HB 753

1	A bill to be entitled
2	An act relating to secondary metals recyclers; amending s.
3	538.18, F.S.; revising and providing definitions; amending
4	s. 319.30, F.S.; conforming a cross-reference; amending s.
5	538.19, F.S.; revising the period required for secondary
6	metals recyclers to maintain certain information regarding
7	purchase transactions involving regulated metals property;
8	revising requirements for the types of information that
9	secondary metals recyclers must obtain and maintain
10	regarding purchase transactions; limiting the liability of
11	secondary metals recyclers for the conversion of motor
12	vehicles to scrap metal under certain circumstances;
13	amending s. 538.235, F.S.; revising requirements for
14	payments made by secondary metals recyclers to sellers of
15	regulated metals property, to which penalties apply;
16	providing methods of payment for restricted regulated
17	metals property; requiring that purchases of certain
18	property be made by check or by electronic payment;
19	amending s. 538.26, F.S.; prohibiting secondary metals
20	recyclers from purchasing regulated metals property
21	without maintaining certain records; deleting provisions
22	prohibiting the purchase of regulated metals property from
23	certain persons or at certain locations; prohibiting the
24	purchase of specified restricted regulated metals property
25	without obtaining certain proof of the seller's ownership
26	and authorization to sell the property; creating s.
27	538.27, F.S.; limiting civil liability of secondary metals
28	recyclers under certain circumstances; establishing an
29	inference that secondary metals recyclers do not commit
30	theft or deal in stolen property under certain
31	circumstances; creating s. 538.28, F.S.; preempting to the
32	state the regulation of secondary metals recyclers and
33	purchase transactions involving regulated metals property;
34	exempting certain ordinances and regulations from
35	preemption; amending s. 812.022, F.S.; establishing an
36	inference that secondary metals recyclers do not commit
37	theft or deal in stolen property under certain
38	circumstances; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 538.18, Florida Statutes, is amended to
43	read:
44	538.18  Definitions.-As used in this part, the term:
45	(1)(9)  "Department" means the Department of Revenue.
46	(2)(1)  "Ferrous metals" means any metals containing
47	significant quantities of iron or steel.
48	(3)(2)  "Fixed location" means any site occupied by a
49	secondary metals recycler as owner of the site or as lessee of
50	the site under a lease or other rental agreement providing for
51	occupation of the site by the secondary metals recycler for a
52	total duration of not less than 364 days.
53	(4)(3)  "Money" means a medium of exchange authorized or
54	adopted by a domestic or foreign government as part of its
55	currency.
56	(5)(4)  "Nonferrous metals" means metals not containing
57	significant quantities of iron or steel, including, without
58	limitation, copper, brass, aluminum, bronze, lead, zinc, nickel,
59	and alloys thereof, excluding precious metals subject to
60	regulation under part I.
61	(6)(5)  "Personal identification card" means any
62	government-issued photographic identification card.
63	(7)(6)  "Purchase transaction" means a transaction in which
64	a secondary metals recycler gives consideration for regulated
65	metals property.
66	(8)(7)  "Regulated metals property" means any item composed
67	primarily of any nonferrous metals. The term does, but shall not
68	include aluminum beverage containers, used beverage containers,
69	or similar beverage containers; however,. the term includes
70	shall include stainless steel beer kegs.
71	(9)  "Restricted regulated metals property" means any
72	regulated metals property listed in s. 538.26(6)(b) the sale of
73	which is restricted as provided in s. 538.26(6)(a).
74	(10)(8)  "Secondary metals recycler" means any person who:
75	(a)  Is engaged, from a fixed location or otherwise, in the
76	business of gathering or obtaining ferrous or nonferrous metals
77	that have served their original economic purpose or is in the
78	business of performing the manufacturing process by which
79	ferrous metals or nonferrous metals are converted into raw
80	material products consisting of prepared grades and having an
81	existing or potential economic value; or
82	(b)  Has facilities for performing the manufacturing
83	process by which ferrous metals or nonferrous metals are
84	converted into raw material products consisting of prepared
85	grades and having an existing or potential economic value, other
86	than by the exclusive use of hand tools, by methods including,
87	without limitation, processing, sorting, cutting, classifying,
88	cleaning, baling, wrapping, shredding, shearing, or changing the
89	physical form or chemical content thereof.
