HB 885

A bill to be entitled
2An act relating to transactions by secondhand dealers
3and secondary metals recyclers; amending s. 538.03,
4F.S.; defining the term "appropriate law enforcement
5official"; deleting exemptions from regulation as a
6secondhand dealer which relate to flea market
7transactions and auction businesses; conforming
8terminology; amending s. 538.04, F.S., relating to
9recordkeeping requirements; conforming terminology and
10clarifying provisions; amending s. 538.18, F.S.;
11revising and providing definitions; amending s.
12319.30, F.S.; conforming a cross-reference; amending
13s. 538.19, F.S.; revising requirements for the types
14of information that secondary metals recyclers must
15obtain and maintain regarding purchase transactions,
16including requirements for the maintenance and
17transmission of electronic records of such
18transactions; revising the period required for
19secondary metals recyclers to maintain certain
20information regarding purchase transactions involving
21regulated metals property; limiting the liability of
22secondary metals recyclers for the conversion of motor
23vehicles to scrap metal under certain circumstances;
24amending s. 538.235, F.S.; revising requirements for
25payments made by secondary metals recyclers to sellers
26of regulated metals property, to prohibit certain cash
27transactions; providing penalties; providing methods
28of payment for restricted regulated metals property;
29requiring that purchases of certain property be made
30by check or by electronic payment; providing
31procedures; amending s. 538.26, F.S.; prohibiting
32secondary metals recyclers from purchasing regulated
33metals property, restricted regulated metals property,
34or ferrous metals during specified times or from
35certain locations; prohibiting the purchase of
36specified restricted regulated metals property without
37obtaining certain proof of the seller's ownership and
38authorization to sell the property; providing
39penalties; creating s. 538.28, F.S.; preempting to the
40state the regulation of secondary metals recyclers and
41purchase transactions involving regulated metals
42property; exempting county and municipal ordinances
43and regulations enacted before March 1, 2012, from
44preemption; reenacting and amending s. 538.23(1)(a),
45F.S., relating to violations and penalties, to
46incorporate the amendments made by this act to ss.
47538.19, 538.235, and 538.26, F.S., in references
48thereto; correcting a cross-reference; providing an
49effective date.
51Be It Enacted by the Legislature of the State of Florida:
53     Section 1.  Subsection (1) of section 538.03, Florida
54Statutes, is amended, paragraphs (m) through (q) of subsection
55(2) of that section are redesignated as paragraphs (k) through
56(o), respectively, and present paragraphs (k), (l), and (n) of
57that subsection are amended, to read:
58     538.03  Definitions; applicability.-
59     (1)  As used in this part, the term:
60     (a)(e)  "Acquire" means to obtain by purchase, consignment,
61or trade.
62     (b)  "Appropriate law enforcement official" means the
63sheriff of the county in which a secondhand dealer is located
64or, if the secondhand dealer is located within a municipality,
65both the police chief of the municipality and the sheriff;
66however, the sheriff or police chief may designate as the
67appropriate law enforcement official for that county or
68municipality, as applicable, any law enforcement officer working
69within that respective county or municipality. This paragraph
70does not limit the authority or duties of the sheriff.
71     (c)(d)  "Consignment shop" means a shop engaging in the
72business of accepting for sale, on consignment, secondhand goods
73which, having once been used or transferred from the
74manufacturer to the dealer, are then received into the
75possession of a third party.
76     (d)(i)  "Department" means the Department of Revenue.
77     (e)(h)  "Precious metals" means any item containing any
78gold, silver, or platinum, or any combination thereof, excluding
79any chemical or any automotive, photographic, electrical,
80medical, or dental materials or electronic parts.
81     (f)(b)  "Precious metals dealer" means a secondhand dealer
82who normally or regularly engages in the business of buying used
83precious metals for resale. The term does not include those
84persons involved in the bulk sale of precious metals from one
85secondhand or precious metals dealer to another.
