| 1 | A bill to be entitled |
| 2 | An act relating to transactions by secondhand dealers |
| 3 | and secondary metals recyclers; amending s. 538.03, |
| 4 | F.S.; defining the term "appropriate law enforcement |
| 5 | official"; deleting exemptions from regulation as a |
| 6 | secondhand dealer which relate to flea market |
| 7 | transactions and auction businesses; conforming |
| 8 | terminology; amending s. 538.04, F.S., relating to |
| 9 | recordkeeping requirements; conforming terminology and |
| 10 | clarifying provisions; amending s. 538.18, F.S.; |
| 11 | revising and providing definitions; amending s. |
| 12 | 319.30, F.S.; conforming a cross-reference; amending |
| 13 | s. 538.19, F.S.; revising requirements for the types |
| 14 | of information that secondary metals recyclers must |
| 15 | obtain and maintain regarding purchase transactions, |
| 16 | including requirements for the maintenance and |
| 17 | transmission of electronic records of such |
| 18 | transactions; revising the period required for |
| 19 | secondary metals recyclers to maintain certain |
| 20 | information regarding purchase transactions involving |
| 21 | regulated metals property; limiting the liability of |
| 22 | secondary metals recyclers for the conversion of motor |
| 23 | vehicles to scrap metal under certain circumstances; |
| 24 | amending s. 538.235, F.S.; revising requirements for |
| 25 | payments made by secondary metals recyclers to sellers |
| 26 | of regulated metals property, to prohibit certain cash |
| 27 | transactions; providing penalties; providing methods |
| 28 | of payment for restricted regulated metals property; |
| 29 | requiring that purchases of certain property be made |
| 30 | by check or by electronic payment; providing |
| 31 | procedures; amending s. 538.26, F.S.; prohibiting |
| 32 | secondary metals recyclers from purchasing regulated |
| 33 | metals property, restricted regulated metals property, |
| 34 | or ferrous metals during specified times or from |
| 35 | certain locations; prohibiting the purchase of |
| 36 | specified restricted regulated metals property without |
| 37 | obtaining certain proof of the seller's ownership and |
| 38 | authorization to sell the property; providing |
| 39 | penalties; creating s. 538.28, F.S.; preempting to the |
| 40 | state the regulation of secondary metals recyclers and |
| 41 | purchase transactions involving regulated metals |
| 42 | property; exempting county and municipal ordinances |
| 43 | and regulations enacted before March 1, 2012, from |
| 44 | preemption; reenacting and amending s. 538.23(1)(a), |
| 45 | F.S., relating to violations and penalties, to |
| 46 | incorporate the amendments made by this act to ss. |
| 47 | 538.19, 538.235, and 538.26, F.S., in references |
| 48 | thereto; correcting a cross-reference; providing an |
| 49 | effective date. |
| 50 |
|
| 51 | Be It Enacted by the Legislature of the State of Florida: |
| 52 |
|
| 53 | Section 1. Subsection (1) of section 538.03, Florida |
| 54 | Statutes, 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 |
| 57 | that 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, |
| 61 | or trade. |
| 62 | (b) "Appropriate law enforcement official" means the |
| 63 | sheriff of the county in which a secondhand dealer is located |
| 64 | or, if the secondhand dealer is located within a municipality, |
| 65 | both the police chief of the municipality and the sheriff; |
| 66 | however, the sheriff or police chief may designate as the |
| 67 | appropriate law enforcement official for that county or |
| 68 | municipality, as applicable, any law enforcement officer working |
| 69 | within that respective county or municipality. This paragraph |
| 70 | does not limit the authority or duties of the sheriff. |
| 71 | (c)(d) "Consignment shop" means a shop engaging in the |
| 72 | business of accepting for sale, on consignment, secondhand goods |
| 73 | which, having once been used or transferred from the |
| 74 | manufacturer to the dealer, are then received into the |
| 75 | possession of a third party. |
| 76 | (d)(i) "Department" means the Department of Revenue. |
| 77 | (e)(h) "Precious metals" means any item containing any |
| 78 | gold, silver, or platinum, or any combination thereof, excluding |
| 79 | any chemical or any automotive, photographic, electrical, |
