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A bill to be entitled

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An act relating to secondary metals recycling; amending s.

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538.19, F.S.; requiring additional information to be

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recorded by secondary metals recyclers; providing audit

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authority and enforcement and reporting requirements for

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the Department of Revenue; creating s. 538.195, F.S.;

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requiring specified information to be reported by

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secondary metals recyclers to the Department of Law

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Enforcement for specified transactions; providing for

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forms; requiring retention of certain metals received for

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a specified period; providing penalties for failure to

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report; amending s. 538.23, F.S.; providing criminal

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penalties for specified violations by secondary metals

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recyclers; amending s. 538.25, F.S.; providing specified

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administrative penalties for certain violations by

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secondary metals recyclers; amending s. 538.26, F.S.;

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prohibiting purchases of certain regulated metals from

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minors; prohibiting purchases of or removal of insulation

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from certain metallic wire; providing exceptions; creating

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s. 538.27, F.S.; prohibiting cash payments and payments on

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site at the time of the transaction in certain regulated

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metals transactions; requiring receipts meeting specified

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requirements for certain transactions; providing

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exceptions; creating s. 538.28, F.S.; prohibiting sale of

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certain items; providing exceptions; providing penalties;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 538.19, Florida Statutes, is amended to

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read:

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     538.19  Records required.--

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     (1)  A secondary metals recycler shall maintain a legible

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record of all purchase transactions to which such secondary

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metals recycler is a party.

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     (2)  The following information must be maintained for each

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purchase transaction:

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     (a)  The name and address of the secondary metals recycler.

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     (b)  The name, initials, or other identification of the

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individual entering the information on the ticket.

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     (c)  The date and time of the transaction.

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     (d) A photograph of the regulated metals property purchased

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The weight, quantity, or volume, and a description, including

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weight, quantity, or volume, of the type of regulated metals

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property purchased in a purchase transaction.

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     (e)  The amount of consideration given in a purchase

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transaction for the regulated metals property.

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     (f)  A signed statement from the person delivering the

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regulated metals property stating that she or he is the rightful

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owner of, or is entitled to sell, the regulated metals property

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being sold.

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     (g)  The distinctive number from the personal identification

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card of the person delivering the regulated metals property to

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the secondary metals recycler.

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     (h)  A photograph, videotape, or similar likeness of the

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person receiving consideration in which such person's facial

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features are clearly visible.

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     (i) The name; physical description, including gender,

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height, weight, race, and eye and hair color; physical address;

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date of birth; and signature of the person delivering the

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regulated metals property and a photocopy of that person's

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current personal identification card. The secondary metals

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recycler must validate as much of the information provided by the

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person delivering the regulated metals property under this

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paragraph as possible by using a personal identification card

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provided by that person.

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     (j) The sales tax number, if applicable, of the person

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delivering the regulated metals property.

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     (k) The number and state of issuance of the license tag on

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the motor vehicle used to deliver the regulated metals, if

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applicable.

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     (3)  A secondary metals recycler shall maintain or cause to

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be maintained the information required by this section for not

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less than 5 years from the date of the purchase transaction.

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     (4) The department is authorized to perform routine, random

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audits of the records of secondary metals recyclers and shall

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enforce the provisions of this section and report any suspicious

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purchases or sales of metal recorded pursuant to this section to

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the applicable local law enforcement agency. Nothing in this

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subsection shall be construed to prevent a local law enforcement

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agency from enforcing this section in any other manner consistent

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with law.

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     Section 2.  Section 538.195, Florida Statutes, is created to

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read:

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     538.195 Report to the Department of Law Enforcement;

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exemption; penalties.--

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     (1) A secondary metals recycler shall deliver to the

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Department of Law Enforcement, on a paper or electronic form

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designed and made available by that department, a record of the

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receipt of regulated metals property within 24 hours after

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receipt, unless the metals were received from an industrial

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account or a secondary metals recycler for which a record is

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required to be kept by s. 538.19. The record of receipt shall

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include all information required by s. 538.19(2)(a), (c), (d),

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(e), (i), and (k), excluding the signature of the person

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delivering the regulated metals property.

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     (2) For receipt of copper or aluminum wire with a diameter

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of three-eighths of an inch or larger and for transactions with a

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value over $100, a secondary metals recycler shall hold in its

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custody any regulated metal received in a reportable transaction

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for 7 days after filing the report required by subsection (1) in

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the same size, shape, and condition in which the regulated metal

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was received on its business premises. This subsection does not

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apply to:

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     (a) Transactions with industrial accounts or other

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secondary metals recyclers.

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     (b) Purchases of used aluminum beverage containers or

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ferrous regulated metals.

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     (c) Purchases of regulated metal authorized for release by

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a law enforcement officer with jurisdiction over the secondary

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metals recycler.

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     (3) A person who fails to file a report required by this

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section commits:

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     (a) For the first offense, a misdemeanor of the second

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

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     (b) For a second or subsequent offense, a misdemeanor of

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the first degree, punishable as provided in s. 775.082 or s.

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775.083.

