Florida Senate - 2009                CS for CS for CS for SB 478
       
       
       
       By the Committees on Criminal Justice; Commerce; and Community
       Affairs; and Senators Baker and Lynn
       
       
       
       591-05729-09                                           2009478c3
    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         cardio and strength-training or conditioning equipment
    5         designed primarily for indoor use from the definition
    6         of secondhand goods; amending s. 538.21, F.S.;
    7         providing that the procedures governing hold notices
    8         issued when a law enforcement officer has reasonable
    9         cause to believe that certain regulated metals in the
   10         possession of a secondary metals recycler have been
   11         stolen are of statewide application, and that the
   12         state therefore preempts municipal or county
   13         ordinances enacted after a specified date which
   14         specifically relate to secondary metals recyclers
   15         holding such metals; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (f) of subsection (1) of section
   20  538.03, Florida Statutes, is amended to read:
   21         538.03 Definitions; applicability.—
   22         (1) As used in this part, the term:
   23         (f) “Secondhand goods” means personal property previously
   24  owned or used, which is not regulated metals property regulated
   25  under part II and which is purchased, consigned, or traded as
   26  used property. Such secondhand goods do not include office
   27  furniture, pianos, books, clothing, organs, coins, motor
   28  vehicles, costume jewelry, cardio and strength-training or
   29  conditioning equipment designed primarily for indoor use, and
   30  secondhand sports equipment that is not permanently labeled with
   31  a serial number. For purposes of this paragraph, “secondhand
   32  sports equipment” does not include golf clubs.
   33         Section 2. Subsection (4) is added to section 538.21,
   34  Florida Statutes, to read:
   35         538.21 Hold notice.—
   36         (4) This section provides uniform statewide procedures
   37  governing hold notices and the state preempts municipal or
   38  county ordinances enacted after December 31, 2008, which
   39  specifically relate to secondary metals recyclers holding such
   40  metals.
   41         Section 3. This act shall take effect October 1, 2009.