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The Committee on Criminal Justice (Crist) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 127 through 156

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and insert:

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     Section 3.  Section 538.23, Florida Statutes, is amended to

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read:

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     538.23  Violations and penalties.--

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     (1)(a) Except as provided in paragraph (b), a secondary

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metals recycler who shall, upon conviction of knowingly and

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intentionally:

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     1.(a) Violates Violating s. 538.20 or s. 538.21;

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     2.(b) Engages Engaging in a pattern of failing to keep

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records as required by s. 538.19; or

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     3.(c) Violates Violating s. 538.26(4); or,

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     4. Violates s. 538.235,

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Commits be guilty of a misdemeanor of the first degree,

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punishable as provided in s. 775.082.

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     (b) A secondary metals recycler who commits a third or

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subsequent violation of paragraph (a) commits a felony of the

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     (2)  A secondary metals recycler is presumed to know upon

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receipt of stolen regulated metals property in a purchase

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transaction that the regulated metals property has been stolen

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from another if the secondary metals recycler knowingly and

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intentionally fails to maintain the information required in s.

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538.19 and shall, upon conviction of a violation of s. 812.015,

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be punished as provided in s. 812.014(2) or (3).

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     (3)  Any person who knowingly gives false verification of

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ownership or who gives a false or altered identification and who

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receives money or other consideration from a secondary metals

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recycler in return for regulated metals property commits shall,

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upon conviction, be guilty of:

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     (a) A felony misdemeanor of the third first degree,

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punishable as provided in s. 775.082, or s. 775.083, or s.

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775.084, if the value of the money or other consideration

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received is less than $300.

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     (b) A felony of the second third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084, if the value

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of the money or other consideration received is $300 or more.

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     (4) If When a lawful owner recovers stolen regulated metals

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property from a secondary metals recycler who has complied with

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the provisions of this part, and the person who sold the

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regulated metals property to the secondary metals recycler is

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convicted of theft, a violation of this section, or dealing in

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stolen property, the court shall order the defendant to make full

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restitution, including, without limitation, attorneys' fees,

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court costs, and other expenses to the secondary metals recycler

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pursuant to s. 775.089.

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     (5) A person acting as a secondary metals recycler who is

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not registered with the department under s. 538.25 commits a

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felony of the third degree punishable as provided in s. 775.082,

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s. 775.083, or 775.084.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 21, after the semicolon,

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insert:

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providing that if a person acts as a secondary metals

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recycler but is not registered with the Department of

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Revenue, the person commits a felony of the third degree;

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providing criminal penalties;

3/17/2008  2:15:00 PM     12-05110-08