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     Section 3.  Subsection (1) of section 538.23, Florida

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Statutes, is amended to read:

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     538.23  Violations and penalties.--

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     (1) A secondary metals recycler who shall, upon conviction

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of knowingly and intentionally:

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

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     (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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     (c) Violates Violating s. 538.26(4), (6), or (7)

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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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     Section 4.  Subsection (4) of section 538.25, Florida

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Statutes, is amended to read:

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     538.25  Registration.--

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     (4)  In addition to the fine provided in subsection (3),

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registration under this section may be denied or any registration

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granted may be revoked, restricted, or suspended by the

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department if, after October 2, 1989, and within a 24-month

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period immediately preceding such denial, revocation,

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restriction, or suspension:

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     (a)  The applicant or registrant has been convicted of

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knowingly and intentionally:

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     1. Violating s. 538.195, s. 538.20, or s. 538.21, s.

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538.27, or s. 538.28;

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     2.  Engaging in a pattern of failing to keep records as

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required by s. 538.19;

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     3.  Making a material false statement in the application for

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registration; or

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     4.  Engaging in a fraudulent act in connection with any

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purchase or sale of regulated metals property;

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     (b)  The applicant or registrant has been convicted of, or

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entered a plea of guilty or nolo contendere to, a felony

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committed by the secondary metals recycler against the laws of

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the state or of the United States involving theft, larceny,

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dealing in stolen property, receiving stolen property, burglary,

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embezzlement, obtaining property by false pretenses, possession

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of altered property, or any felony drug offense or of knowingly

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and intentionally violating the laws of the state relating to

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registration as a secondary metals recycler; or

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     (c)  The applicant has, after receipt of written notice from

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the department of failure to pay sales tax, failed or refused to

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pay, within 30 days after the secondary metals recycler's receipt

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of such written notice, any sales tax owed to the department.

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     Section 5.  Subsections (6) and (7) are added to section

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538.26, Florida Statutes, to read:

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     538.26  Certain acts and practices prohibited.--It is

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unlawful for a secondary metals recycler to do or allow any of

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the following acts:

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     (6) Purchase regulated metals from a minor, other than used

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aluminum beverage containers or materials consisting of a metal

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product in its original manufactured form that is comprised of no

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more than 20 percent by weight of nonferrous metal.

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     (7)(a) Purchase or otherwise receive metallic wire that was

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burned in whole or in part to remove insulation unless the

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secondary metals recycler receives from the regulated metal

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seller written evidence that identifies the person delivering the

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wire and written evidence that the wire was lawfully burned.

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     (b) Accept aluminum wire or copper wire with a diameter of

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three-eighths of an inch or larger that has had the insulation

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removed.

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     (c) Remove the insulation from aluminum wire or copper wire

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with a diameter of three-eighths of an inch or larger until after

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the 7-day period prescribed by s. 538.195(2).

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This subsection does not apply to transactions with industrial

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accounts or between secondary metals recyclers.

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     Section 6.  Section 538.27, Florida Statutes, is created to

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read:

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     538.27 Payment.--

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     (1) A secondary metals recycler shall not:

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     (a) Provide payment for any regulated metals on site at the

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time of the regulated metals transaction. Payment shall be made

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by mailing a check or money order to a physical address provided

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by the seller through personal identification as provided in s.

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538.19(2)(i). The check or money order shall be made payable to

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the business name for an industrial account. This paragraph

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applies to:

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     1. All transactions with an industrial account, unless the

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industrial account annually preregisters employees with the

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secondary metals recycler who shall be authorized sellers on

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behalf of the industrial account.

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     2. All transactions, except transactions with industrial

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accounts exempted under subparagraph 1., which are purchases of:

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     a. Copper or aluminum wire with a diameter of three-eights

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of an inch or larger; or

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     b. Three hundred dollars or more.

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     (b) Conduct a series of transactions for one vehicle load

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of regulated metals to avoid the requirements of this section.

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     (c) Participate in more than one cash transaction per day

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for regulated metals with any one seller.

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     (2) For each regulated metals transaction, the secondary

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metals recycler shall provide a receipt to the person delivering

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the regulated metals on site at the time of the transaction that

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includes the following information:

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     (a) The date, time, and place of the transaction.

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     (b) An identifying description and weight of the specific

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regulated metals received.

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     (c) The dollar amount of the transaction.

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     (3) This section does not apply to transactions involving

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used aluminum beverage containers or materials consisting of a

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metal product in its original manufactured form that is comprised

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of no more than 20 percent by weight of nonferrous metal.

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     Section 7.  Section 538.28, Florida Statutes, is created to

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read:

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     538.28 Sales of certain items prohibited.--

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     (1) Notwithstanding any provision of law, rule, or

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regulation to the contrary, it is unlawful to sell, offer for

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sale, or purchase as junk any metal item bearing markings of any

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governmental entity, utility company, cemetery, or railroad,

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including street signs, propane containers for fueling forklifts,

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or funeral markers.

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     (2) This section does not apply to the sale, offer for

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sale, or purchase as junk of such items by a duly authorized

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employee or representative of any governmental entity acting

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within his or her official capacity or by a duly authorized

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employee or representative of a utility company, cemetery, or

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railroad authorized to act on behalf of his or her employer.

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     (3) A person who violates this section commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 8.  This act shall take effect July 1, 2008.