86     (g)(a)  "Secondhand dealer" means any person, corporation,
87or other business organization or entity which is not a
88secondary metals recycler subject to part II and which is
89engaged in the business of purchasing, consigning, or trading
90secondhand goods.
91     (h)(f)  "Secondhand goods" means personal property
92previously owned or used, which is not regulated metals property
93regulated under part II and which is purchased, consigned, or
94traded as used property. Such secondhand goods do not include
95office furniture, pianos, books, clothing, organs, coins, motor
96vehicles, costume jewelry, cardio and strength training or
97conditioning equipment designed primarily for indoor use, and
98secondhand sports equipment that is not permanently labeled with
99a serial number. For purposes of this paragraph, "secondhand
100sports equipment" does not include golf clubs.
101     (i)(c)  "Secondhand store" means the place or premises at
102which a secondhand dealer is registered to conduct business as a
103secondhand dealer or conducts business.
104     (j)(g)  "Transaction" means any purchase, consignment, or
105trade of secondhand goods by a secondhand dealer.
106     (2)  This chapter does not apply to:
107     (k)  Any person purchasing, consigning, or trading
108secondhand goods at a flea market regardless of whether at a
109temporary or permanent business location at the flea market.
110     (l)  Any auction business as defined in s. 468.382(1).
111     (l)(n)  A business that contracts with other persons or
112entities to offer its secondhand goods for sale, purchase,
113consignment, or trade via an Internet website, and that
114maintains a shop, store, or other business premises for this
115purpose, if all of the following apply:
116     1.  The secondhand goods must be available on the website
117for viewing by the public at no charge;
118     2.  The records of the sale, purchase, consignment, or
119trade must be maintained for at least 2 years;
120     3.  The records of the sale, purchase, consignment, or
121trade, and the description of the secondhand goods as listed on
122the website, must contain the serial number of each item, if
124     4.  The secondhand goods listed on the website must be
125searchable based upon the state or zip code;
126     5.  The business must provide the appropriate law
127enforcement official agency with the name or names under which
128it conducts business on the website;
129     6.  The business must allow the appropriate law enforcement
130official agency to inspect its business premises at any time
131during normal business hours;
132     7.  Any payment by the business resulting from such a sale,
133purchase, consignment, or trade must be made to the person or
134entity with whom the business contracted to offer the goods and
135must be made by check or via a money services business licensed
136under part II of chapter 560; and
137     8.a.  At least 48 hours after the estimated time of
138contracting to offer the secondhand goods, the business must
139verify that any item having a serial number is not stolen
140property by entering the serial number of the item into the
141Department of Law Enforcement's stolen article database located
142at the Florida Crime Information Center's public access system
143website. The business shall record the date and time of such
144verification on the contract covering the goods. If such
145verification reveals that an item is stolen property, the
146business shall immediately remove the item from any website on
147which it is being offered and notify the appropriate law
148enforcement official agency; or
149     b.  The business must provide the appropriate law
150enforcement official agency with an electronic copy of the name,
151address, phone number, driver driver's license number, and
152issuing state of the person with whom the business contracted to
153offer the goods, as well as an accurate description of the
154goods, including make, model, serial number, and any other
155unique identifying marks, numbers, names, or letters that may be
156on an item, in a format agreed upon by the business and the
157appropriate law enforcement official agency. This information
158must be provided to the appropriate law enforcement official
159agency within 24 hours after entering into the contract unless
160other arrangements are made between the business and the law
161enforcement official agency.
