| 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 | 
  | 
| 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 | 
  | 
| 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. |