Florida Senate - 2014                      CS for CS for SB 1182
       
       
        
       By the Committees on Agriculture; and Commerce and Tourism; and
       Senator Brandes
       
       
       
       
       575-03929-14                                          20141182c2
    1                        A bill to be entitled                      
    2         An act relating to secondary metals recyclers;
    3         providing for a type two transfer of the regulation of
    4         secondary metals recyclers from the Department of
    5         Revenue to the Department of Agriculture and Consumer
    6         Services; amending s. 213.05, F.S.; repealing
    7         provision that requires that the Department of Revenue
    8         regulate the registration of secondary metals
    9         recyclers; amending s. 213.053, F.S.; authorizing the
   10         Department of Revenue to share specified information
   11         with the Department of Agriculture and Consumer
   12         Services; conforming provisions to changes made by the
   13         act; amending s. 319.30, F.S.; redefining the term
   14         “certificate of registration number”; amending s.
   15         538.18, F.S.; redefining terms; amending s. 538.19,
   16         F.S.; requiring the Department of Agriculture and
   17         Consumer Services, rather than the Department of Law
   18         Enforcement, to approve the form of certain records
   19         maintained by secondary metals recyclers; amending s.
   20         538.20, F.S.; authorizing investigators of the
   21         Department of Agriculture and Consumer Services to
   22         inspect regulated metals property and records of
   23         secondary metals recyclers; amending s. 538.21, F.S.;
   24         clarifying a provision of law; amending s. 538.23,
   25         F.S.; providing criminal penalties for specified
   26         prohibited acts and practices; amending s. 538.25,
   27         F.S.; revising required application information for a
   28         secondary metals recycler registration; requiring that
   29         a secondary metals recycler maintain certain insurance
   30         coverage throughout the registration period; requiring
   31         that certain applicants for a secondary metals
   32         recycler registration be fingerprinted by certain
   33         agencies, entities, or vendors; requiring such
   34         agencies, entities, or vendors to submit a complete
   35         set of the applicant’s fingerprints to the Department
   36         of Law Enforcement for state processing; requiring the
   37         Department of Law Enforcement to forward the
   38         applicant’s fingerprints to the Federal Bureau of
   39         Investigation for national processing; providing that
   40         fees for fingerprint processing and retention be borne
   41         by the applicant; providing for retention of the
   42         fingerprints; requiring the department to notify the
   43         Department of Law Enforcement of certain individuals
   44         who are no longer registered as secondary metals
   45         recyclers; requiring the department to screen results
   46         of background checks; requiring that fees be deposited
   47         into the General Inspection Trust Fund, rather than
   48         the Operating Trust Fund; requiring a secondary metals
   49         recycler to allow personnel of the Department of
   50         Agriculture and Consumer Services to inspect a
   51         registration at the listed place of business;
   52         providing remedies to the Department of Agriculture
   53         and Consumer Services if a secondary metals recycler
   54         fails to allow such inspection; repealing certain
   55         civil fines; revising criteria to deny or revoke a
   56         registration as a secondary metals recycler; providing
   57         for immediate suspension of an application for
   58         registration or a registration if the applicant or
   59         registrant, or an owner, officer, director, or trustee
   60         of an applicant or registrant is convicted of certain
   61         felonies; conforming provisions to changes made by the
   62         act; amending s. 538.26, F.S.; prohibiting a secondary
   63         metals recycler from purchasing or allowing any person
   64         to purchase certain metals on a Sunday; revising the
   65         list of regulated metals subject to certain purchase
   66         restrictions; creating s. 538.27, F.S.; providing
   67         administrative penalties; specifying administrative
   68         procedures; providing for the collection of
   69         administrative fines; creating s. 538.29, F.S.;
   70         authorizing the Department of Agriculture and Consumer
   71         Services to adopt certain rules and forms; providing
   72         an appropriation; providing an effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. All powers; duties; functions; records;
   77  personnel; property; pending issues and existing contracts;
   78  administrative authority; administrative rules; and unexpended
   79  balances of appropriations, allocations, and other funds for the
   80  regulation of secondary metal recyclers are transferred by a
   81  type two transfer, as defined in s. 20.06(2), Florida Statutes,
   82  from the Department of Revenue to the Department of Agriculture
   83  and Consumer Services.