162     Section 2.  Subsections (1), (6), and (7) of section
163538.04, Florida Statutes, are amended to read:
164     538.04  Recordkeeping requirements; penalties.-
165     (1)  A secondhand dealer dealers shall complete a
166secondhand dealers transaction form at the time of the actual
167transaction. A secondhand dealer shall maintain a copy of a
168completed transaction form on the registered premises for at
169least 1 year after the date of the transaction. However, the
170secondhand dealer shall maintain a copy of the transaction form
171for not less than 3 years. Unless other arrangements are have
172been agreed upon by the secondhand dealer and the appropriate
173law enforcement official agency, the secondhand dealer shall,
174within 24 hours after acquiring the acquisition of any
175secondhand goods, deliver to such official the police department
176of the municipality where the goods were acquired or, if the
177goods were acquired outside of a municipality, to the sheriff's
178department of the county where the goods were acquired, a record
179of the transaction on a form approved by the Department of Law
180Enforcement. Such record shall contain:
181     (a)  The time, date, and place of the transaction.
182     (b)  A complete and accurate description of the goods
183acquired, including the following information, if applicable:
184     1.  Brand name.
185     2.  Model number.
186     3.  Manufacturer's serial number.
187     4.  Size.
188     5.  Color, as apparent to the untrained eye.
189     6.  Precious metal type, weight, and content if known.
190     7.  Gemstone description, including the number of stones,
191if applicable.
192     8.  In the case of firearms, the type of action, caliber or
193gauge, number of barrels, barrel length, and finish.
194     9.  Any other unique identifying marks, numbers, or
196     (c)  A description of the person from whom the goods were
197acquired, including:
198     1.  Full name, current residential address, workplace, and
199home and work phone numbers.
200     2.  Height, weight, date of birth, race, gender, hair
201color, eye color, and any other identifying marks.
202     3.  The right thumbprint, free of smudges and smears, of
203the person from whom the goods were acquired.
204     (d)  Any other information required by the form approved by
205the Department of Law Enforcement.
206     (6)  If the appropriate law enforcement official agency
207supplies a secondhand dealer with appropriate software and the
208secondhand dealer has computer capability, the secondhand dealer
209must transactions shall be electronically transmit secondhand
210dealer transactions required by this section to such official
211transferred. If a secondhand dealer does not have computer
212capability, the appropriate law enforcement official agency may
213provide the secondhand dealer with a computer and all equipment
214necessary to equipment for the purpose of electronically
215transmit transferring secondhand dealer transactions. The
216appropriate law enforcement official agency shall retain
217ownership of the computer, unless otherwise agreed upon, and.
218the secondhand dealer shall maintain the computer in good
219working order, except for ordinary wear and tear excepted. A If
220the secondhand dealer who transmits transfers secondhand dealer
221transactions electronically, the secondhand dealer is not
222required to also deliver to the appropriate law enforcement
223agency the original or paper copies of the secondhand
224transaction forms to the appropriate law enforcement official.
225However, such official may, for purposes the purpose of a
226criminal investigation, the appropriate law enforcement agency
227may request that the secondhand dealer to deliver the produce an
228original of a transaction form that was has been electronically
229transmitted transferred. The secondhand dealer shall deliver the
230this form to the appropriate law enforcement official agency
231within 24 hours after receipt of the request.
232     (7)  If the original transaction form is lost or destroyed
233by the appropriate law enforcement official agency, a copy may
234be used by the secondhand dealer as evidence in court. When an
235electronic image of a customer's identification is accepted for
236a transaction, the secondhand dealer must maintain the
237electronic image in order to meet the recordkeeping requirements
238applicable to the original transaction form. If a criminal
239investigation occurs, the secondhand dealer shall, upon request,
240provide a clear and legible copy of the image to the appropriate
241law enforcement official agency.
242     Section 3.  Section 538.18, Florida Statutes, is amended to
244     538.18  Definitions.-As used in this part, the term:
245     (1)  "Appropriate law enforcement official" means the
246sheriff of the county in which a secondary metals recycler is
247located or, if the secondary metals recycler is located within a
248municipality, the police chief of the municipality in which the
249secondary metals recycler is located; however, the sheriff or
250police chief may designate as the appropriate law enforcement
251official for the county or municipality, as applicable, any law
252enforcement officer working within that respective county or
253municipality. This subsection does not limit the authority or
254duties of the sheriff.
