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A bill to be entitled

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An act relating to secondary metals recyclers; amending s.

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538.18, F.S.; revising the definition of "personal

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identification card"; deleting an exclusion of

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transactions under a specified amount from the definition

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of "purchase transaction" for specified purposes; revising

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the definition of "regulated metals property"; amending s.

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538.19, F.S.; revising recordkeeping requirements for

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purchase transactions; providing for additional seller

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information to be obtained; requiring an image of the

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regulated metals being sold; providing an exemption from a

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specified recordkeeping provision if the same information

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is maintained in an electronic database meeting specified

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requirements; providing a substitute recordkeeping

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requirement for certain transactions between registered

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secondary metals recyclers; amending s. 538.23, F.S.;

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providing for enhanced penalties for third or subsequent

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violations of a specified provision; providing enhanced

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penalties for violations of specified provisions relating

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to false verification of ownership or false or altered

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identification of a seller of regulated metals; providing

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that if a person acts as a secondary metals recycler but

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is not registered with the Department of Revenue, the

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person commits a felony of the third degree; providing

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criminal penalties; creating s. 538.235, F.S.; prohibiting

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secondary metals recyclers from entering into cash

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transactions in certain circumstances; amending s. 538.25,

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F.S.; requiring the Department of Revenue to provide a law

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enforcement official, upon request, with specified

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information regarding certain secondary metals recyclers;

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amending s. 538.26, F.S.; prohibiting the purchase of any

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regulated metals property when presented at the property

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of a secondary metals recycler and not transported in a

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motor vehicle; 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.  Subsections (5), (6), and (7) of section 538.18,

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Florida Statutes, are amended to read:

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

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

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issued photographic identification card a driver's license or

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identification card issued by the Department of Highway Safety

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

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

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passport, or an appropriate work authorization issued by the

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United States Bureau of Citizenship and Immigration Services.

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

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secondary metals recycler gives consideration having a value in

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excess of $10 in exchange for regulated metals property.

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

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primarily of any nonferrous metals, but shall not include

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aluminum beverage containers, used beverage containers, or

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similar beverage containers. The term shall include stainless

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steel beer kegs.

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     Section 2.  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 on a form

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approved by the Department of Law Enforcement for each purchase

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

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the type of regulated metals property purchased in a purchase

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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. If the purchase involves a stainless steel beer keg,

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the seller must provide written documentation from the

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manufacturer that the seller is the owner of the stainless steel

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

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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 description of the person from whom the goods were

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acquired, including:

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

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home and work phone numbers.

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

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eye color, and any other identifying marks.

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

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

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number of the vehicle and trailer of the person selling the

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regulated metals property.

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     5. Any other information required by the form approved by

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the Department of Law Enforcement.

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

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regulated metals being sold.

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     (j)(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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     (3) Any secondary metals recycler that maintains an

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electronic database containing the information required in

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

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signature of the seller of the secondary metals being purchased

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by the secondary metals recycler and a right thumbprint that has

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

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transaction, shall be exempt from the records requirement of

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

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requirements of this section if it maintains an electronic

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

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as long as the electronic information required by paragraph

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

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electronic signature of the seller of the secondary metals being

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purchased by the secondary metals recyclers and an electronic

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

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

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form approved by the Department of Law Enforcement as provided in

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subsection (2).

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

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to 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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     (5) If a purchase transaction involves the transfer of

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regulated metals property from a secondary metals recycler

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registered with the department to another secondary metals

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recycler registered with the department, the secondary metals

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recycler receiving the regulated metals property shall record the

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name and address of the secondary metals recycler from which it

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received the regulated metals property in lieu of the

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requirements of paragraph (2)(h).

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

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read:

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     538.235 Method of payment.--A secondary metals recycler

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

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payment for the purchase of regulated metals property. Payment in

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

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

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payable to the seller.

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

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Florida Statutes, to read:

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     538.25  Registration.--

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

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Department of Revenue shall release to the official the name and

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address of any secondary metals recycler registered to do

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business within the official's jurisdiction.

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

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Statutes, is amended 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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     (4)  Purchase regulated metals property from any seller who

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presents such property for sale at the registered location of the

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secondary metals recycler when such property was not transported

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

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regulated metals property.

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