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. |