255     (2)(9)  "Department" means the Department of Revenue.
256     (3)(1)  "Ferrous metals" means any metals containing
257significant quantities of iron or steel.
258     (4)(2)  "Fixed location" means any site occupied by a
259secondary metals recycler as owner of the site or as lessee of
260the site under a lease or other rental agreement providing for
261occupation of the site by the secondary metals recycler for a
262total duration of not less than 364 days.
263     (5)(3)  "Money" means a medium of exchange authorized or
264adopted by a domestic or foreign government as part of its
266     (6)(4)  "Nonferrous metals" means metals not containing
267significant quantities of iron or steel, including, without
268limitation, copper, brass, aluminum, bronze, lead, zinc, nickel,
269and alloys thereof, excluding precious metals subject to
270regulation under part I.
271     (7)(5)  "Personal identification card" means a valid
272Florida driver license, a Florida identification card issued by
273the Department of Highway Safety and Motor Vehicles, an
274equivalent form of identification issued by another state, a
275passport, or an employment authorization issued by the United
276States Bureau of Citizenship and Immigration Services that
277contains an individual's photograph and current address any
278government-issued photographic identification card.
279     (8)(6)  "Purchase transaction" means a transaction in which
280a secondary metals recycler gives consideration for regulated
281metals property.
282     (9)(7)  "Regulated metals property" means any item composed
283primarily of any nonferrous metals. The term does, but shall not
284include aluminum beverage containers, used beverage containers,
285or similar beverage containers; however,. the term includes
286shall include stainless steel beer kegs and items made of
287ferrous metal obtained from any restricted regulated metals
289     (10)  "Restricted regulated metals property" means any
290regulated metals property listed in s. 538.26(4)(b) the sale of
291which is restricted as provided in s. 538.26(4)(a).
292     (11)(8)  "Secondary metals recycler" means any person who:
293     (a)  Is engaged, from a fixed location or otherwise, in the
294business of gathering or obtaining ferrous or nonferrous metals
295that have served their original economic purpose or is in the
296business of performing the manufacturing process by which
297ferrous metals or nonferrous metals are converted into raw
298material products consisting of prepared grades and having an
299existing or potential economic value; or
300     (b)  Has facilities for performing the manufacturing
301process by which ferrous metals or nonferrous metals are
302converted into raw material products consisting of prepared
303grades and having an existing or potential economic value, other
304than by the exclusive use of hand tools, by methods including,
305without limitation, processing, sorting, cutting, classifying,
306cleaning, baling, wrapping, shredding, shearing, or changing the
307physical form or chemical content thereof.
308     (12)  "Utility" means a person, firm, corporation,
309association, or political subdivision, whether private,
310municipal, county, or cooperative, that is engaged in the sale,
311generation, provision, or delivery of gas, electricity, heat,
312water, oil, sewer service, or telephone, telegraph, radio, or
313telecommunications service.
314     Section 4.  Paragraph (u) of subsection (1) of section
315319.30, Florida Statutes, is amended to read:
316     319.30  Definitions; dismantling, destruction, change of
317identity of motor vehicle or mobile home; salvage.-
318     (1)  As used in this section, the term:
319     (u)  "Secondary metals recycler" means secondary metals
320recycler as defined in s. 538.18 538.18(8).
321     Section 5.  Section 538.19, Florida Statutes, is amended to
323     538.19  Records required; limitation of liability.-
324     (1)  A secondary metals recycler shall maintain a legible
325paper record of all purchase transactions to which such
326secondary metals recycler is a party. A secondary metals
327recycler shall also maintain a legible electronic record, in the
328English language, of all such purchase transactions. The
329appropriate law enforcement official may provide data
330specifications regarding the electronic record format, but such
331format must be approved by the Department of Law Enforcement. An
332electronic record of a purchase transaction shall be
333electronically transmitted to the appropriate law enforcement
334official no later than 10 a.m. of the business day following the
335date of the purchase transaction. A secondary metals recycler
336who transmits such records electronically is not required to
337also deliver the original or paper copies of the transaction
338forms to the appropriate law enforcement official. However, such
339official may, for purposes of a criminal investigation, request
340the secondary metals recycler to deliver the original
341transaction form that was electronically transmitted. The
342secondary metals recycler shall deliver the form to the
343appropriate law enforcement official within 24 hours after
344receipt of the request.