   84         Section 2. Section 213.05, Florida Statutes, is amended to
   85  read:
   86         213.05 Department of Revenue; control and administration of
   87  revenue laws.—The Department of Revenue shall have only those
   88  responsibilities for ad valorem taxation specified to the
   89  department in chapter 192, taxation, general provisions; chapter
   90  193, assessments; chapter 194, administrative and judicial
   91  review of property taxes; chapter 195, property assessment
   92  administration and finance; chapter 196, exemption; chapter 197,
   93  tax collections, sales, and liens; chapter 199, intangible
   94  personal property taxes; and chapter 200, determination of
   95  millage. The Department of Revenue shall have the responsibility
   96  of regulating, controlling, and administering all revenue laws
   97  and performing all duties as provided in s. 125.0104, the Local
   98  Option Tourist Development Act; s. 125.0108, tourist impact tax;
   99  chapter 198, estate taxes; chapter 201, excise tax on documents;
  100  chapter 202, communications services tax; chapter 203, gross
  101  receipts taxes; chapter 206, motor and other fuel taxes; chapter
  102  211, tax on production of oil and gas and severance of solid
  103  minerals; chapter 212, tax on sales, use, and other
  104  transactions; chapter 220, income tax code; ss. 336.021 and
  105  336.025, taxes on motor fuel and special fuel; s. 376.11,
  106  pollutant spill prevention and control; s. 403.718, waste tire
  107  fees; s. 403.7185, lead-acid battery fees; s. 538.09,
  108  registration of secondhand dealers; s. 538.25, registration of
  109  secondary metals recyclers; s. 624.4621, group self-insurer’s
  110  fund premium tax; s. 624.5091, retaliatory tax; s. 624.475,
  111  commercial self-insurance fund premium tax; ss. 624.509-624.511,
  112  insurance code: administration and general provisions; s.
  113  624.515, State Fire Marshal regulatory assessment; s. 627.357,
  114  medical malpractice self-insurance premium tax; s. 629.5011,
  115  reciprocal insurers premium tax; and s. 681.117, motor vehicle
  116  warranty enforcement.
  117         Section 3. Subsection (1), paragraph (p) of subsection (8),
  118  and subsection (11) of section 213.053, Florida Statutes, are
  119  amended to read:
  120         213.053 Confidentiality and information sharing.—
  121         (1) This section applies to:
  122         (a) Section 125.0104, county government;
  123         (b) Section 125.0108, tourist impact tax;
  124         (c) Chapter 175, municipal firefighters’ pension trust
  125  funds;
  126         (d) Chapter 185, municipal police officers’ retirement
  127  trust funds;
  128         (e) Chapter 198, estate taxes;
  129         (f) Chapter 199, intangible personal property taxes;
  130         (g) Chapter 201, excise tax on documents;
  131         (h) Chapter 202, the Communications Services Tax
  132  Simplification Law;
  133         (i) Chapter 203, gross receipts taxes;
  134         (j) Chapter 211, tax on severance and production of
  135  minerals;
  136         (k) Chapter 212, tax on sales, use, and other transactions;
  137         (l) Chapter 220, income tax code;
  138         (m) Section 252.372, emergency management, preparedness,
  139  and assistance surcharge;
  140         (n) Section 379.362(3), Apalachicola Bay oyster surcharge;
  141         (o) Chapter 376, pollutant spill prevention and control;
  142         (p) Section 403.718, waste tire fees;
  143         (q) Section 403.7185, lead-acid battery fees;
  144         (r) Section 538.09, registration of secondhand dealers;
  145         (s) Section 538.25, registration of secondary metals
  146  recyclers;
  147         (s)(t) Sections 624.501 and 624.509-624.515, insurance
  148  code;
  149         (t)(u) Section 681.117, motor vehicle warranty enforcement;
  150  and
  151         (u)(v) Section 896.102, reports of financial transactions
  152  in trade or business.
  153         (8) Notwithstanding any other provision of this section,
  154  the department may provide:
  155         (p) Names, addresses, and sales tax registration
  156  information, and information relative to chapter 212 for
  157  purposes of enforcing s.538.235(3), to the Division of Consumer
  158  Services of the Department of Agriculture and Consumer Services
  159  in the conduct of its official duties.
