| 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; revising |
| 7 | the definition of "regulated metals property"; amending s. |
| 8 | 538.19, F.S.; revising recordkeeping requirements for |
| 9 | purchase transactions; providing for additional seller |
| 10 | information to be obtained; requiring an image of the |
| 11 | regulated metals being sold; providing an exemption from a |
| 12 | specified recordkeeping provision if the same information |
| 13 | is maintained in an electronic database meeting specified |
| 14 | requirements; providing a substitute recordkeeping |
| 15 | requirement for certain transactions between registered |
| 16 | secondary metals recyclers; amending s. 538.23, F.S.; |
| 17 | providing for enhanced penalties for third or subsequent |
| 18 | violations of a specified provision; providing enhanced |
| 19 | penalties for violations of specified provisions relating |
| 20 | to false verification of ownership or false or altered |
| 21 | identification of a seller of regulated metals; |
| 22 | prohibiting engaging in business as a secondary metals |
| 23 | recycler without registration with the Department of |
| 24 | Revenue under a specified provision; providing criminal |
| 25 | penalties; creating s. 538.235, F.S.; prohibiting |
| 26 | secondary metals recyclers from entering into cash |
| 27 | transactions in certain circumstances; amending s. 538.25, |
| 28 | F.S.; requiring the Department of Revenue to provide a law |
| 29 | enforcement official, upon request, with specified |
| 30 | information regarding certain secondary metals recyclers; |
| 31 | amending s. 538.26, F.S.; prohibiting the purchase of any |
| 32 | regulated metals property when presented at the property |
| 33 | of a secondary metals recycler and not transported in a |
| 34 | motor vehicle; providing an effective date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. Subsections (5), (6), and (7) of section |
| 39 | 538.18, Florida Statutes, are amended to read: |
| 40 | 538.18 Definitions.--As used in this part, the term: |
| 41 | (5) "Personal identification card" means any government- |
| 42 | issued photographic identification card a driver's license or |
| 43 | identification card issued by the Department of Highway Safety |
| 44 | and Motor Vehicles under s. 322.03 or s. 322.051, or a similar |
| 45 | card issued by another state, a military identification card, a |
| 46 | passport, or an appropriate work authorization issued by the |
| 47 | United States Bureau of Citizenship and Immigration Services. |
| 48 | (6) "Purchase transaction" means a transaction in which a |
| 49 | secondary metals recycler gives consideration having a value in |
| 50 | excess of $10 in exchange for regulated metals property. |
| 51 | (7) "Regulated metals property" means any item composed |
| 52 | primarily of any nonferrous metals, but shall not include |
| 53 | aluminum beverage containers, used beverage containers, or |
| 54 | similar beverage containers. The term shall include stainless |
| 55 | steel beer kegs. |
| 56 | Section 2. Section 538.19, Florida Statutes, is amended to |
| 57 | read: |
| 58 | 538.19 Records required.-- |
| 59 | (1) A secondary metals recycler shall maintain a legible |
| 60 | record of all purchase transactions to which such secondary |
| 61 | metals recycler is a party. |
| 62 | (2) The following information must be maintained on a form |
| 63 | approved by the Department of Law Enforcement for each purchase |
| 64 | transaction: |
| 65 | (a) The name and address of the secondary metals recycler. |
| 66 | (b) The name, initials, or other identification of the |
| 67 | individual entering the information on the ticket. |
| 68 | (c) The date and time of the transaction. |
| 69 | (d) The weight, quantity, or volume, and a description of |
| 70 | the type of regulated metals property purchased in a purchase |
| 71 | transaction. |
| 72 | (e) The amount of consideration given in a purchase |
| 73 | transaction for the regulated metals property. |
| 74 | (f) A signed statement from the person delivering the |
| 75 | regulated metals property stating that she or he is the rightful |
| 76 | owner of, or is entitled to sell, the regulated metals property |
| 77 | being sold. If the purchase involves a stainless steel beer keg, |
| 78 | the seller must provide written documentation from the |
| 79 | manufacturer that the seller is the owner of the stainless steel |
| 80 | beer keg or is an employee or agent of the manufacturer. |
| 81 | (g) The distinctive number from the personal |
| 82 | identification card of the person delivering the regulated |
| 83 | metals property to the secondary metals recycler. |
| 84 | (h) A description of the person from whom the goods were |
| 85 | acquired, including: |
| 86 | 1. Full name, current residential address, workplace, and |
| 87 | home and work phone numbers. |
| 88 | 2. Height, weight, date of birth, race, gender, hair |
| 89 | color, eye color, and any other identifying marks. |
| 90 | 3. The right thumbprint, free of smudges and smears. |
| 91 | 4. Vehicle description to include the make, model, and tag |
| 92 | number of the vehicle and trailer of the person selling the |
| 93 | regulated metals property. |
| 94 | 5. Any other information required by the form approved by |
| 95 | the Department of Law Enforcement. |
| 96 | (i) A photograph, videotape, or digital image of the |
| 97 | regulated metals being sold. |
| 98 | (j)(h) A photograph, videotape, or similar likeness of the |
| 99 | person receiving consideration in which such person's facial |
| 100 | features are clearly visible. |
| 101 | (3) Any secondary metals recycler that maintains an |
| 102 | electronic database containing the information required in |
| 103 | paragraph (2)(h), along with an oath of ownership with a |
| 104 | signature of the seller of the secondary metals being purchased |