345     (2)  The following information must be maintained on the a
346form approved by the Department of Law Enforcement for each
347purchase transaction:
348     (a)  The name and address of the secondary metals recycler.
349     (b)  The name, initials, or other identification of the
350individual entering the information on the ticket.
351     (c)  The date and time of the transaction.
352     (d)  The weight, quantity, or volume, and a description of
353the type of regulated metals property purchased in a purchase
355     (e)  The amount of consideration given in a purchase
356transaction for the regulated metals property.
357     (f)  A signed statement from the person delivering the
358regulated metals property stating that she or he is the rightful
359owner of, or is entitled to sell, the regulated metals property
360being sold. If the purchase involves a stainless steel beer keg,
361the seller must provide written documentation from the
362manufacturer that the seller is the owner of the stainless steel
363beer keg or is an employee or agent of the manufacturer.
364     (g)  The distinctive number from the personal
365identification card of the person delivering the regulated
366metals property to the secondary metals recycler.
367     (h)  A description of the person from whom the regulated
368metals property was goods were acquired, including:
369     1.  Full name, current residential address, workplace, and
370home and work phone numbers.
371     2.  Height, weight, date of birth, race, gender, hair
372color, eye color, and any other identifying marks.
373     3.  The right thumbprint, free of smudges and smears.
374     4.  Vehicle description to include the make, model, and tag
375number of the vehicle and trailer of the person selling the
376regulated metals property.
377     5.  Any other information required by the form approved by
378the Department of Law Enforcement.
379     (i)  A photograph, videotape, or digital image of the
380regulated metals being sold.
381     (j)  A photograph, videotape, or similar likeness of the
382person receiving consideration in which such person's facial
383features are clearly visible.
384     (3)  Any secondary metals recycler that maintains an
385electronic database containing the information required in
386paragraph (2)(h), along with an oath of ownership with a
387signature of the seller of the secondary metals being purchased
388by the secondary metals recycler and a right thumbprint that has
389no smudges and smears on the oath of ownership for each purchase
390transaction, shall be exempt from the records requirement of
391paragraph (2)(h). A secondary metals recycler complies with the
392requirements of this section if it maintains an electronic
393database containing the information required by subsection (2)
394paragraph (2)(h) as long as the electronic information required
395by subsection (2) paragraph (2)(h), along with an electronic
396oath of ownership with an electronic signature of the seller of
397the secondary metals being purchased by the secondary metals
398recyclers and an electronic image of the seller's right
399thumbprint that has no smudges and smears, can be downloaded
400onto a paper form in the image of the form approved by the
401Department of Law Enforcement as provided in subsection (2).
402     (4)  A secondary metals recycler shall maintain or cause to
403be maintained the information required by this section for not
404less than 3 5 years from the date of the purchase transaction.
405     (5)  If a purchase transaction involves the transfer of
406regulated metals property from A secondary metals recycler
407registered with the department that purchases a motor vehicle
408from a licensed salvage motor vehicle dealer as defined in s.
409320.27 or to another secondary metals recycler registered with
410the department and uses a mechanical crusher to convert the
411vehicle to scrap metal must obtain a signed statement from the
412seller stating that the seller has surrendered the vehicle's
413certificate of title to the Department of Highway Safety and
414Motor Vehicles as provided in s. 319.30 or otherwise complied
415with the titling requirements provided by law for conversion of
416the vehicle to scrap metal. A, the secondary metals recycler is
417not liable for the seller's failure to comply with the titling
418requirements provided by law for conversion of a motor vehicle
419to scrap metal if the secondary metals recycler obtains and
420maintains the seller's signed statement receiving the regulated
421metals property shall record the name and address of the
422secondary metals recycler from which it received the regulated
423metals property in lieu of the requirements of paragraph (2)(h).
