Florida Senate - 2011                              CS for SB 622
       
       
       
       By the Committee on Commerce and Tourism; and Senator Hays
       
       
       
       
       577-04376-11                                           2011622c1
    1                        A bill to be entitled                      
    2         An act relating to secondhand dealers and secondary
    3         metals recyclers; amending ss. 538.03 and 538.18,
    4         F.S.; defining the term “appropriate law enforcement
    5         official”; amending s. 538.04, F.S.; clarifying a
    6         provision requiring that the secondhand dealers
    7         transaction form be delivered to the appropriate law
    8         enforcement official; amending s. 538.19, F.S.;
    9         requiring that a secondary metals recycler complete a
   10         transaction form and transmit it to the appropriate
   11         law enforcement official within 24 hours after the
   12         acquisition of regulated metals; authorizing such
   13         recyclers to use an electronic database and transmit
   14         transaction forms electronically; providing for
   15         appropriate law enforcement officials to provide
   16         software and computer equipment to recyclers;
   17         requiring that a recycler produce an original form in
   18         certain situations; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (j) is added to subsection (1) of
   23  section 538.03, Florida Statutes, to read:
   24         538.03 Definitions; applicability.—
   25         (1) As used in this part, the term:
   26         (j) “Appropriate law enforcement official” means the
   27  sheriff of the county in which a secondhand dealer is located
   28  or, in the case of a secondhand dealer located within a
   29  municipality, the police chief of the municipality in which the
   30  secondhand dealer is located; however, any sheriff or police
   31  chief may designate as the appropriate law enforcement official
   32  for the county or municipality, as applicable, any law
   33  enforcement officer working within the county or municipality
   34  headed by that sheriff or police chief. This paragraph does not
   35  limit the power and responsibilities of the sheriff.
   36         Section 2. Subsection (1) of section 538.04, Florida
   37  Statutes, is amended to read:
   38         538.04 Recordkeeping requirements; penalties.—
   39         (1) Secondhand dealers shall complete a secondhand dealers
   40  transaction form at the time of the actual transaction. A
   41  secondhand dealer shall maintain a copy of a completed
   42  transaction form on the registered premises for at least 1 year
   43  after the date of the transaction. However, the secondhand
   44  dealer shall maintain a copy of the transaction form for not
   45  less than 3 years. Unless other arrangements have been agreed
   46  upon by the secondhand dealer and the appropriate law
   47  enforcement agency, the secondhand dealer shall, within 24 hours
   48  after the acquisition of any secondhand goods, deliver to the
   49  appropriate law enforcement official police department of the
   50  municipality where the goods were acquired or, if the goods were
   51  acquired outside of a municipality, to the sheriff’s department
   52  of the county where the goods were acquired, a record of the
   53  transaction on a form approved by the Department of Law
   54  Enforcement. Such record shall contain:
   55         (a) The time, date, and place of the transaction.
   56         (b) A complete and accurate description of the goods
   57  acquired, including the following information, if applicable:
   58         1. Brand name.
   59         2. Model number.
   60         3. Manufacturer’s serial number.
   61         4. Size.
   62         5. Color, as apparent to the untrained eye.
   63         6. Precious metal type, weight, and content if known.
   64         7. Gemstone description, including the number of stones, if
   65  applicable.
   66         8. In the case of firearms, the type of action, caliber or
   67  gauge, number of barrels, barrel length, and finish.
   68         9. Any other unique identifying marks, numbers, or letters.
   69         (c) A description of the person from whom the goods were
   70  acquired, including:
   71         1. Full name, current residential address, workplace, and
   72  home and work phone numbers.
   73         2. Height, weight, date of birth, race, gender, hair color,
   74  eye color, and any other identifying marks.
   75         3. The right thumbprint, free of smudges and smears, of the
   76  person from whom the goods were acquired.
   77         (d) Any other information required by the form approved by
   78  the Department of Law Enforcement.
   79         Section 3. Subsection (10) is added to section 538.18,
   80  Florida Statutes, to read:
   81         538.18 Definitions.—As used in this part, the term:
   82         (10) “Appropriate law enforcement official” means the
   83  sheriff of the county in which a secondary metals recycler is
   84  located or, in the case of a secondary metals recycler located
   85  within a municipality, the police chief of the municipality in
   86  which the secondary metals recycler is located; however, any
   87  sheriff or police chief may designate as the appropriate law
   88  enforcement official for the county or municipality, as
   89  applicable, any law enforcement officer working within the
   90  county or municipality headed by that sheriff or police chief.
   91  This subsection does not limit the power and responsibilities of
   92  the sheriff.
   93         Section 4. Section 538.19, Florida Statutes, is amended to
   94  read:
   95         538.19 Records required.—
   96         (1) A secondary metals recycler shall complete a
   97  transaction form at the time of the actual transaction. Unless
   98  other arrangements have been agreed upon, the secondary metals