| 105 | by the secondary metals recycler and a right thumbprint that has |
| 106 | no smudges and smears on the oath of ownership for each purchase |
| 107 | transaction, shall be exempt from the records requirement of |
| 108 | paragraph (2)(h). A secondary metals recycler complies with the |
| 109 | requirements of this section if it maintains an electronic |
| 110 | database containing the information required by paragraph (2)(h) |
| 111 | as long as the electronic information required by paragraph |
| 112 | (2)(h), along with an electronic oath of ownership with an |
| 113 | electronic signature of the seller of the secondary metals being |
| 114 | purchased by the secondary metals recyclers and an electronic |
| 115 | image of the seller's right thumbprint that has no smudges and |
| 116 | smears, can be downloaded onto a paper form in the image of the |
| 117 | form approved by the Department of Law Enforcement as provided |
| 118 | in subsection (2). |
| 119 | (4)(3) A secondary metals recycler shall maintain or cause |
| 120 | to be maintained the information required by this section for |
| 121 | not less than 5 years from the date of the purchase transaction. |
| 122 | (5) If a purchase transaction involves the transfer of |
| 123 | regulated metals property from a secondary metals recycler |
| 124 | registered with the department to another secondary metals |
| 125 | recycler registered with the department, the secondary metals |
| 126 | recycler receiving the regulated metals property shall record |
| 127 | the name and address of the secondary metals recycler from which |
| 128 | it received the regulated metals property in lieu of the |
| 129 | requirements of paragraph (2)(h). |
| 130 | Section 3. Subsections (1), (3), and (4) of section |
| 131 | 538.23, Florida Statutes, are amended, and subsection (5) is |
| 132 | added to that section, to read: |
| 133 | 538.23 Violations and penalties.-- |
| 134 | (1)(a) Except as provided in paragraph (b), a secondary |
| 135 | metals recycler who shall, upon conviction of knowingly and |
| 136 | intentionally: |
| 137 | 1.(a) Violates Violating s. 538.20 or s. 538.21; |
| 138 | 2.(b) Engages Engaging in a pattern of failing to keep |
| 139 | records as required by s. 538.19; or |
| 140 | 3.(c) Violates Violating s. 538.26(4);, or |
| 141 | 4. Violates s. 538.235, |
| 142 |
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| 143 | commits be guilty of a misdemeanor of the first degree, |
| 144 | punishable as provided in s. 775.082. |
| 145 | (b) A secondary metals recycler who commits a third or |
| 146 | subsequent violation of paragraph (a) commits a felony of the |
| 147 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 148 | or s. 775.084. |
| 149 | (3) Any person who knowingly gives false verification of |
| 150 | ownership or who gives a false or altered identification and who |
| 151 | receives money or other consideration from a secondary metals |
| 152 | recycler in return for regulated metals property commits shall, |
| 153 | upon conviction, be guilty of: |
| 154 | (a) A felony misdemeanor of the third first degree, |
| 155 | punishable as provided in s. 775.082, or s. 775.083, or s. |
| 156 | 775.084, if the value of the money or other consideration |
| 157 | received is less than $300. |
| 158 | (b) A felony of the second third degree, punishable as |
| 159 | provided in s. 775.082, s. 775.083, or s. 775.084, if the value |
| 160 | of the money or other consideration received is $300 or more. |
| 161 | (4) If When a lawful owner recovers stolen regulated |
| 162 | metals property from a secondary metals recycler who has |
| 163 | complied with the provisions of this part, and the person who |
| 164 | sold the regulated metals property to the secondary metals |
| 165 | recycler is convicted of theft, a violation of this section, or |
| 166 | dealing in stolen property, the court shall order the defendant |
| 167 | to make full restitution, including, without limitation, |
| 168 | attorneys' fees, court costs, and other expenses to the |
| 169 | secondary metals recycler pursuant to s. 775.089. |
| 170 | (5) A person acting as a secondary metals recycler who is |
| 171 | not registered with the department under s. 538.25 commits a |
| 172 | felony of the third degree, punishable as provided in s. |
| 173 | 775.082, s. 775.083, or s. 775.084. |
| 174 | Section 4. Section 538.235, Florida Statutes, is created |
| 175 | to read: |
| 176 | 538.235 Method of payment.--A secondary metals recycler |
| 177 | shall not enter into any cash transaction in excess of $1,000 in |
| 178 | payment for the purchase of regulated metals property. Payment |
| 179 | in excess of $1,000 for the purchase of regulated metals |
| 180 | property shall be made by check issued to the seller of the |
| 181 | metal and payable to the seller. |
| 182 | Section 5. Subsection (6) is added to section 538.25, |
| 183 | Florida Statutes, to read: |
| 184 | 538.25 Registration.-- |
| 185 | (6) Upon the request of a law enforcement official, the |
| 186 | Department of Revenue shall release to the official the name and |
| 187 | address of any secondary metals recycler registered to do |
| 188 | business within the official's jurisdiction. |
| 189 | Section 6. Subsection (4) of section 538.26, Florida |
| 190 | Statutes, is amended to read: |
| 191 | 538.26 Certain acts and practices prohibited.--It is |
| 192 | unlawful for a secondary metals recycler to do or allow any of |
| 193 | the following acts: |
| 194 | (4) Purchase regulated metals property from any seller who |
| 195 | presents such property for sale at the registered location of |
| 196 | the secondary metals recycler when such property was not |
| 197 | transported in a motor vehicle unless the seller can prove |
| 198 | ownership of the regulated metals property. |
| 199 | Section 7. This act shall take effect October 1, 2008. |