Florida Senate - 2009                              CS for SB 478
       
       
       
       By the Committee on Community Affairs; and Senator Baker
       
       
       
       
       578-02671-09                                           2009478c1
    1                        A bill to be entitled                      
    2         An act relating to secondhand dealers and secondary
    3         metals recyclers; amending s. 538.03, F.S.; excluding
    4         exercise equipment from the definition of secondhand
    5         goods; amending s. 538.21, F.S.; providing that the
    6         procedures governing hold notices issued when a law
    7         enforcement officer has reasonable cause to believe
    8         that certain regulated metals in the possession of a
    9         secondary metals recycler have been stolen are of
   10         statewide application and that the state therefore
   11         preempts municipal or county ordinances specifically
   12         relating to secondary metals recyclers holding such
   13         metals; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (f) of subsection (1) of section
   18  538.03, Florida Statutes, is amended to read:
   19         538.03 Definitions; applicability.—
   20         (1) As used in this part, the term:
   21         (f) “Secondhand goods” means personal property previously
   22  owned or used, which is not regulated metals property regulated
   23  under part II and which is purchased, consigned, or traded as
   24  used property. Such secondhand goods do not include office
   25  furniture, pianos, books, clothing, organs, coins, motor
   26  vehicles, costume jewelry, exercise equipment, and secondhand
   27  sports equipment that is not permanently labeled with a serial
   28  number. For purposes of this paragraph, “secondhand sports
   29  equipment” does not include golf clubs.
   30         Section 2. Subsection (4) is added to section 538.21,
   31  Florida Statutes, to read:
   32         538.21 Hold notice.—
   33         (4) This section provides uniform statewide procedures
   34  governing hold notices and the state preempts municipal or
   35  county ordinances specifically relating to secondary metals
   36  recyclers holding such metals.
   37         Section 3. This act shall take effect July 1, 2009.