| 80 | medical, or dental materials or electronic parts. |
| 81 | (f)(b) "Precious metals dealer" means a secondhand dealer |
| 82 | who normally or regularly engages in the business of buying used |
| 83 | precious metals for resale. The term does not include those |
| 84 | persons involved in the bulk sale of precious metals from one |
| 85 | secondhand or precious metals dealer to another. |
| 86 | (g)(a) "Secondhand dealer" means any person, corporation, |
| 87 | or other business organization or entity which is not a |
| 88 | secondary metals recycler subject to part II and which is |
| 89 | engaged in the business of purchasing, consigning, or trading |
| 90 | secondhand goods. |
| 91 | (h)(f) "Secondhand goods" means personal property |
| 92 | previously owned or used, which is not regulated metals property |
| 93 | regulated under part II and which is purchased, consigned, or |
| 94 | traded as used property. Such secondhand goods do not include |
| 95 | office furniture, pianos, books, clothing, organs, coins, motor |
| 96 | vehicles, costume jewelry, cardio and strength training or |
| 97 | conditioning equipment designed primarily for indoor use, and |
| 98 | secondhand sports equipment that is not permanently labeled with |
| 99 | a serial number. For purposes of this paragraph, "secondhand |
| 100 | sports equipment" does not include golf clubs. |
| 101 | (i)(c) "Secondhand store" means the place or premises at |
| 102 | which a secondhand dealer is registered to conduct business as a |
| 103 | secondhand dealer or conducts business. |
| 104 | (j)(g) "Transaction" means any purchase, consignment, or |
| 105 | trade of secondhand goods by a secondhand dealer. |
| 106 | (2) This chapter does not apply to: |
| 107 | (k) Any person purchasing, consigning, or trading |
| 108 | secondhand goods at a flea market regardless of whether at a |
| 109 | temporary 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 |
| 112 | entities to offer its secondhand goods for sale, purchase, |
| 113 | consignment, or trade via an Internet website, and that |
| 114 | maintains a shop, store, or other business premises for this |
| 115 | purpose, if all of the following apply: |
| 116 | 1. The secondhand goods must be available on the website |
| 117 | for viewing by the public at no charge; |
| 118 | 2. The records of the sale, purchase, consignment, or |
| 119 | trade must be maintained for at least 2 years; |
| 120 | 3. The records of the sale, purchase, consignment, or |
| 121 | trade, and the description of the secondhand goods as listed on |
| 122 | the website, must contain the serial number of each item, if |
| 123 | any; |
| 124 | 4. The secondhand goods listed on the website must be |
| 125 | searchable based upon the state or zip code; |
| 126 | 5. The business must provide the appropriate law |
| 127 | enforcement official agency with the name or names under which |
| 128 | it conducts business on the website; |
| 129 | 6. The business must allow the appropriate law enforcement |
| 130 | official agency to inspect its business premises at any time |
| 131 | during normal business hours; |
| 132 | 7. Any payment by the business resulting from such a sale, |
| 133 | purchase, consignment, or trade must be made to the person or |
| 134 | entity with whom the business contracted to offer the goods and |
| 135 | must be made by check or via a money services business licensed |
| 136 | under part II of chapter 560; and |
| 137 | 8.a. At least 48 hours after the estimated time of |
| 138 | contracting to offer the secondhand goods, the business must |
| 139 | verify that any item having a serial number is not stolen |
| 140 | property by entering the serial number of the item into the |
| 141 | Department of Law Enforcement's stolen article database located |
| 142 | at the Florida Crime Information Center's public access system |
| 143 | website. The business shall record the date and time of such |
| 144 | verification on the contract covering the goods. If such |
| 145 | verification reveals that an item is stolen property, the |
| 146 | business shall immediately remove the item from any website on |
| 147 | which it is being offered and notify the appropriate law |
| 148 | enforcement official agency; or |
| 149 | b. The business must provide the appropriate law |