  160  
  161  Disclosure of information under this subsection shall be
  162  pursuant to a written agreement between the executive director
  163  and the agency. Such agencies, governmental or nongovernmental,
  164  shall be bound by the same requirements of confidentiality as
  165  the Department of Revenue. Breach of confidentiality is a
  166  misdemeanor of the first degree, punishable as provided by s.
  167  775.082 or s. 775.083.
  168         (11) Notwithstanding any other provision of this section,
  169  with respect to a request for verification of a certificate of
  170  registration issued pursuant to s. 212.18 to a specified dealer
  171  or taxpayer or with respect to a request by a law enforcement
  172  officer for verification of a certificate of registration issued
  173  pursuant to s. 538.09 to a specified secondhand dealer or
  174  pursuant to s. 538.25 to a specified secondary metals recycler,
  175  the department may disclose whether the specified person holds a
  176  valid certificate or whether a specified certificate number is
  177  valid or whether a specified certificate number has been
  178  canceled or is inactive or invalid and the name of the holder of
  179  the certificate. This subsection does shall not be construed to
  180  create a duty to request verification of any certificate of
  181  registration.
  182         Section 4. Paragraph (b) of subsection (1) of section
  183  319.30, Florida Statutes, is amended to read:
  184         319.30 Definitions; dismantling, destruction, change of
  185  identity of motor vehicle or mobile home; salvage.—
  186         (1) As used in this section, the term:
  187         (b) “Certificate of registration number” means the
  188  certificate of registration number issued by the Department of
  189  Agriculture and Consumer Services Revenue of the State of
  190  Florida pursuant to s. 538.25.
  191         Section 5. Subsections (2) and (7) of section 538.18,
  192  Florida Statutes, are amended to read:
  193         538.18 Definitions.—As used in this part, the term:
  194         (2) “Department” means the Department of Agriculture and
  195  Consumer Services Revenue.
  196         (7) “Personal identification card” means one of the
  197  following forms of identification, which must be valid and
  198  contain the individual’s photograph and current address:
  199         (a) A valid Florida driver license.
  200         (b), A Florida identification card issued by the
  201  Department of Highway Safety and Motor Vehicles.
  202         (c)A, an equivalent form of identification equivalent to
  203  paragraph (a) or paragraph (b) issued by another state.
  204         (d), A passport.
  205         (e), or An employment authorization issued by the United
  206  States Bureau of Citizenship and Immigration Services that
  207  contains an individual’s photograph and current address.
  208         Section 6. Subsections (1) through (3) of section 538.19,
  209  Florida Statutes, are amended to read:
  210         538.19 Records required; limitation of liability.—
  211         (1) A secondary metals recycler shall maintain a legible
  212  paper record of all purchase transactions to which such
  213  secondary metals recycler is a party. A secondary metals
  214  recycler shall also maintain a legible electronic record, in the
  215  English language, of all such purchase transactions. The
  216  appropriate law enforcement official may provide data
  217  specifications regarding the electronic record format, but such
  218  format must be approved by the department of Law Enforcement. An
  219  electronic record of a purchase transaction shall be
  220  electronically transmitted to the appropriate law enforcement
  221  official no later than 10 a.m. of the business day following the
  222  date of the purchase transaction. The record transmitted to the
  223  appropriate law enforcement official must not contain the price
  224  paid for the items. A secondary metals recycler who transmits
  225  such records electronically is not required to also deliver the
  226  original or paper copies of the transaction forms to the
  227  appropriate law enforcement official. However, such official
  228  may, for purposes of a criminal investigation, request the
  229  secondary metals recycler to make available the original
  230  transaction form that was electronically transmitted. This
  231  original transaction form must include the price paid for the
  232  items. The secondary metals recycler shall make the form
  233  available to the appropriate law enforcement official within 24
  234  hours after receipt of the request.
  235         (2) The following information must be maintained on the
  236  form approved by the department of Law Enforcement for each
  237  purchase transaction:
  238         (a) The name and address of the secondary metals recycler.
  239         (b) The name, initials, or other identification of the
  240  individual entering the information on the ticket.
  241         (c) The date and time of the transaction.