   99  recycler shall, within 24 hours after acquiring the regulated
  100  metals, deliver to the appropriate law enforcement official a
  101  record of the transaction on a form approved by the Department
  102  of Law Enforcement. The recycler shall also maintain a legible
  103  record of all purchase transactions to which the such secondary
  104  metals recycler is a party.
  105         (2) The following information must be maintained on the a
  106  form approved by the Department of Law Enforcement for each
  107  purchase transaction:
  108         (a) The name and address of the secondary metals recycler.
  109         (b) The name, initials, or other identification of the
  110  individual entering the information on the ticket.
  111         (c) The date and time of the transaction.
  112         (d) The weight, quantity, or volume, and a description of
  113  the type of regulated metals property purchased in a purchase
  114  transaction.
  115         (e) The amount of consideration given in a purchase
  116  transaction for the regulated metals property.
  117         (f) A signed statement from the person delivering the
  118  regulated metals property stating that she or he is the rightful
  119  owner of, or is entitled to sell, the regulated metals property
  120  being sold. If the purchase involves a stainless steel beer keg,
  121  the seller must provide written documentation from the
  122  manufacturer that the seller is the owner of the stainless steel
  123  beer keg or is an employee or agent of the manufacturer.
  124         (g) The distinctive number from the personal identification
  125  card of the person delivering the regulated metals property to
  126  the secondary metals recycler.
  127         (h) A description of the person from whom the goods were
  128  acquired, including:
  129         1. Full name, current residential address, workplace, and
  130  home and work phone numbers.
  131         2. Height, weight, date of birth, race, gender, hair color,
  132  eye color, and any other identifying marks.
  133         3. The right thumbprint, free of smudges and smears.
  134         4. Vehicle description to include the make, model, and tag
  135  number of the vehicle and trailer of the person selling the
  136  regulated metals property.
  137         5. Any other information required by the form approved by
  138  the Department of Law Enforcement.
  139         (i) A photograph, videotape, or digital image of the
  140  regulated metals being sold.
  141         (j) A photograph, videotape, or similar likeness of the
  142  person receiving consideration in which such person’s facial
  143  features are clearly visible.
  144         (3) Any secondary metals recycler may, with the approval of
  145  the appropriate law enforcement official, use that maintains an
  146  electronic database containing the information required in
  147  subsection (2) paragraph (2)(h), along with an oath of ownership
  148  with a signature of the seller of the secondary metals being
  149  purchased by the secondary metals recycler and a right
  150  thumbprint that has no smudges and smears on the oath of
  151  ownership for each purchase transaction, shall be exempt from
  152  the records requirement of paragraph (2)(h). A secondary metals
  153  recycler complies with the requirements of this section if it
  154  maintains an electronic database containing the information
  155  required by subsection (2) paragraph (2)(h) as long as the
  156  electronic information required by subsection (2) paragraph
  157  (2)(h), along with an electronic oath of ownership with an
  158  electronic signature of the seller of the secondary metals being
  159  purchased by the secondary metals recyclers and an electronic
  160  image of the seller’s right thumbprint that has no smudges and
  161  smears, can be downloaded onto a paper form in the image of the
  162  form approved by the Department of Law Enforcement as provided
  163  in subsection (2).
  164         (4) If an appropriate law enforcement official supplies the
  165  software and the secondary metals recycler has the computer
  166  ability, the recycler shall electronically transmit regulated
  167  metals transaction records required by this section. If a
  168  recycler does not have such ability, the appropriate law
  169  enforcement official may provide the recycler with a computer
  170  and necessary equipment to electronically transmit such records.
  171  The appropriate law enforcement official shall retain ownership
  172  of the computer, unless otherwise agreed upon, and the recycler
  173  shall maintain the computer in good working order, ordinary wear
  174  and tear excepted. A recycler who transmits such records
  175  electronically is not required to also provide the original or
  176  paper copies of the forms to the appropriate law enforcement
  177  official. However, such official may, for purposes of a criminal
  178  investigation, require the recycler to provide the original of a
  179  transaction form that has been electronically transferred within
  180  24 hours after receipt of the request.
  181         (5)(4) A secondary metals recycler shall maintain or cause
  182  to be maintained the information required by this section for
  183  not less than 5 years from the date of the purchase transaction.
  184         (6)(5) If a purchase transaction involves the transfer of
  185  regulated metals property from a secondary metals recycler
  186  registered with the department to another secondary metals
  187  recycler registered with the department, the secondary metals
  188  recycler receiving the regulated metals property shall record
  189  the name and address of the secondary metals recycler from which
  190  it received the regulated metals property in lieu of the
  191  requirements of paragraph (2)(h).
  192         Section 5. This act shall take effect July 1, 2011.