| 1 | A bill to be entitled |
| 2 | An act relating to secondhand dealers and secondary metals |
| 3 | recyclers; amending s. 538.03, F.S.; excluding specified |
| 4 | equipment from the definition of "secondhand goods"; |
| 5 | amending s. 538.21, F.S.; preempting certain local |
| 6 | government ordinances relating to hold notices for |
| 7 | secondary metals recyclers; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (f) of subsection (1) of section |
| 12 | 538.03, Florida Statutes, is amended to read: |
| 13 | 538.03 Definitions; applicability.-- |
| 14 | (1) As used in this part, the term: |
| 15 | (f) "Secondhand goods" means personal property previously |
| 16 | owned or used, which is not regulated metals property regulated |
| 17 | under part II and which is purchased, consigned, or traded as |
| 18 | used property. Such secondhand goods do not include office |
| 19 | furniture, pianos, books, clothing, organs, coins, motor |
| 20 | vehicles, costume jewelry, cardio and strength training or |
| 21 | conditioning equipment designed primarily for indoor use, and |
| 22 | secondhand sports equipment that is not permanently labeled with |
| 23 | a serial number. For purposes of this paragraph, "secondhand |
| 24 | sports equipment" does not include golf clubs. |
| 25 | Section 2. Subsection (4) is added to section 538.21, |
| 26 | Florida Statutes, to read: |
| 27 | 538.21 Hold notice.-- |
| 28 | (4) This section provides a uniform statewide process and |
| 29 | preempts municipal or county ordinances enacted after December |
| 30 | 31, 2008, relating specifically to secondary metals recyclers |
| 31 | holding such metals. |
| 32 | Section 3. This act shall take effect October 1, 2009. |