90	(11)  "Utility" means a person, firm, corporation,
91	association, or political subdivision, whether private,
92	municipal, county, or cooperative, that is engaged in the sale,
93	generation, provision, or delivery of gas, electricity, heat,
94	water, oil, sewer service, or telephone, telegraph, radio, or
95	telecommunications service.
96	Section 2.  Paragraph (u) of subsection (1) of section
97	319.30, Florida Statutes, is amended to read:
98	319.30  Definitions; dismantling, destruction, change of
99	identity of motor vehicle or mobile home; salvage.-
100	(1)  As used in this section, the term:
101	(u)  "Secondary metals recycler" means secondary metals
102	recycler as defined in s. 538.18(10)(8).
103	Section 3.  Subsections (4) and (5) of section 538.19,
104	Florida Statutes, are amended to read:
105	538.19  Records required; limitation of liability.-
106	(4)  A secondary metals recycler shall maintain or cause to
107	be maintained the information required by this section for not
108	less than 2 5 years from the date of the purchase transaction.
109	(5)  If a purchase transaction involves the transfer of
110	regulated metals property from A secondary metals recycler
111	registered with the department that purchases a motor vehicle
112	from a licensed salvage motor vehicle dealer as defined in s.
113	320.27 or to another secondary metals recycler registered with
114	the department and uses a mechanical crusher to convert the
115	vehicle to scrap metal must obtain a signed statement from the
116	seller stating that the seller has surrendered the vehicle's
117	certificate of title to the Department of Highway Safety and
118	Motor Vehicles as provided in s. 319.30 or otherwise complied
119	with the titling requirements provided by law for conversion of
120	the vehicle to scrap metal. A, the secondary metals recycler is
121	not liable for the seller's failure to comply with the titling
122	requirements provided by law for conversion of a motor vehicle
123	to scrap metal if the secondary metals recycler obtains and
124	maintains the seller's signed statement receiving the regulated
125	metals property shall record the name and address of the
126	secondary metals recycler from which it received the regulated
127	metals property in lieu of the requirements of paragraph (2)(h).
128	Section 4.  Section 538.235, Florida Statutes, is amended
129	to read:
130	538.235  Method of payment.-
131	(1)  A secondary metals recycler may shall not enter into
132	any cash transaction:
133	(a)  In excess of $1,000 in payment for the purchase of
134	regulated metals property; or
135	(b)  In any amount for the purchase of restricted regulated
136	metals property.
137	(2)  Payment in excess of $1,000 for the purchase of
138	regulated metals property or payment in any amount for the
139	purchase of restricted regulated metals property must shall be
140	made by check issued and payable to the seller or by electronic
141	payment to the seller's bank account or the bank account of the
142
143	Section 5.  Subsection (5) of section 538.26, Florida
144	Statutes, is amended, and subsection (6) is added to that
145	section, to read:
146	538.26  Certain acts and practices prohibited.-It is
147	unlawful for a secondary metals recycler to do or allow any of
148	the following acts:
149	(5)  Purchase regulated metals property in return for money
150	from a trailer, a vehicle, or any location other than a fixed
151	location or from any person who is required to prove ownership
152	under s. 538.19 pursuant to subsection (4). However, regulated
153	metals may be purchased from a nonfixed location, or from such
154	person, with any negotiable or nonnegotiable instrument,
155	including a check or draft or any other type of instrument
156	purchased with money and sold for the purpose of making payments
157	or transfers to others.
158	(6)(a)  Purchase any restricted regulated metals property
159	listed in paragraph (b) unless the secondary metals recycler
160	obtains reasonable proof that the seller:
161	1.  Owns such property. Reasonable proof of ownership may
162	include, but is not limited to, a receipt or bill of sale; or
163	2.  Is an employee, agent, or contractor of the property's
164	owner who is authorized to sell the property on behalf of the
165	owner. Reasonable proof of authorization to sell the property
166	includes, but is not limited to, a signed letter on the owner's
167	letterhead, dated no later than 90 days before the sale,
168	authorizing the seller to sell the property.
