HB 105

1	A bill to be entitled
2	An act relating to secondary metals recyclers; amending s.
3	538.18, F.S.; revising the definition of "personal
4	identification card"; deleting an exclusion of
5	transactions under a specified amount from the definition
6	of "purchase transaction" for specified purposes; amending
7	s. 538.19, F.S.; providing for additional seller
8	information to be obtained; requiring an image of the
9	regulated metals being sold; amending s. 538.23, F.S.;
10	providing for enhanced penalties for third or subsequent
11	violations of a specified provision; providing enhanced
12	penalties for violations of specified provisions relating
13	to false verification of ownership or false or altered
14	identification of a seller of regulated metals; amending
15	s. 538.25, F.S.; requiring the Department of Revenue to
16	provide a law enforcement official, upon request, with
17	specified information regarding certain secondhand
18	dealers; amending s. 538.26, F.S.; prohibiting the
19	purchase of any regulated metals property, other than
20	aluminum cans, when presented at the property of a
21	secondary metals recycler and not transported in a motor
22	vehicle; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsections (5) and (6) of section 538.18,
27	Florida Statutes, are amended to read:
28	538.18  Definitions.--As used in this part, the term:
29	(5)  "Personal identification card" means any
30	government-issued photographic identification card a driver's
31	license or identification card issued by the Department of
32	Highway Safety and Motor Vehicles under s. 322.03 or s. 322.051,
33	or a similar card issued by another state, a military
34	identification card, a passport, or an appropriate work
35	authorization issued by the United States Bureau of Citizenship
36	and Immigration Services.
37	(6)  "Purchase transaction" means a transaction in which a
38	secondary metals recycler gives consideration having a value in
39	excess of $10 in exchange for regulated metals property.
40	Section 2.  Subsection (2) of section 538.19, Florida
41	Statutes, is amended to read:
42	538.19  Records required.--
43	(2)  The following information must be maintained on a form
44	approved by the Department of Law Enforcement for each purchase
45	transaction:
46	(a)  The name and address of the secondary metals recycler.
47	(b)  The name, initials, or other identification of the
48	individual entering the information on the ticket.
49	(c)  The date and time of the transaction.
50	(d)  The weight, quantity, or volume, and a description of
51	the type of regulated metals property purchased in a purchase
52	transaction.
53	(e)  The amount of consideration given in a purchase
54	transaction for the regulated metals property.
55	(f)  A signed statement from the person delivering the
56	regulated metals property stating that she or he is the rightful
57	owner of, or is entitled to sell, the regulated metals property
58	being sold.
59	(g)  The distinctive number from the personal
60	identification card of the person delivering the regulated
61	metals property to the secondary metals recycler.
62	(h)  A description of the person from whom the goods were
63	acquired, including:
64	1.  Full name, current residential address, workplace, and
65	home and work phone numbers.
66	2.  Height, weight, date of birth, race, gender, hair
67	color, eye color, and any other identifying marks.
68	3.  The right thumbprint, free of smudges and smears.
69	4.  Vehicle description to include the make, model, and tag
70	number of the vehicle and trailer of the person selling the
71	regulated metals property.
72	5.  Any other information required by the form approved by
73	the Department of Law Enforcement.
74	(i)  A photograph, videotape, or digital image of the
75	regulated metals being sold.
76	(j)(h)  A photograph, videotape, or similar likeness of the
77	person receiving consideration in which such person's facial
78	features are clearly visible.
79	Section 3.  Subsections (1) and (3) of section 538.23,
80	Florida Statutes, are amended to read:
81	538.23  Violations and penalties.--
82	(1)(a)  Except as provided in paragraph (b), a secondary
83	metals recycler who shall, upon conviction of knowingly and
84	intentionally:
85	1.(a)  Violates Violating s. 538.20 or s. 538.21;
86	2.(b)  Engages Engaging in a pattern of failing to keep
87	records as required by s. 538.19; or
88	3.(c)  Violates Violating s. 538.26(4),
89
90	commits be guilty of a misdemeanor of the first degree,
91	punishable as provided in s. 775.082.
92	(b)  A secondary metals recycler who commits a third or
93	subsequent violation of paragraph (a) commits a felony of the
94	third degree, punishable as provided in s. 775.082, s. 775.083,
95	or s. 775.084.
96	(3)  Any person who knowingly gives false verification of
97	ownership or who gives a false or altered identification and who
98	receives money or other consideration from a secondary metals
99	recycler in return for regulated metals property commits shall,
100	upon conviction, be guilty of:
101	(a)  A felony misdemeanor of the third first degree,
102	punishable as provided in s. 775.082, or s. 775.083, or s.
103	775.084, if the value of the money or other consideration
104	received is less than $300.
105	(b)  A felony of the second third degree, punishable as
106	provided in s. 775.082, s. 775.083, or s. 775.084, if the value
107	of the money or other consideration received is $300 or more.
108	Section 4.  Subsection (6) is added to section 538.25,
109	Florida Statutes, to read:
110	538.25  Registration.--
111	(6)  Upon the request of a law enforcement official, the
112	Department of Revenue shall release to the official the name and
113	address of any secondhand dealer registered to do business
114	within the official's jurisdiction.
115	Section 5.  Subsection (4) of section 538.26, Florida
116	Statutes, is amended to read:
117	538.26  Certain acts and practices prohibited.--It is
118	unlawful for a secondary metals recycler to do or allow any of
119	the following acts:
120	(4)  Purchase regulated metals property, with the exception
121	of aluminum cans, from any seller who presents such property for
122	sale at the registered location of the secondary metals recycler
123	when such property was not transported in a motor vehicle unless
124	the seller can prove ownership of the regulated metals property.
125	Section 6.  This act shall take effect October 1, 2008.

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