| 150 | enforcement official agency with an electronic copy of the name, |
| 151 | address, phone number, driver driver's license number, and |
| 152 | issuing state of the person with whom the business contracted to |
| 153 | offer the goods, as well as an accurate description of the |
| 154 | goods, including make, model, serial number, and any other |
| 155 | unique identifying marks, numbers, names, or letters that may be |
| 156 | on an item, in a format agreed upon by the business and the |
| 157 | appropriate law enforcement official agency. This information |
| 158 | must be provided to the appropriate law enforcement official |
| 159 | agency within 24 hours after entering into the contract unless |
| 160 | other arrangements are made between the business and the law |
| 161 | enforcement official agency. |
| 162 | Section 2. Subsections (1), (6), and (7) of section |
| 163 | 538.04, Florida Statutes, are amended to read: |
| 164 | 538.04 Recordkeeping requirements; penalties.- |
| 165 | (1) A secondhand dealer dealers shall complete a |
| 166 | secondhand dealers transaction form at the time of the actual |
| 167 | transaction. A secondhand dealer shall maintain a copy of a |
| 168 | completed transaction form on the registered premises for at |
| 169 | least 1 year after the date of the transaction. However, the |
| 170 | secondhand dealer shall maintain a copy of the transaction form |
| 171 | for not less than 3 years. Unless other arrangements are have |
| 172 | been agreed upon by the secondhand dealer and the appropriate |
| 173 | law enforcement official agency, the secondhand dealer shall, |
| 174 | within 24 hours after acquiring the acquisition of any |
| 175 | secondhand goods, deliver to such official the police department |
| 176 | of the municipality where the goods were acquired or, if the |
| 177 | goods were acquired outside of a municipality, to the sheriff's |
| 178 | department of the county where the goods were acquired, a record |
| 179 | of the transaction on a form approved by the Department of Law |
| 180 | Enforcement. Such record shall contain: |
| 181 | (a) The time, date, and place of the transaction. |
| 182 | (b) A complete and accurate description of the goods |
| 183 | acquired, 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, |
| 191 | if applicable. |
| 192 | 8. In the case of firearms, the type of action, caliber or |
| 193 | gauge, number of barrels, barrel length, and finish. |
| 194 | 9. Any other unique identifying marks, numbers, or |
| 195 | letters. |
| 196 | (c) A description of the person from whom the goods were |
| 197 | acquired, including: |
| 198 | 1. Full name, current residential address, workplace, and |
| 199 | home and work phone numbers. |
| 200 | 2. Height, weight, date of birth, race, gender, hair |
| 201 | color, eye color, and any other identifying marks. |
| 202 | 3. The right thumbprint, free of smudges and smears, of |
| 203 | the person from whom the goods were acquired. |
| 204 | (d) Any other information required by the form approved by |
| 205 | the Department of Law Enforcement. |
| 206 | (6) If the appropriate law enforcement official agency |
| 207 | supplies a secondhand dealer with appropriate software and the |
| 208 | secondhand dealer has computer capability, the secondhand dealer |
| 209 | must transactions shall be electronically transmit secondhand |
| 210 | dealer transactions required by this section to such official |
| 211 | transferred. If a secondhand dealer does not have computer |
| 212 | capability, the appropriate law enforcement official agency may |
| 213 | provide the secondhand dealer with a computer and all equipment |
| 214 | necessary to equipment for the purpose of electronically |
| 215 | transmit transferring secondhand dealer transactions. The |
| 216 | appropriate law enforcement official agency shall retain |
| 217 | ownership of the computer, unless otherwise agreed upon, and. |
| 218 | the secondhand dealer shall maintain the computer in good |
| 219 | working order, except for ordinary wear and tear excepted. A If |
| 220 | the secondhand dealer who transmits transfers secondhand dealer |
| 221 | transactions electronically, the secondhand dealer is not |
| 222 | required to also deliver to the appropriate law enforcement |
| 223 | agency the original or paper copies of the secondhand |