424     Section 6.  Section 538.235, Florida Statutes, is amended
425to read:
426     538.235  Method of payment.-
427     (1)  A secondary metals recycler may shall not enter into
428any cash transaction:
429     (a)  In excess of $1,000 in payment for the purchase of
430regulated metals property; or
431     (b)  In any amount for the purchase of restricted regulated
432metals property.
433     (2)  Payment in excess of $1,000 for the purchase of
434regulated metals property shall be made by check issued to the
435seller of the metal and payable to the seller.
436     (3)  Payment for the purchase of restricted regulated
437metals property shall be made by check issued to the seller of
438the metal and payable to the seller or by electronic payment to
439the seller's bank account or the seller's employer's bank
441     (a)  Each check shall be mailed by the secondary metals
442recycler directly to the street address of the seller that is on
443file with the secondary metals recycler unless otherwise
444provided in this part. A check may not be mailed to a post
445office box. Electronic payments shall be transmitted to an
446account for which the seller is listed as an account holder or
447an employee or agent of the seller.
448     (b)  Each check or electronic payment shall be mailed or
449transmitted by the secondary metals recycler to the seller
450within 3 days after the purchase transaction unless otherwise
451provided in this section.
452     (c)  The secondary metals recycler may provide a check at
453the time of the purchase transaction, rather than mailing the
454check as required in paragraph (a), if the seller is:
455     1.  An organization, corporation, or association registered
456with the state as a charitable, philanthropic, religious,
457fraternal, civic, patriotic, social, or school-sponsored
458organization or association, or any nonprofit corporation or
460     2.  A law enforcement officer acting in an official
462     3.  A trustee in bankruptcy, executor, administrator, or
463receiver who has presented proof of such status to the secondary
464metals recycler;
465     4.  A public official acting under judicial process or
466authority who has presented proof of such status to the
467secondary metals recycler;
468     5.  A sheriff acting under the authority of a court's writ
469of execution, or by virtue of any process issued by a court, if
470proof thereof has been presented to the secondary metals
471recycler; or
472     6.  A manufacturing, industrial, or other commercial vendor
473that generates regulated materials in the ordinary course of
475     Section 7.  Section 538.26, Florida Statutes, is amended to
477     538.26  Certain acts and practices prohibited.-It is
478unlawful for a secondary metals recycler to do or allow any of
479the following acts:
480     (1)  Purchase regulated metals property, restricted
481regulated metals property, or ferrous metals on weekdays before
4827 a.m. or after 6 p.m., on Saturdays before 7 a.m. or after 3
483p.m., and on Sundays. between the hours of 9 p.m. and 6 a.m.
484     (2) Fail to pay any sales tax owed to the department or
485fail to have a sales tax registration number.
486     (3)  Purchase regulated metals property at a location other
487than the place of business set forth on the registration.
488     (2)(4)  Purchase regulated metals property, restricted
489regulated metals property, or ferrous metals from any seller who
490presents such property for sale at the registered location of
491the secondary metals recycler when such property was not
492transported in a motor vehicle.
493     (3)(5)  Purchase regulated metals property, restricted
494regulated metals property, or ferrous metals in return for money
495from a trailer, a vehicle, or any location other than a fixed
496location or from any person who is required to prove ownership
497pursuant to subsection (4). However, regulated metals may be
498purchased from a nonfixed location, or from such person, with
499any negotiable or nonnegotiable instrument, including a check or
500draft or any other type of instrument purchased with money and
501sold for the purpose of making payments or transfers to others.
