unless the metals were received from an industrial
92account or a secondary metals recycler for which a record is
93required to be kept by s. 538.19. The record of receipt shall
94include all information required by s. 538.19(2)(a), (c), (d),
95(e), (i), and (k), excluding the signature of the person
96delivering the regulated metals property.
97     (2)  For receipt of copper or aluminum wire with a diameter
98of three-eighths of an inch or larger and for transactions with
99a value over $100, a secondary metals recycler shall hold in its
100custody any regulated metal received in a reportable transaction
101for 7 days after filing the report required by subsection (1) in
102the same size, shape, and condition in which the regulated metal
103was received on its business premises. This subsection does not
104apply to:
105     (a)  Transactions with industrial accounts or other
106secondary metals recyclers.
107     (b)  Purchases of used aluminum beverage containers or
108ferrous regulated metals.
109     (c)  Purchases of regulated metal authorized for release by
110a law enforcement officer with jurisdiction over the secondary
111metals recycler.
112     (3)  A person who fails to file a report required by this
113section commits:
114     (a)  For the first offense, a misdemeanor of the second
115degree, punishable as provided in s. 775.082 or s. 775.083.
116     (b)  For a second or subsequent offense, a misdemeanor of
117the first degree, punishable as provided in s. 775.082 or s.
118775.083.
119     Section 3.  Subsection (1) of section 538.23, Florida
120Statutes, is amended to read:
121     538.23  Violations and penalties.--
122     (1)  A secondary metals recycler who shall, upon conviction
123of 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
126records as required by s. 538.19; or
127     (c)  Violates Violating s. 538.26(4), (6), or (7)
128
129commits be guilty of a misdemeanor of the first degree,
130punishable as provided in s. 775.082.
131     Section 4.  Subsection (4) of section 538.25, Florida
132Statutes, is amended to read:
133     538.25  Registration.--
134     (4)  In addition to the fine provided in subsection (3),
135registration under this section may be denied or any
136registration granted may be revoked, restricted, or suspended by
137the department if, after October 2, 1989, and within a 24-month
138period immediately preceding such denial, revocation,
139restriction, or suspension:
140     (a)  The applicant or registrant has been convicted of
141knowingly and intentionally:
142     1.  Violating s. 538.195, s. 538.20, or s. 538.21, s.
143538.27, or s. 538.28;
144     2.  Engaging in a pattern of failing to keep records as
145required by s. 538.19;
146     3.  Making a material false statement in the application
147for registration; or
148     4.  Engaging in a fraudulent act in connection with any
149purchase or sale of regulated metals property;
150     (b)  The applicant or registrant has been convicted of, or
151entered a plea of guilty or nolo contendere to, a felony
152committed by the secondary metals recycler against the laws of
153the state or of the United States involving theft, larceny,
154dealing in stolen property, receiving stolen property, burglary,
155embezzlement, obtaining property by false pretenses, possession
156of altered property, or any felony drug offense or of knowingly
157and intentionally violating the laws of the state relating to
158registration as a secondary metals recycler; or
159     (c)  The applicant has, after receipt of written notice
160from the department of failure to pay sales tax, failed or
161refused to pay, within 30 days after the secondary metals
162recycler's receipt of such written notice, any sales tax owed to
163the department.
164     Section 5.  Subsections (6) and (7) are added to section
165538.26, Florida Statutes, to read:
166     538.26  Certain acts and practices prohibited.--It is
167unlawful for a secondary metals recycler to do or allow any of
168the following acts:
169     (6)  Purchase regulated metals from a minor, other than
170used aluminum beverage containers or materials consisting of a
171metal product in its original manufactured form that is
172comprised of no more than 20 percent by weight of nonferrous
173metal.
174     (7)(a)  Purchase or otherwise receive metallic wire that
175was burned in whole or in part to remove insulation unless the
176secondary metals recycler receives from the regulated metal
177seller written evidence that identifies the person delivering
178the wire and written evidence that the wire was lawfully burned.
179     (b)  Accept aluminum wire or copper wire with a diameter of
180three-eighths of an inch or larger that has had the insulation
181removed.
182     (c)  Remove the insulation from aluminum wire or copper
183wire with a diameter of three-eighths of an inch or larger until
184after the 7-day period prescribed by s. 538.195(2).
185
186This subsection does not apply to transactions with industrial
187accounts or between secondary metals recyclers.
188     Section 6.  Section 538.27, Florida Statutes, is created to
189read:
190     538.27  Payment.--
191     (1)  A secondary metals recycler shall not:
192     (a)  Provide payment for any regulated metals on site at
193the time of the regulated metals transaction. Payment shall be
194made by mailing a check or money order to a physical address
195provided by the seller through personal identification as
196provided in s. 538.19(2)(i). The check or money order shall be
197made payable to the business name for an industrial account.
198This paragraph applies to:
199     1.  All transactions with an industrial account, unless the
200industrial account annually preregisters employees with the
201secondary metals recycler who shall be authorized sellers on
202behalf of the industrial account.
203     2.  All transactions, except transactions with industrial
204accounts exempted under subparagraph 1., that are purchases of:
205     a.  Copper or aluminum wire with a diameter of three-eights
206of an inch or larger; or
207     b.  Three hundred dollars or more.
208     (b)  Conduct a series of transactions for one vehicle load
209of regulated metals to avoid the requirements of this section.
210     (c)  Participate in more than one cash transaction per day
211for regulated metals with any one seller.
212     (2)  For each regulated metals transaction, the secondary
213metals recycler shall provide a receipt to the person delivering
214the regulated metals on site at the time of the transaction that
215includes the following information:
216     (a)  The date, time, and place of the transaction.
217     (b)  An identifying description and weight of the specific
218regulated metals received.
219     (c)  The dollar amount of the transaction.
220     (3)  This section does not apply to transactions involving
221used aluminum beverage containers or materials consisting of a
222metal product in its original manufactured form that is
223comprised of no more than 20 percent by weight of nonferrous
224metal.
225     Section 7.  Section 538.28, Florida Statutes, is created to
226read:
227     538.28  Sales of certain items prohibited.--
228     (1)  Notwithstanding any provision of law, rule, or
229regulation to the contrary, it is unlawful to sell, offer for
230sale, or purchase as junk any metal item bearing markings of any
231governmental entity, utility company, cemetery, or railroad,
232including street signs, propane containers for fueling
233forklifts, or funeral markers.
234     (2)  This section does not apply to the sale, offer for
235sale, or purchase as junk of such items by a duly authorized
236employee or representative of any governmental entity acting
237within his or her official capacity or by a duly authorized
238employee or representative of a utility company, cemetery, or
239railroad authorized to act on behalf of his or her employer.
240     (3)  A person who violates this section commits a
241misdemeanor of the first degree, punishable as provided in s.
242775.082 or s. 775.083.
243     Section 8.  This act shall take effect July 1, 2008.


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