| 224 | transaction forms to the appropriate law enforcement official. |
| 225 | However, such official may, for purposes the purpose of a |
| 226 | criminal investigation, the appropriate law enforcement agency |
| 227 | may request that the secondhand dealer to deliver the produce an |
| 228 | original of a transaction form that was has been electronically |
| 229 | transmitted transferred. The secondhand dealer shall deliver the |
| 230 | this form to the appropriate law enforcement official agency |
| 231 | within 24 hours after receipt of the request. |
| 232 | (7) If the original transaction form is lost or destroyed |
| 233 | by the appropriate law enforcement official agency, a copy may |
| 234 | be used by the secondhand dealer as evidence in court. When an |
| 235 | electronic image of a customer's identification is accepted for |
| 236 | a transaction, the secondhand dealer must maintain the |
| 237 | electronic image in order to meet the recordkeeping requirements |
| 238 | applicable to the original transaction form. If a criminal |
| 239 | investigation occurs, the secondhand dealer shall, upon request, |
| 240 | provide a clear and legible copy of the image to the appropriate |
| 241 | law enforcement official agency. |
| 242 | Section 3. Section 538.18, Florida Statutes, is amended to |
| 243 | read: |
| 244 | 538.18 Definitions.-As used in this part, the term: |
| 245 | (1) "Appropriate law enforcement official" means the |
| 246 | sheriff of the county in which a secondary metals recycler is |
| 247 | located or, if the secondary metals recycler is located within a |
| 248 | municipality, the police chief of the municipality in which the |
| 249 | secondary metals recycler is located; however, the sheriff or |
| 250 | police chief may designate as the appropriate law enforcement |
| 251 | official for the county or municipality, as applicable, any law |
| 252 | enforcement officer working within that respective county or |
| 253 | municipality. This subsection does not limit the authority or |
| 254 | duties of the sheriff. |
| 255 | (2)(9) "Department" means the Department of Revenue. |
| 256 | (3)(1) "Ferrous metals" means any metals containing |
| 257 | significant quantities of iron or steel. |
| 258 | (4)(2) "Fixed location" means any site occupied by a |
| 259 | secondary metals recycler as owner of the site or as lessee of |
| 260 | the site under a lease or other rental agreement providing for |
| 261 | occupation of the site by the secondary metals recycler for a |
| 262 | total duration of not less than 364 days. |
| 263 | (5)(3) "Money" means a medium of exchange authorized or |
| 264 | adopted by a domestic or foreign government as part of its |
| 265 | currency. |
| 266 | (6)(4) "Nonferrous metals" means metals not containing |
| 267 | significant quantities of iron or steel, including, without |
| 268 | limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, |
| 269 | and alloys thereof, excluding precious metals subject to |
| 270 | regulation under part I. |
| 271 | (7)(5) "Personal identification card" means a valid |
| 272 | Florida driver license, a Florida identification card issued by |
| 273 | the Department of Highway Safety and Motor Vehicles, an |
| 274 | equivalent form of identification issued by another state, a |
| 275 | passport, or an employment authorization issued by the United |
| 276 | States Bureau of Citizenship and Immigration Services that |
| 277 | contains an individual's photograph and current address any |
| 278 | government-issued photographic identification card. |
| 279 | (8)(6) "Purchase transaction" means a transaction in which |
| 280 | a secondary metals recycler gives consideration for regulated |
| 281 | metals property. |
| 282 | (9)(7) "Regulated metals property" means any item composed |
| 283 | primarily of any nonferrous metals. The term does, but shall not |
| 284 | include aluminum beverage containers, used beverage containers, |
| 285 | or similar beverage containers; however,. the term includes |
| 286 | shall include stainless steel beer kegs and items made of |
| 287 | ferrous metal obtained from any restricted regulated metals |
| 288 | property. |
| 289 | (10) "Restricted regulated metals property" means any |
| 290 | regulated metals property listed in s. 538.26(4)(b) the sale of |