502     (4)(a)  Purchase any restricted regulated metals property
503listed in paragraph (b) unless the secondary metals recycler
504obtains reasonable proof that the seller:
505     1.  Owns such property. Reasonable proof of ownership may
506include, but is not limited to, a receipt or bill of sale; or
507     2.  Is an employee, agent, or contractor of the property's
508owner who is authorized to sell the property on behalf of the
509owner. Reasonable proof of authorization to sell the property
510includes, but is not limited to, a signed letter on the owner's
511letterhead, dated no later than 90 days before the sale,
512authorizing the seller to sell the property.
513     (b)  The purchase of any of the following regulated metals
514property is subject to the restrictions provided in paragraph
516     1.  A manhole cover.
517     2.  An electric light pole or other utility structure and
518its fixtures, wires, and hardware that are readily identifiable
519as connected to the utility structure.
520     3.  A guard rail.
521     4.  A street sign, traffic sign, or traffic signal and its
522fixtures and hardware.
523     5.  Communication, transmission, distribution, and service
524wire from a utility, including copper or aluminum bus bars,
525connectors, grounding plates, or grounding wire.
526     6.  A funeral marker or funeral vase.
527     7.  A historical marker.
528     8.  Railroad equipment, including, but not limited to, a
529tie plate, signal house, control box, switch plate, E clip, or
530rail tie junction.
531     9.  Any metal item that is observably marked upon
532reasonable inspection with any form of the name, initials, or
533logo of a governmental entity, utility company, cemetery, or
535     10.  A copper, aluminum, or aluminum-copper condensing or
536evaporator coil, including its tubing or rods, from an air-
537conditioning or heating unit, excluding coils from window air-
538conditioning or heating units and motor vehicle air-conditioning
539or heating units.
540     11.  An aluminum or stainless steel container or bottle
541designed to hold propane for fueling forklifts.
542     12.  A stainless steel beer keg.
543     13.  A catalytic converter or any nonferrous part of a
544catalytic converter unless purchased as part of a motor vehicle.
545     14.  Metallic wire that has been burned in whole or in part
546to remove insulation.
547     15.  A brass or bronze commercial valve or fitting,
548referred to as a "fire department connection and control valve"
549or an "FDC valve," that is commonly used on structures for
550access to water for the purpose of extinguishing fires.
551     16.  A brass or bronze commercial potable water backflow
552preventer valve that is commonly used to prevent backflow of
553potable water from commercial structures into municipal domestic
554water service systems.
555     17.  A shopping cart.
556     18.  A brass water meter.
557     19.  A storm grate.
558     20.  A brass sprinkler head used in commercial agriculture.
559     Section 8.  Section 538.28, Florida Statutes, is created to
561     538.28  Local government regulation; preemption.-
562     (1)  The regulation of purchase transactions involving
563regulated metals property is preempted to the state. Except as
564provided in subsection (2), an ordinance or regulation adopted
565by a county or municipality relating to the purchase or sale of
566regulated metals property or the registration or licensure of
567secondary metals recyclers is void.
568     (2)  This part does not preempt an ordinance or regulation
569originally enacted by a county or municipality before March 1,
571     Section 9.  For the purpose of incorporating the amendments
572made by this act to sections 538.19, 538.235, and 538.26,
573Florida Statutes, in references thereto, paragraph (a) of
574subsection (1) of section 538.23, Florida Statutes, is reenacted
575and amended to read:
576     538.23  Violations and penalties.-
577     (1)(a)  Except as provided in paragraph (b), a secondary
578metals recycler who knowingly and intentionally:
579     1.  Violates s. 538.20 or s. 538.21;
580     2.  Engages in a pattern of failing to keep records
581required by s. 538.19;
582     3.  Violates s. 538.26(2) 538.26(4); or
583     4.  Violates s. 538.235,
585commits a misdemeanor of the first degree, punishable as
586provided in s. 775.082.
587     Section 10.  This act shall take effect July 1, 2012.

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