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; creating

22

s. 538.235, F.S.; prohibiting secondary metals recyclers

23

from entering into cash transactions in certain

24

circumstances; amending s. 538.25, F.S.; requiring the

25

Department of Revenue to provide a law enforcement

26

official, upon request, with specified information

27

regarding certain secondary metals recyclers; amending s.

28

538.26, F.S.; prohibiting the purchase of any regulated

29

metals property when presented at the property of a

30

secondary metals recycler and not transported in a motor

31

vehicle; providing an effective date.

32

33

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

34

35

     Section 1.  Subsections (5), (6), and (7) of section 538.18,

36

Florida Statutes, are amended to read:

37

     538.18  Definitions.--As used in this part, the term:

38

     (5) "Personal identification card" means any government-

39

issued photographic identification card a driver's license or

40

identification card issued by the Department of Highway Safety

41

and Motor Vehicles under s. 322.03 or s. 322.051, or a similar

42

card issued by another state, a military identification card, a

43

passport, or an appropriate work authorization issued by the

44

United States Bureau of Citizenship and Immigration Services.

45

     (6)  "Purchase transaction" means a transaction in which a

46

secondary metals recycler gives consideration having a value in

47

excess of $10 in exchange for regulated metals property.

48

     (7)  "Regulated metals property" means any item composed

49

primarily of any nonferrous metals, but shall not include

50

aluminum beverage containers, used beverage containers, or

51

similar beverage containers. The term shall include stainless

52

steel beer kegs.

53

     Section 2.  Section 538.19, Florida Statutes, is amended to

54

read:

55

     538.19  Records required.--

56

     (1)  A secondary metals recycler shall maintain a legible

57

record of all purchase transactions to which such secondary

58

metals recycler is a party.

59

     (2) The following information must be maintained on a form

60

approved by the Department of Law Enforcement for each purchase

61

transaction:

62

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

63

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

64

individual entering the information on the ticket.

65

     (c)  The date and time of the transaction.

66

     (d)  The weight, quantity, or volume, and a description of

67

the type of regulated metals property purchased in a purchase

68

transaction.

69

     (e)  The amount of consideration given in a purchase

70

transaction for the regulated metals property.

71

     (f)  A signed statement from the person delivering the

72

regulated metals property stating that she or he is the rightful

73

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

74

being sold. If the purchase involves a stainless steel beer keg,

75

the seller must provide written documentation from the

76

manufacturer that the seller is the owner of the stainless steel

77

beer keg or is an employee or agent of the manufacturer.

78

     (g)  The distinctive number from the personal identification

79

card of the person delivering the regulated metals property to

80

the secondary metals recycler.

81

     (h) A description of the person from whom the goods were

82

acquired, including:

83

     1. Full name, current residential address, workplace, and

84

home and work phone numbers.

85

     2. Height, weight, date of birth, race, gender, hair color,

86

eye color, and any other identifying marks.

87

     3. The right thumbprint, free of smudges and smears.

88

     4. Vehicle description to include the make, model, and tag

89

number of the vehicle and trailer of the person selling the

90

regulated metals property.

91

     5. Any other information required by the form approved by

92

the Department of Law Enforcement.

93

     (i) A photograph, videotape, or digital image of the

94

regulated metals being sold.

95

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

96

person receiving consideration in which such person's facial

97

features are clearly visible.

98

     (3) Any secondary metals recycler that maintains an

99

electronic database containing the information required in

100

paragraph (2)(h), along with an oath of ownership with a

101

signature of the seller of the secondary metals being purchased

102

by the secondary metals recycler and a right thumbprint that has

103

no smudges and smears on the oath of ownership for each purchase

104

transaction, shall be exempt from the records requirement of

105

paragraph (2)(h). A secondary metals recycler complies with the

106

requirements of this section if it maintains an electronic

107

database containing the information required by paragraph (2)(h)

108

as long as the electronic information required by paragraph

109

(2)(h), along with an electronic oath of ownership with an

110

electronic signature of the seller of the secondary metals being

111

purchased by the secondary metals recyclers and an electronic

112

image of the seller's right thumbprint that has no smudges and

113

smears, can be downloaded onto a paper form in the image of the

114

form approved by the Department of Law Enforcement as provided in

115

subsection (2).

116

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

117

to be maintained the information required by this section for not

118

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

119

     (5) If a purchase transaction involves the transfer of

120

regulated metals property from a secondary metals recycler

121

registered with the department to another secondary metals

122

recycler registered with the department, the secondary metals

123

recycler receiving the regulated metals property shall record the

124

name and address of the secondary metals recycler from which it

125

received the regulated metals property in lieu of the

126

requirements of paragraph (2)(h).

127

     Section 3.  Subsections (1) and (3) of section 538.23,

128

Florida Statutes, are amended to read:

129

     538.23  Violations and penalties.--

130

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

131

metals recycler who shall, upon conviction of knowingly and

132

intentionally:

133

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

134

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

135

records as required by s. 538.19; or

136

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

137

     4. Violates s. 538.235,

138

139

commits be guilty of a misdemeanor of the first degree,

140

punishable as provided in s. 775.082.

141

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

142

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

143

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

144

or s. 775.084.

145

     (3)  Any person who knowingly gives false verification of

146

ownership or who gives a false or altered identification and who

147

receives money or other consideration from a secondary metals

148

recycler in return for regulated metals property commits shall,

149

upon conviction, be guilty of:

150

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

151

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

152

775.084, if the value of the money or other consideration

153

received is less than $300.

154

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

155

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

156

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

157

     Section 4.  Section 538.235, Florida Statutes, is created to

158

read:

159

     538.235 Method of payment.--A secondary metals recycler

160

shall not enter into any cash transaction in excess of $1,000 in

161

payment for the purchase of regulated metals property. Payment in

162

excess of $1,000 for the purchase of regulated metals property

163

shall be made by check issued to the seller of the metal and

164

payable to the seller.

165

     Section 5.  Subsection (6) is added to section 538.25,

166

Florida Statutes, to read:

167

     538.25  Registration.--

168

     (6) Upon the request of a law enforcement official, the

169

Department of Revenue shall release to the official the name and

170

address of any secondary metals recycler registered to do

171

business within the official's jurisdiction.

172

     Section 6.  Subsection (4) of section 538.26, Florida

173

Statutes, is amended to read:

174

     538.26  Certain acts and practices prohibited.--It is

175

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

176

the following acts:

177

     (4)  Purchase regulated metals property from any seller who

178

presents such property for sale at the registered location of the

179

secondary metals recycler when such property was not transported

180

in a motor vehicle unless the seller can prove ownership of the

181

regulated metals property.

182

     Section 7.  This act shall take effect October 1, 2008.