| 291 | which 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 |
| 294 | business of gathering or obtaining ferrous or nonferrous metals |
| 295 | that have served their original economic purpose or is in the |
| 296 | business of performing the manufacturing process by which |
| 297 | ferrous metals or nonferrous metals are converted into raw |
| 298 | material products consisting of prepared grades and having an |
| 299 | existing or potential economic value; or |
| 300 | (b) Has facilities for performing the manufacturing |
| 301 | process by which ferrous metals or nonferrous metals are |
| 302 | converted into raw material products consisting of prepared |
| 303 | grades and having an existing or potential economic value, other |
| 304 | than by the exclusive use of hand tools, by methods including, |
| 305 | without limitation, processing, sorting, cutting, classifying, |
| 306 | cleaning, baling, wrapping, shredding, shearing, or changing the |
| 307 | physical form or chemical content thereof. |
| 308 | (12) "Utility" means a person, firm, corporation, |
| 309 | association, or political subdivision, whether private, |
| 310 | municipal, county, or cooperative, that is engaged in the sale, |
| 311 | generation, provision, or delivery of gas, electricity, heat, |
| 312 | water, oil, sewer service, or telephone, telegraph, radio, or |
| 313 | telecommunications service. |
| 314 | Section 4. Paragraph (u) of subsection (1) of section |
| 315 | 319.30, Florida Statutes, is amended to read: |
| 316 | 319.30 Definitions; dismantling, destruction, change of |
| 317 | identity of motor vehicle or mobile home; salvage.- |
| 318 | (1) As used in this section, the term: |
| 319 | (u) "Secondary metals recycler" means secondary metals |
| 320 | recycler as defined in s. 538.18 538.18(8). |
| 321 | Section 5. Section 538.19, Florida Statutes, is amended to |
| 322 | read: |
| 323 | 538.19 Records required; limitation of liability.- |
| 324 | (1) A secondary metals recycler shall maintain a legible |
| 325 | paper record of all purchase transactions to which such |
| 326 | secondary metals recycler is a party. A secondary metals |
| 327 | recycler shall also maintain a legible electronic record, in the |
| 328 | English language, of all such purchase transactions. The |
| 329 | appropriate law enforcement official may provide data |
| 330 | specifications regarding the electronic record format, but such |
| 331 | format must be approved by the Department of Law Enforcement. An |
| 332 | electronic record of a purchase transaction shall be |
| 333 | electronically transmitted to the appropriate law enforcement |
| 334 | official no later than 10 a.m. of the business day following the |
| 335 | date of the purchase transaction. A secondary metals recycler |
| 336 | who transmits such records electronically is not required to |
| 337 | also deliver the original or paper copies of the transaction |
| 338 | forms to the appropriate law enforcement official. However, such |
| 339 | official may, for purposes of a criminal investigation, request |
| 340 | the secondary metals recycler to deliver the original |
| 341 | transaction form that was electronically transmitted. The |
| 342 | secondary metals recycler shall deliver the form to the |
| 343 | appropriate law enforcement official within 24 hours after |
| 344 | receipt of the request. |
| 345 | (2) The following information must be maintained on the a |
| 346 | form approved by the Department of Law Enforcement for each |
| 347 | purchase transaction: |
| 348 | (a) The name and address of the secondary metals recycler. |
| 349 | (b) The name, initials, or other identification of the |
| 350 | individual 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 |
| 353 | the type of regulated metals property purchased in a purchase |
| 354 | transaction. |
| 355 | (e) The amount of consideration given in a purchase |
| 356 | transaction for the regulated metals property. |
| 357 | (f) A signed statement from the person delivering the |
| 358 | regulated metals property stating that she or he is the rightful |
| 359 | owner of, or is entitled to sell, the regulated metals property |
| 360 | being sold. If the purchase involves a stainless steel beer keg, |
| 361 | the seller must provide written documentation from the |