  242         (d) The weight, quantity, or volume, and a description of
  243  the type of regulated metals property purchased in a purchase
  244  transaction.
  245         (e) The amount of consideration given in a purchase
  246  transaction for the regulated metals property.
  247         (f) A signed statement from the person delivering the
  248  regulated metals property stating that she or he is the rightful
  249  owner of, or is entitled to sell, the regulated metals property
  250  being sold. If the purchase involves a stainless steel beer keg,
  251  the seller must provide written documentation from the
  252  manufacturer that the seller is the owner of the stainless steel
  253  beer keg or is an employee or agent of the manufacturer.
  254         (g) The distinctive number from the personal identification
  255  card of the person delivering the regulated metals property to
  256  the secondary metals recycler.
  257         (h) A description of the person from whom the regulated
  258  metals property was acquired, including:
  259         1. Full name, current residential address, workplace, and
  260  home and work phone numbers.
  261         2. Height, weight, date of birth, race, gender, hair color,
  262  eye color, and any other identifying marks.
  263         3. The right thumbprint, free of smudges and smears.
  264         4. Vehicle description to include the make, model, and tag
  265  number of the vehicle and trailer of the person selling the
  266  regulated metals property.
  267         5. Any other information required by the form approved by
  268  the department of Law Enforcement.
  269         (i) A photograph, videotape, or digital image of the
  270  regulated metals being sold.
  271         (j) A photograph, videotape, or similar likeness of the
  272  person receiving consideration in which such person’s facial
  273  features are clearly visible.
  274         (3) A secondary metals recycler complies with the
  275  requirements of this section if it maintains an electronic
  276  database containing the information required by subsection (2)
  277  as long as the electronic information required by subsection
  278  (2), along with an electronic oath of ownership with an
  279  electronic signature of the seller of the secondary metals being
  280  purchased by the secondary metals recyclers and an electronic
  281  image of the seller’s right thumbprint that has no smudges and
  282  smears, can be downloaded onto a paper form in the image of the
  283  form approved by the department of Law Enforcement as provided
  284  in subsection (2).
  285         Section 7. Section 538.20, Florida Statutes, is amended to
  286  read:
  287         538.20 Inspection of regulated metals property and
  288  records.—During the usual and customary business hours of a
  289  secondary metals recycler, a law enforcement officer or a
  290  nonsworn, trained regulatory investigator of the department
  291  shall, after properly identifying herself or himself as a law
  292  enforcement officer, have the right to inspect:
  293         (1) Any and all purchased regulated metals property in the
  294  possession of the secondary metals recycler, and
  295         (2) Any and all records required to be maintained under s.
  296  538.19.
  297         Section 8. Subsection (3) of section 538.21, Florida
  298  Statutes, is amended to read:
  299         538.21 Hold notice.—
  300         (3) A secondary metals recycler may not dispose of property
  301  at any location until any holding period has expired. At the
  302  expiration of the hold period or, if extended in accordance with
  303  this section, at the expiration of the extended hold period, the
  304  hold is automatically released and the secondary metals recycler
  305  may dispose of the regulated metals property unless other
  306  disposition has been ordered by a court of competent
  307  jurisdiction.
  308         Section 9. Subsections (1) and (3) of section 538.23,
  309  Florida Statutes, are amended to read:
  310         538.23 Violations and penalties.—
  311         (1)(a) Except as provided in paragraph (b), a secondary
  312  metals recycler who knowingly and intentionally:
  313         1. Violates s. 538.20, or s. 538.21, s. 538.235, or s.
  314  538.26; or
  315         2. Engages in a pattern of failing to keep records required
  316  under by s. 538.19;
  317         3. Violates s. 538.26(2); or
  318         4. Violates s. 538.235,
  319  
  320  commits a felony of the third degree, punishable as provided in
  321  s. 775.082, s. 775.083, or s. 775.084.
  322         (b) A secondary metals recycler who commits a third or
  323  subsequent violation of paragraph (a) commits a felony of the
  324  second degree, punishable as provided in s. 775.082, s. 775.083,
  325  or s. 775.084.
  326         (3) A Any person who knowingly provides false information,
  327  gives false verification of ownership, or who gives a false or
  328  altered identification and who receives money or other
  329  consideration from a secondary metals recycler in return for
  330  regulated metals property commits:
  331         (a) A felony of the third degree, punishable as provided in
  332  s. 775.082, s. 775.083, or s. 775.084, if the value of the money
  333  or other consideration received is less than $300.
