CS/CS/HB 105

1
A bill to be entitled
2An act relating to secondary metals recyclers; amending s.
3538.18, F.S.; revising the definition of "personal
4identification card"; deleting an exclusion of
5transactions under a specified amount from the definition
6of "purchase transaction" for specified purposes; revising
7the definition of "regulated metals property"; amending s.
8538.19, F.S.; revising recordkeeping requirements for
9purchase transactions; providing for additional seller
10information to be obtained; requiring an image of the
11regulated metals being sold; providing an exemption from a
12specified recordkeeping provision if the same information
13is maintained in an electronic database meeting specified
14requirements; providing a substitute recordkeeping
15requirement for certain transactions between registered
16secondary metals recyclers; amending s. 538.23, F.S.;
17providing for enhanced penalties for third or subsequent
18violations of a specified provision; providing enhanced
19penalties for violations of specified provisions relating
20to false verification of ownership or false or altered
21identification of a seller of regulated metals; creating
22s. 538.235, F.S.; prohibiting secondary metals recyclers
23from entering into cash transactions in certain
24circumstances; amending s. 538.25, F.S.; requiring the
25Department of Revenue to provide a law enforcement
26official, upon request, with specified information
27regarding certain secondary metals recyclers; amending s.
28538.26, F.S.; prohibiting the purchase of any regulated
29metals property when presented at the property of a
30secondary metals recycler and not transported in a motor
31vehicle; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsections (5), (6), and (7) of section
36538.18, Florida Statutes, are amended to read:
37     538.18  Definitions.--As used in this part, the term:
38     (5)  "Personal identification card" means any government-
39issued photographic identification card a driver's license or
40identification card issued by the Department of Highway Safety
41and Motor Vehicles under s. 322.03 or s. 322.051, or a similar
42card issued by another state, a military identification card, a
43passport, or an appropriate work authorization issued by the
44United States Bureau of Citizenship and Immigration Services.
45     (6)  "Purchase transaction" means a transaction in which a
46secondary metals recycler gives consideration having a value in
47excess of $10 in exchange for regulated metals property.
48     (7)  "Regulated metals property" means any item composed
49primarily of any nonferrous metals, but shall not include
50aluminum beverage containers, used beverage containers, or
51similar beverage containers. The term shall include stainless
52steel beer kegs.
53     Section 2.  Section 538.19, Florida Statutes, is amended to
54read:
55     538.19  Records required.--
56     (1)  A secondary metals recycler shall maintain a legible
57record of all purchase transactions to which such secondary
58metals recycler is a party.
59     (2)  The following information must be maintained on a form
60approved by the Department of Law Enforcement for each purchase
61transaction:
62     (a)  The name and address of the secondary metals recycler.
63     (b)  The name, initials, or other identification of the
64individual entering the information on the ticket.
65     (c)  The date and time of the transaction.
66     (d)  The weight, quantity, or volume, and a description of
67the type of regulated metals property purchased in a purchase
68transaction.
69     (e)  The amount of consideration given in a purchase
70transaction for the regulated metals property.
71     (f)  A signed statement from the person delivering the
72regulated metals property stating that she or he is the rightful
73owner of, or is entitled to sell, the regulated metals property
74being sold. If the purchase involves a stainless steel beer keg,
75the seller must provide written documentation from the
76manufacturer that the seller is the owner of the stainless steel
77beer keg or is an employee or agent of the manufacturer.
78     (g)  The distinctive number from the personal
79identification card of the person delivering the regulated
80metals property to the secondary metals recycler.
81     (h)  A description of the person from whom the goods were
82acquired, including:
83     1.  Full name, current residential address, workplace, and
84home and work phone numbers.
85     2.  Height, weight, date of birth, race, gender, hair
86color, eye color, and any other identifying marks.
87     3.  The right thumbprint, free of smudges and smears.
88     4.  Vehicle description to include the make, model, and tag
89number of the vehicle and trailer of the person selling the
90regulated metals property.
91     5.  Any other information required by the form approved by
92the Department of Law Enforcement.
93     (i)  A photograph, videotape, or digital image of the
94regulated metals being sold.