| 362 | manufacturer that the seller is the owner of the stainless steel |
| 363 | beer keg or is an employee or agent of the manufacturer. |
| 364 | (g) The distinctive number from the personal |
| 365 | identification card of the person delivering the regulated |
| 366 | metals property to the secondary metals recycler. |
| 367 | (h) A description of the person from whom the regulated |
| 368 | metals property was goods were acquired, including: |
| 369 | 1. Full name, current residential address, workplace, and |
| 370 | home and work phone numbers. |
| 371 | 2. Height, weight, date of birth, race, gender, hair |
| 372 | color, 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 |
| 375 | number of the vehicle and trailer of the person selling the |
| 376 | regulated metals property. |
| 377 | 5. Any other information required by the form approved by |
| 378 | the Department of Law Enforcement. |
| 379 | (i) A photograph, videotape, or digital image of the |
| 380 | regulated metals being sold. |
| 381 | (j) A photograph, videotape, or similar likeness of the |
| 382 | person receiving consideration in which such person's facial |
| 383 | features are clearly visible. |
| 384 | (3) Any secondary metals recycler that maintains an |
| 385 | electronic database containing the information required in |
| 386 | paragraph (2)(h), along with an oath of ownership with a |
| 387 | signature of the seller of the secondary metals being purchased |
| 388 | by the secondary metals recycler and a right thumbprint that has |
| 389 | no smudges and smears on the oath of ownership for each purchase |
| 390 | transaction, shall be exempt from the records requirement of |
| 391 | paragraph (2)(h). A secondary metals recycler complies with the |
| 392 | requirements of this section if it maintains an electronic |
| 393 | database containing the information required by subsection (2) |
| 394 | paragraph (2)(h) as long as the electronic information required |
| 395 | by subsection (2) paragraph (2)(h), along with an electronic |
| 396 | oath of ownership with an electronic signature of the seller of |
| 397 | the secondary metals being purchased by the secondary metals |
| 398 | recyclers and an electronic image of the seller's right |
| 399 | thumbprint that has no smudges and smears, can be downloaded |
| 400 | onto a paper form in the image of the form approved by the |
| 401 | Department of Law Enforcement as provided in subsection (2). |
| 402 | (4) A secondary metals recycler shall maintain or cause to |
| 403 | be maintained the information required by this section for not |
| 404 | less than 3 5 years from the date of the purchase transaction. |
| 405 | (5) If a purchase transaction involves the transfer of |
| 406 | regulated metals property from A secondary metals recycler |
| 407 | registered with the department that purchases a motor vehicle |
| 408 | from a licensed salvage motor vehicle dealer as defined in s. |
| 409 | 320.27 or to another secondary metals recycler registered with |
| 410 | the department and uses a mechanical crusher to convert the |
| 411 | vehicle to scrap metal must obtain a signed statement from the |
| 412 | seller stating that the seller has surrendered the vehicle's |
| 413 | certificate of title to the Department of Highway Safety and |
| 414 | Motor Vehicles as provided in s. 319.30 or otherwise complied |
| 415 | with the titling requirements provided by law for conversion of |
| 416 | the vehicle to scrap metal. A, the secondary metals recycler is |
| 417 | not liable for the seller's failure to comply with the titling |
| 418 | requirements provided by law for conversion of a motor vehicle |
| 419 | to scrap metal if the secondary metals recycler obtains and |
| 420 | maintains the seller's signed statement receiving the regulated |
| 421 | metals property shall record the name and address of the |
| 422 | secondary metals recycler from which it received the regulated |
| 423 | metals property in lieu of the requirements of paragraph (2)(h). |
| 424 | Section 6. Section 538.235, Florida Statutes, is amended |
| 425 | to read: |
| 426 | 538.235 Method of payment.- |
| 427 | (1) A secondary metals recycler may shall not enter into |
| 428 | any cash transaction: |
| 429 | (a) In excess of $1,000 in payment for the purchase of |
| 430 | regulated metals property; or |