  334         (b) A felony of the second degree, punishable as provided
  335  in s. 775.082, s. 775.083, or s. 775.084, if the value of the
  336  money or other consideration received is $300 or more or is for
  337  restricted regulated metals.
  338         Section 10. Section 538.25, Florida Statutes, is amended to
  339  read:
  340         538.25 Registration.—
  341         (1) A person may not engage in business as a secondary
  342  metals recycler at any location without registering with the
  343  department. To register as a secondary metals recycler, an
  344  application must be submitted to the department on a department
  345  prescribed form. One application is required for each secondary
  346  metals recycler. An applicant must be a natural person who is at
  347  least 18 years of age or a corporation that is organized or
  348  qualified to do business in this state. If the applicant is a
  349  partnership, each partner must separately apply for
  350  registration.
  351         (a)The application must include all the following
  352  information:
  353         1. The full name and address of the applicant. If the
  354  applicant is not a natural person, the applicant shall provide
  355  the full name and address of each direct and beneficial owner of
  356  at least 10 percent equity interest in the applicant. If the
  357  applicant is a corporation, the applicant must also state the
  358  full name and address of each officer and director. The
  359  department shall accept applications only from a fixed business
  360  address. The department may not accept an application that
  361  provides an address of a hotel room or motel room, a vehicle, or
  362  a post office box.
  363         2. The address of each location where the applicant will
  364  engage in business as a secondary metals recycler. The
  365  department shall issue a duplicate registration for each
  366  location. For purposes of subsections (3) and (4) and s. 538.27,
  367  duplicate registrations are individual registrations.
  368         3. If the applicant is a natural person, a complete set of
  369  his or her fingerprints, certified by an authorized law
  370  enforcement officer, and a copy of a valid fullface photographic
  371  identification card.
  372         4. If the applicant is a corporation, the name and address
  373  of the corporation’s registered agent for service of process in
  374  the state; and a certified copy of a statement from the
  375  Secretary of State declaring that the corporation is duly
  376  organized in this state or, if the corporation is organized in
  377  another state, declaring that the corporation is duly qualified
  378  to do business in this state.
  379         5. Evidence of general liability insurance and workers’
  380  compensation insurance coverage. Each secondary metals recycler
  381  must maintain general liability insurance and workers’
  382  compensation insurance throughout the registration period.
  383  Failure to maintain general liability insurance and workers’
  384  compensation insurance during the registration period
  385  constitutes an immediate threat to the public health, safety,
  386  and welfare, and the department may suspend or deny the
  387  registration of a secondary metals recycler without such
  388  insurance coverage.
  389         6. Any additional information requested by the department.
  390         (b)(a)An applicant shall remit a registration fee of $6
  391  for each of the applicant’s business locations with each
  392  application for registration and, if applicable, a fee equal to
  393  the federal and state costs for processing required fingerprints
  394  must be submitted to the department with each application for
  395  registration. One application is required for each secondary
  396  metals recycler. If a secondary metals recycler is the owner of
  397  more than one secondary metals recycling location, the
  398  application must list each location, and the department shall
  399  issue a duplicate registration for each location. For purposes
  400  of subsections (3), (4), and (5), these duplicate registrations
  401  shall be deemed individual registrations. A secondary metals
  402  recycler shall pay a fee of $6 per location at the time of
  403  registration and an annual renewal fee of $6 per location on
  404  October 1 of each year. All fees collected, less costs of
  405  administration, shall be transferred into the General Inspection
  406  Operating Trust Fund.
  407         (c)1. An applicant who is required to submit a copy of his
  408  or her fingerprints under paragraph (a) must be fingerprinted by
  409  an agency, entity, or vendor that meets the requirements of s.
  410  943.053(13). The agency, entity, or vendor shall forward a
  411  complete set of the applicant’s fingerprints to the Department
  412  of Law Enforcement for state processing, and the Department of
  413  Law Enforcement shall forward the applicant’s fingerprints to
  414  the Federal Bureau of Investigation for national processing.
