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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; amending

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s. 538.19, F.S.; 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; 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; amending

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s. 538.25, F.S.; requiring the Department of Revenue to

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provide a law enforcement official, upon request, with

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specified information regarding certain secondhand

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dealers; amending s. 538.26, F.S.; requiring that a

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secondary metals recycler purchasing regulated metals

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retain documentation showing proof of the seller's

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ownership; providing that it is a first-degree misdemeanor

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to sell, offer for sale, purchase, or attempt to purchase

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a stainless steel beer keg without proof of ownership;

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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.  Subsections (5) and (6) 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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     Section 2.  Subsection (2) of section 538.19, Florida

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Statutes, is amended to read:

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     538.19  Records required.--

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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.

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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, which must include the make, model,

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and tag number of the vehicle and trailer of the person selling

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

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Florida Statutes, are amended to 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), (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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     (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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     (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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     Section 4.  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 secondhand dealer registered to do business within

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the official's jurisdiction.

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     Section 5.  Subsection (4) of section 538.26, Florida

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Statutes, is amended, and subsections (6) and (7) are added to

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that section, 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. The secondary metals recycler shall

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retain a copy of the proof of ownership along with the records

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required under s. 538.19.

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     (6) Sell or offer for sale a stainless steel beer keg

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without providing reasonable written documentation that the

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seller owns the stainless steel beer keg or is an employee,

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agent, or other person authorized to sell the beer keg on behalf

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of the owner.

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     (7) Purchase or attempt to purchase a stainless steel beer

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keg without obtaining reasonable written documentation that the

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seller owns the stainless steel beer keg or is an employee,

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agent, or other person authorized to sell the beer keg on behalf

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of the owner.

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     Section 6.  This act shall take effect October 1, 2008.