| 431 | (b) In any amount for the purchase of restricted regulated |
| 432 | metals property. |
| 433 | (2) Payment in excess of $1,000 for the purchase of |
| 434 | regulated metals property shall be made by check issued to the |
| 435 | seller of the metal and payable to the seller. |
| 436 | (3) Payment for the purchase of restricted regulated |
| 437 | metals property shall be made by check issued to the seller of |
| 438 | the metal and payable to the seller or by electronic payment to |
| 439 | the seller's bank account or the seller's employer's bank |
| 440 | account. |
| 441 | (a) Each check shall be mailed by the secondary metals |
| 442 | recycler directly to the street address of the seller that is on |
| 443 | file with the secondary metals recycler unless otherwise |
| 444 | provided in this part. A check may not be mailed to a post |
| 445 | office box. Electronic payments shall be transmitted to an |
| 446 | account for which the seller is listed as an account holder or |
| 447 | an employee or agent of the seller. |
| 448 | (b) Each check or electronic payment shall be mailed or |
| 449 | transmitted by the secondary metals recycler to the seller |
| 450 | within 3 days after the purchase transaction unless otherwise |
| 451 | provided in this section. |
| 452 | (c) The secondary metals recycler may provide a check at |
| 453 | the time of the purchase transaction, rather than mailing the |
| 454 | check as required in paragraph (a), if the seller is: |
| 455 | 1. An organization, corporation, or association registered |
| 456 | with the state as a charitable, philanthropic, religious, |
| 457 | fraternal, civic, patriotic, social, or school-sponsored |
| 458 | organization or association, or any nonprofit corporation or |
| 459 | association; |
| 460 | 2. A law enforcement officer acting in an official |
| 461 | capacity; |
| 462 | 3. A trustee in bankruptcy, executor, administrator, or |
| 463 | receiver who has presented proof of such status to the secondary |
| 464 | metals recycler; |
| 465 | 4. A public official acting under judicial process or |
| 466 | authority who has presented proof of such status to the |
| 467 | secondary metals recycler; |
| 468 | 5. A sheriff acting under the authority of a court's writ |
| 469 | of execution, or by virtue of any process issued by a court, if |
| 470 | proof thereof has been presented to the secondary metals |
| 471 | recycler; or |
| 472 | 6. A manufacturing, industrial, or other commercial vendor |
| 473 | that generates regulated materials in the ordinary course of |
| 474 | business. |
| 475 | Section 7. Section 538.26, Florida Statutes, is amended to |
| 476 | read: |
| 477 | 538.26 Certain acts and practices prohibited.-It is |
| 478 | unlawful for a secondary metals recycler to do or allow any of |
| 479 | the following acts: |
| 480 | (1) Purchase regulated metals property, restricted |
| 481 | regulated metals property, or ferrous metals on weekdays before |
| 482 | 7 a.m. or after 6 p.m., on Saturdays before 7 a.m. or after 3 |
| 483 | p.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 |
| 485 | fail to have a sales tax registration number. |
| 486 | (3) Purchase regulated metals property at a location other |
| 487 | than the place of business set forth on the registration. |
| 488 | (2)(4) Purchase regulated metals property, restricted |
| 489 | regulated metals property, or ferrous metals from any seller who |
| 490 | presents such property for sale at the registered location of |
| 491 | the secondary metals recycler when such property was not |
| 492 | transported in a motor vehicle. |
| 493 | (3)(5) Purchase regulated metals property, restricted |
| 494 | regulated metals property, or ferrous metals in return for money |
| 495 | from a trailer, a vehicle, or any location other than a fixed |
| 496 | location or from any person who is required to prove ownership |
| 497 | pursuant to subsection (4). However, regulated metals may be |
| 498 | purchased from a nonfixed location, or from such person, with |
| 499 | any negotiable or nonnegotiable instrument, including a check or |
| 500 | draft or any other type of instrument purchased with money and |
| 501 | sold for the purpose of making payments or transfers to others. |
| 502 | (4)(a) Purchase any restricted regulated metals property |