  415         2. Fees for state and national fingerprint processing and
  416  fingerprint retention shall be borne by the applicant. The state
  417  cost for fingerprint processing is that authorized in s.
  418  943.053(3)(b) for records provided to persons or entities other
  419  than those specified as exceptions therein.
  420         3. All fingerprints submitted to the Department of Law
  421  Enforcement as required under this paragraph shall be retained
  422  by the Department of Law Enforcement as provided under s.
  423  943.05(2)(g) and (h) and enrolled in the Federal Bureau of
  424  Investigation’s national retained print arrest notification
  425  program. Fingerprints may not be enrolled in the national
  426  retained print arrest notification program until the Department
  427  of Law Enforcement begins participation with the Federal Bureau
  428  of Investigation. Arrest fingerprints will be searched against
  429  the retained prints by the Department of Law Enforcement and the
  430  Federal Bureau of Investigation.
  431         4. For any renewal of the applicant’s registration, the
  432  department shall request the Department of Law Enforcement to
  433  forward the retained fingerprints of the applicant to the
  434  Federal Bureau of Investigation unless the applicant is enrolled
  435  in the national retained print arrest notification program
  436  described in subparagraph 3. The fee for the national criminal
  437  history check shall be paid as part of the renewal fee to the
  438  department and forwarded by the department to the Department of
  439  Law Enforcement. If the applicant’s fingerprints are retained in
  440  the national retained print arrest notification program, the
  441  applicant shall pay the state and national retention fee to the
  442  department, and the department shall forward the fee to the
  443  Department of Law Enforcement.
  444         5. The department shall notify the Department of Law
  445  Enforcement regarding any person whose fingerprints have been
  446  retained but who is no longer registered under this chapter.
  447         6. The department shall screen background results to
  448  determine if an applicant meets registration requirements.
  449         (b) The department shall forward the full set of
  450  fingerprints to the Department of Law Enforcement for state and
  451  federal processing, provided the federal service is available,
  452  to be processed for any criminal justice information as defined
  453  in s. 943.045. The cost of processing such fingerprints shall be
  454  payable to the Department of Law Enforcement by the department.
  455  The department may issue a temporary registration to each
  456  location pending completion of the background check by state and
  457  federal law enforcement agencies but shall revoke such temporary
  458  registration if the completed background check reveals a
  459  prohibited criminal background. The Department of Law
  460  Enforcement shall report its findings to the Department of
  461  Revenue within 30 days after the date the fingerprints are
  462  submitted for criminal justice information.
  463         (c) An applicant for a secondary metals recycler
  464  registration must be a natural person who has reached the age of
  465  18 years or a corporation organized or qualified to do business
  466  in the state.
  467         1. If the applicant is a natural person, the registration
  468  must include a complete set of her or his fingerprints,
  469  certified by an authorized law enforcement officer, and a recent
  470  fullface photographic identification card of herself or himself.
  471         2. If the applicant is a partnership, all the partners must
  472  make application for registration.
  473         3. If the applicant is a corporation, the registration must
  474  include the name and address of such corporation’s registered
  475  agent for service of process in the state and a certified copy
  476  of statement from the Secretary of State that the corporation is
  477  duly organized in the state or, if the corporation is organized
  478  in a state other than Florida, a certified copy of the statement
  479  that the corporation is duly qualified to do business in this
  480  state.
  481         (2) A secondary metals recycler’s registration shall be
  482  conspicuously displayed at the place of business set forth on
  483  the registration. A secondary metals recycler must allow
  484  department personnel to enter the place of business to ascertain
  485  whether a registration is current. If department personnel are
  486  refused entry or access for such purpose, the department may
  487  seek an inspection warrant pursuant to ss. 933.20-933.30 to
  488  obtain compliance with this subsection A secondary metals
  489  recycler shall not dispose of property at any location until any
  490  holding period has expired.
  491         (3) The Department of Revenue may impose a civil fine of up
  492  to $10,000 for each knowing and intentional violation of this
  493  section, which fine shall be transferred into the General
  494  Revenue Fund. If the fine is not paid within 60 days, the
  495  department may bring a civil action under s. 120.69 to recover
  496  the fine.
  497         (3)(4) In addition to the penalties fine provided in s.