169	(b)  The purchase of any of the following regulated metals
170	property is subject to the restrictions provided in paragraph
171	(a):
172	1.  A manhole cover.
173	2.  An electric light pole or other utility structure and
174	its fixtures, wires, and hardware that are readily identifiable
175	as connected to the utility structure.
176	3.  A guard rail.
177	4.  A street sign, traffic sign, or traffic signal and its
178	fixtures and hardware.
179	5.  Communication, transmission, distribution, and service
180	wire from a utility, including copper or aluminum bus bars,
181	connectors, grounding plates, or grounding wire.
182	6.  A funeral marker or funeral vase.
183	7.  A historical marker.
184	8.  Railroad equipment, including, but not limited to, a
185	tie plate, signal house, control box, switch plate, E clip, or
186	rail tie junction.
187	9.  Any metal item that is observably marked upon
188	reasonable inspection with any form of the name, initials, or
189	logo of a governmental entity, utility company, cemetery, or
190	railroad.
191	10.  A copper, aluminum, or aluminum-copper condensing or
192	evaporator coil, including its tubing or rods, from an air
193	conditioning or heating unit, excluding coils from window air
194	conditioning or heating units and motor vehicle air conditioning
195	or heating units.
196	11.  An aluminum or stainless steel container or bottle
197	designed to hold propane for fueling forklifts.
198	12.  A stainless steel beer keg.
199	13.  A catalytic converter or any nonferrous part of a
200	catalytic converter unless purchased as part of a motor vehicle.
201	14.  Metallic wire that has been burned in whole or in part
202	to remove insulation.
203	15.  A brass or bronze commercial valve or fitting,
204	referred to as a "fire department connection and control valve"
205	or an "FDC valve," that is commonly used on structures for
206	access to water for the purpose of extinguishing fires.
207	16.  A brass or bronze commercial potable water backflow
208	preventer valve that is commonly used to prevent backflow of
209	potable water from commercial structures into municipal domestic
210	water service systems.
211	17.  A shopping cart.
212	Section 6.  Section 538.27, Florida Statutes, is created to
213	read:
214	538.27  Secondary metals recyclers; limitation of
215	liability; inference.-
216	(1)  A secondary metals recycler is not liable for any
217	civil claim of replevin or damages resulting from a purchase
218	transaction of regulated metals property that complies with this
219	chapter.
220	(2)  As provided in s. 812.022(7), proof that a purchase
221	transaction for regulated metals property by a secondary metals
222	recycler complied with this part gives rise to an inference that
223	the secondary metals recycler did not know or have reason to
224	believe that the property was stolen and did not have intent to
225	commit theft or deal in stolen property.
226	Section 7.  Section 538.28, Florida Statutes, is created to
227	read:
228	538.28  Local government regulation; preemption.-
229	(1)  The regulation of purchase transactions involving
230	regulated metals property is preempted to the state. Except as
231	provided in subsection (2), an ordinance or regulation adopted
232	by a county or municipality relating to the purchase or sale of
233	regulated metals property or the registration or licensure of
234	secondary metals recyclers is void.
235	(2)  This part does not preempt an ordinance or regulation
236	originally enacted by a county or municipality before March 1,
237	2011, or any subsequent amendment to such ordinance or
238	regulation.
239	Section 8.  Subsection (7) is added to section 812.022,
240	Florida Statutes, to read:
241	812.022  Evidence of theft or dealing in stolen property.-
242	(7)  Proof that a purchase transaction for regulated metals
243	property by a secondary metals recycler complied with part II of
244	chapter 538 gives rise to an inference that the secondary metals
245	recycler did not know or have reason to believe that the
246	property was stolen and did not have intent to commit theft or
247	deal in stolen property.
248	Section 9.  This act shall take effect July 1, 2011.

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