| 503 | listed in paragraph (b) unless the secondary metals recycler |
| 504 | obtains reasonable proof that the seller: |
| 505 | 1. Owns such property. Reasonable proof of ownership may |
| 506 | include, but is not limited to, a receipt or bill of sale; or |
| 507 | 2. Is an employee, agent, or contractor of the property's |
| 508 | owner who is authorized to sell the property on behalf of the |
| 509 | owner. Reasonable proof of authorization to sell the property |
| 510 | includes, but is not limited to, a signed letter on the owner's |
| 511 | letterhead, dated no later than 90 days before the sale, |
| 512 | authorizing the seller to sell the property. |
| 513 | (b) The purchase of any of the following regulated metals |
| 514 | property is subject to the restrictions provided in paragraph |
| 515 | (a): |
| 516 | 1. A manhole cover. |
| 517 | 2. An electric light pole or other utility structure and |
| 518 | its fixtures, wires, and hardware that are readily identifiable |
| 519 | as connected to the utility structure. |
| 520 | 3. A guard rail. |
| 521 | 4. A street sign, traffic sign, or traffic signal and its |
| 522 | fixtures and hardware. |
| 523 | 5. Communication, transmission, distribution, and service |
| 524 | wire from a utility, including copper or aluminum bus bars, |
| 525 | connectors, 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 |
| 529 | tie plate, signal house, control box, switch plate, E clip, or |
| 530 | rail tie junction. |
| 531 | 9. Any metal item that is observably marked upon |
| 532 | reasonable inspection with any form of the name, initials, or |
| 533 | logo of a governmental entity, utility company, cemetery, or |
| 534 | railroad. |
| 535 | 10. A copper, aluminum, or aluminum-copper condensing or |
| 536 | evaporator coil, including its tubing or rods, from an air- |
| 537 | conditioning or heating unit, excluding coils from window air- |
| 538 | conditioning or heating units and motor vehicle air-conditioning |
| 539 | or heating units. |
| 540 | 11. An aluminum or stainless steel container or bottle |
| 541 | designed to hold propane for fueling forklifts. |
| 542 | 12. A stainless steel beer keg. |
| 543 | 13. A catalytic converter or any nonferrous part of a |
| 544 | catalytic converter unless purchased as part of a motor vehicle. |
| 545 | 14. Metallic wire that has been burned in whole or in part |
| 546 | to remove insulation. |
| 547 | 15. A brass or bronze commercial valve or fitting, |
| 548 | referred to as a "fire department connection and control valve" |
| 549 | or an "FDC valve," that is commonly used on structures for |
| 550 | access to water for the purpose of extinguishing fires. |
| 551 | 16. A brass or bronze commercial potable water backflow |
| 552 | preventer valve that is commonly used to prevent backflow of |
| 553 | potable water from commercial structures into municipal domestic |
| 554 | water 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 |
| 560 | read: |
| 561 | 538.28 Local government regulation; preemption.- |
| 562 | (1) The regulation of purchase transactions involving |
| 563 | regulated metals property is preempted to the state. Except as |
| 564 | provided in subsection (2), an ordinance or regulation adopted |
| 565 | by a county or municipality relating to the purchase or sale of |
| 566 | regulated metals property or the registration or licensure of |
| 567 | secondary metals recyclers is void. |
| 568 | (2) This part does not preempt an ordinance or regulation |
| 569 | originally enacted by a county or municipality before March 1, |
| 570 | 2012. |
| 571 | Section 9. For the purpose of incorporating the amendments |
| 572 | made by this act to sections 538.19, 538.235, and 538.26, |
| 573 | Florida Statutes, in references thereto, paragraph (a) of |
| 574 | subsection (1) of section 538.23, Florida Statutes, is reenacted |
| 575 | and amended to read: |
| 576 | 538.23 Violations and penalties.- |
| 577 | (1)(a) Except as provided in paragraph (b), a secondary |
| 578 | metals 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 |
| 581 | required by s. 538.19; |
| 582 | 3. Violates s. 538.26(2) 538.26(4); or |
| 583 | 4. Violates s. 538.235, |
| 584 |
|
| 585 | commits a misdemeanor of the first degree, punishable as |
| 586 | provided in s. 775.082. |
| 587 | Section 10. This act shall take effect July 1, 2012. |