  498  538.27 subsection (3), registration under this section may be
  499  denied or any registration granted may be revoked, restricted,
  500  or suspended by the department if, after October 2, 1989, and
  501  within a 10-year 24-month period immediately preceding such
  502  denial, revocation, restriction, or suspension:
  503         (a) The applicant or registrant, or an owner, officer,
  504  director, or trustee of a registrant or applicant has been
  505  convicted of knowingly and intentionally:
  506         1. Violating s. 538.20, or s. 538.21, or s. 538.26;
  507         2. Engaging in a pattern of failing to keep records as
  508  required by s. 538.19;
  509         3. Making a material false statement in the application for
  510  registration; or
  511         4. Engaging in a fraudulent act in connection with any
  512  purchase or sale of regulated metals property;
  513         (b) The applicant or registrant, or an owner, officer,
  514  director, or trustee of a registrant or applicant has been
  515  convicted of, or entered a plea of guilty or nolo contendere to,
  516  a felony committed by the secondary metals recycler against the
  517  laws of the state or of the United States involving theft,
  518  larceny, dealing in stolen property, receiving stolen property,
  519  burglary, embezzlement, obtaining property by false pretenses,
  520  possession of altered property, or any felony drug offense or of
  521  knowingly and intentionally violating the laws of the state
  522  relating to registration as a secondary metals recycler; or
  523         (c) The applicant or registrant has, after receipt of
  524  written notice from the Department of Revenue of failure to pay
  525  sales tax, failed or refused to pay, within 30 days after the
  526  secondary metals recycler’s receipt of such written notice, any
  527  sales tax owed to the Department of Revenue.
  528         (4)(5) A denial of an application, or a revocation,
  529  restriction, or suspension of a registration, by the department
  530  shall be probationary for a period of 12 months in the event
  531  that the secondary metals recycler subject to such action has
  532  not had any other application for registration denied, or any
  533  registration revoked, restricted, or suspended, by the
  534  department within the previous 24-month period.
  535         (a) If, during the 12-month probationary period, the
  536  department does not again deny an application or revoke,
  537  restrict, or suspend the registration of the secondary metals
  538  recycler, the action of the department shall be dismissed and
  539  the record of the applicant or secondary metals recycler cleared
  540  thereof.
  541         (b) If, during the 12-month probationary period, the
  542  department, for reasons other than those existing before prior
  543  to the original denial or revocation, restriction, or
  544  suspension, again denies an application or revokes, restricts,
  545  or suspends the registration of the secondary metals recycler,
  546  the probationary nature of such original action shall terminate,
  547  and both the original action of the department and the action of
  548  the department causing the termination of the probationary
  549  nature thereof shall immediately be reinstated against the
  550  applicant or secondary metals recycler.
  551         (c) The department shall immediately suspend a registration
  552  or the processing of an application for registration upon
  553  notification and subsequent written verification by a law
  554  enforcement agency, a court, a state attorney, or the Department
  555  of Law Enforcement that the registrant or applicant, or an
  556  owner, officer, director, or trustee of a registrant or
  557  applicant, is convicted of a felony enumerated in chapter 812 or
  558  chapter 817.
  559         (5)(6) Upon the request of a law enforcement official, the
  560  department of Revenue shall release to the official the name and
  561  address of any secondary metals recycler registered to do
  562  business within the official’s jurisdiction.
  563         Section 11. Subsections (1) and (5) of section 538.26,
  564  Florida Statutes, are amended to read:
  565         538.26 Certain acts and practices prohibited.—It is
  566  unlawful for a secondary metals recycler to do or allow any of
  567  the following acts:
  568         (1) Purchase regulated metals property, restricted
  569  regulated metals property, or ferrous metals before 7 a.m. or
  570  after 7 p.m., or any time on Sunday.
  571         (5)(a) Purchase any restricted regulated metals property
  572  listed in paragraph (b) unless the secondary metals recycler
  573  obtains reasonable proof that the seller:
  574         1. Owns such property. Reasonable proof of ownership may
  575  include, but is not limited to, a receipt or bill of sale; or
  576         2. Is an employee, agent, or contractor of the property’s
  577  owner who is authorized to sell the property on behalf of the
  578  owner. Reasonable proof of authorization to sell the property
  579  includes, but is not limited to, a signed letter on the owner’s
  580  letterhead, dated no later than 90 days before the sale,
  581  authorizing the seller to sell the property.