95     (j)(h)  A photograph, videotape, or similar likeness of the
96person receiving consideration in which such person's facial
97features are clearly visible.
98     (3)  Any secondary metals recycler that maintains an
99electronic database containing the information required in
100paragraph (2)(h), along with an oath of ownership with a
101signature of the seller of the secondary metals being purchased
102by the secondary metals recycler and a right thumbprint that has
103no smudges and smears on the oath of ownership for each purchase
104transaction, shall be exempt from the records requirement of
105paragraph (2)(h). A secondary metals recycler complies with the
106requirements of this section if it maintains an electronic
107database containing the information required by paragraph (2)(h)
108as long as the electronic information required by paragraph
109(2)(h), along with an electronic oath of ownership with an
110electronic signature of the seller of the secondary metals being
111purchased by the secondary metals recyclers and an electronic
112image of the seller's right thumbprint that has no smudges and
113smears, can be downloaded onto a paper form in the image of the
114form approved by the Department of Law Enforcement as provided
115in subsection (2).
116     (4)(3)  A secondary metals recycler shall maintain or cause
117to be maintained the information required by this section for
118not less than 5 years from the date of the purchase transaction.
119     (5)  If a purchase transaction involves the transfer of
120regulated metals property from a secondary metals recycler
121registered with the department to another secondary metals
122recycler registered with the department, the secondary metals
123recycler receiving the regulated metals property shall record
124the name and address of the secondary metals recycler from which
125it received the regulated metals property in lieu of the
126requirements of paragraph (2)(h).
127     Section 3.  Subsections (1) and (3) of section 538.23,
128Florida Statutes, are amended to read:
129     538.23  Violations and penalties.--
130     (1)(a)  Except as provided in paragraph (b), a secondary
131metals recycler who shall, upon conviction of knowingly and
132intentionally:
133     1.(a)  Violates Violating s. 538.20 or s. 538.21;
134     2.(b)  Engages Engaging in a pattern of failing to keep
135records as required by s. 538.19; or
136     3.(c)  Violates Violating s. 538.26(4);, or
137     4.  Violates s. 538.235,
138
139commits be guilty of a misdemeanor of the first degree,
140punishable as provided in s. 775.082.
141     (b)  A secondary metals recycler who commits a third or
142subsequent violation of paragraph (a) commits a felony of the
143third degree, punishable as provided in s. 775.082, s. 775.083,
144or s. 775.084.
145     (3)  Any person who knowingly gives false verification of
146ownership or who gives a false or altered identification and who
147receives money or other consideration from a secondary metals
148recycler in return for regulated metals property commits shall,
149upon conviction, be guilty of:
150     (a)  A felony misdemeanor of the third first degree,
151punishable as provided in s. 775.082, or s. 775.083, or s.
152775.084, if the value of the money or other consideration
153received is less than $300.
154     (b)  A felony of the second third degree, punishable as
155provided in s. 775.082, s. 775.083, or s. 775.084, if the value
156of the money or other consideration received is $300 or more.
157     Section 4.  Section 538.235, Florida Statutes, is created
158to read:
159     538.235  Method of payment.--A secondary metals recycler
160shall not enter into any cash transaction in excess of $1,000 in
161payment for the purchase of regulated metals property. Payment
162in excess of $1,000 for the purchase of regulated metals
163property shall be made by check issued to the seller of the
164metal and payable to the seller.
165     Section 5.  Subsection (6) is added to section 538.25,
166Florida Statutes, to read:
167     538.25  Registration.--
168     (6)  Upon the request of a law enforcement official, the
169Department of Revenue shall release to the official the name and
170address of any secondary metals recycler registered to do
171business within the official's jurisdiction.
172     Section 6.  Subsection (4) of section 538.26, Florida
173Statutes, is amended to read:
174     538.26  Certain acts and practices prohibited.--It is
175unlawful for a secondary metals recycler to do or allow any of
176the following acts:
177     (4)  Purchase regulated metals property from any seller who
178presents such property for sale at the registered location of
179the secondary metals recycler when such property was not
180transported in a motor vehicle unless the seller can prove
181ownership of the regulated metals property.
182     Section 7.  This act shall take effect October 1, 2008.


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