  582         (b) The purchase of any of the following regulated metals
  583  property is subject to the restrictions provided in paragraph
  584  (a):
  585         1. A manhole cover.
  586         2. A metal An electric light pole or other utility
  587  structure and its fixtures.
  588         3., wires, and Hardware that is are readily identifiable
  589  as connected to a metal electric light the utility structure.
  590         4.3. A guard rail.
  591         5.4. A street sign, traffic sign, or traffic signal and its
  592  fixtures and hardware.
  593         6.5. Communication, transmission, distribution, and service
  594  wire from a utility, including copper or aluminum bus bars,
  595  connectors, grounding plates, or grounding wire.
  596         7.6. A funeral marker or funeral vase.
  597         8.7. A historical marker.
  598         9.8. Railroad equipment, including, but not limited to, a
  599  tie plate, signal house, control box, switch plate, E clip, or
  600  rail tie junction.
  601         10.9. Any metal item that is observably marked upon
  602  reasonable inspection with any form of the name, initials, or
  603  logo of a governmental entity, utility company, cemetery, or
  604  railroad.
  605         11.10. A copper, aluminum, or aluminum-copper condensing or
  606  evaporator coil, including its tubing or rods, from an air
  607  conditioning or heating unit, excluding coils from window air
  608  conditioning or heating units and motor vehicle air-conditioning
  609  or heating units.
  610         12.11. An aluminum or stainless steel container or bottle
  611  designed to hold propane for fueling forklifts.
  612         13.12. A stainless steel beer keg.
  613         14.13. A catalytic converter or any nonferrous part of a
  614  catalytic converter unless purchased as part of a motor vehicle.
  615         15.14. Metallic wire that has been burned in whole or in
  616  part to remove insulation.
  617         16.15. A brass or bronze commercial valve or fitting,
  618  referred to as a “fire department connection and control valve”
  619  or an “FDC valve,” that is commonly used on structures for
  620  access to water for the purpose of extinguishing fires.
  621         17.16. A brass or bronze commercial potable water backflow
  622  preventer valve that is commonly used to prevent backflow of
  623  potable water from commercial structures into municipal domestic
  624  water service systems.
  625         18.17. A shopping cart.
  626         19.18. A brass water meter.
  627         20.19. A storm grate.
  628         21.20. A brass sprinkler head used in commercial
  629  agriculture.
  630         22.21.Three or more than two lead-acid batteries, or any
  631  part or component thereof, in a single purchase or from the same
  632  individual in a single day.
  633         Section 12. Section 538.27, Florida Statutes, is created to
  634  read:
  635         538.27 Administrative penalties.—
  636         (1) Upon a determination that a violation of s. 538.19, s.
  637  538.235, s. 538.25, or s. 538.26 has occurred, the department
  638  may do one or more of the following:
  639         (a) Issue a notice of noncompliance pursuant to s. 120.695.
  640         (b) Impose an administrative fine not to exceed $200 per
  641  violation and not to exceed $5,000 per inspection.
  642         (c) Direct that the secondary metals recycler cease and
  643  desist specified activities.
  644         (2) Administrative proceedings that could result in the
  645  entry of an order imposing any penalty specified in this section
  646  must be conducted in accordance with chapter 120.
  647         (3) Fines collected under this section shall be deposited
  648  into the General Inspection Trust Fund. The department may bring
  649  a civil action under s. 120.69 to recover any fine imposed under
  650  this section which is not paid within 60 days after imposition.
  651         Section 13. Section 538.29, Florida Statutes, is created to
  652  read:
  653         538.29 Rulemaking authority.—The department may adopt rules
  654  and forms to administer the provisions of this part. The rules
  655  must include tiered penalties for violations of this part.
  656         Section 14. For the 2014-2015 fiscal year, there is
  657  appropriated to the Department of Agriculture and Consumer
  658  Services, the sums of $259,721 in recurring and $185,664 in
  659  nonrecurring funds from the General Inspection Trust Fund, and 4
  660  full-time equivalent positions with associated salary rate of
  661  138,181, are authorized for the purpose of implementing this
  662  act.
  663         Section 15. This act shall take effect July 1, 2014.