Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 540
       
       
       
       
       
       
                                Barcode 417984                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 09:50 AM       .                                
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       Senator Smith moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 538.03, Florida
    6  Statutes, is reordered and amended, paragraphs (m) through (q)
    7  of subsection (2) of that section are redesignated as paragraphs
    8  (l) through (p), respectively, and present paragraphs (k), (l),
    9  and (n) of that subsection are amended, to read:
   10         538.03 Definitions; applicability.—
   11         (1) As used in this part, the term:
   12         (g)(a) “Secondhand dealer” means any person, corporation,
   13  or other business organization or entity which is not a
   14  secondary metals recycler subject to part II and which is
   15  engaged in the business of purchasing, consigning, or trading
   16  secondhand goods.
   17         (f)(b) “Precious metals dealer” means a secondhand dealer
   18  who normally or regularly engages in the business of buying used
   19  precious metals for resale. The term does not include those
   20  persons involved in the bulk sale of precious metals from one
   21  secondhand or precious metals dealer to another.
   22         (i)(c) “Secondhand store” means the place or premises at
   23  which a secondhand dealer is registered to conduct business as a
   24  secondhand dealer or conducts business.
   25         (c)(d) “Consignment shop” means a shop engaging in the
   26  business of accepting for sale, on consignment, secondhand goods
   27  which, having once been used or transferred from the
   28  manufacturer to the dealer, are then received into the
   29  possession of a third party.
   30         (a)(e) “Acquire” means to obtain by purchase, consignment,
   31  or trade.
   32         (h)(f) “Secondhand goods” means personal property
   33  previously owned or used, which is not regulated metals property
   34  regulated under part II and which is purchased, consigned, or
   35  traded as used property. Such secondhand goods do not include
   36  office furniture, pianos, books, clothing, organs, coins, motor
   37  vehicles, costume jewelry, cardio and strength training or
   38  conditioning equipment designed primarily for indoor use, and
   39  secondhand sports equipment that is not permanently labeled with
   40  a serial number. For purposes of this paragraph, “secondhand
   41  sports equipment” does not include golf clubs.
   42         (j)(g) “Transaction” means any purchase, consignment, or
   43  trade of secondhand goods by a secondhand dealer.
   44         (e)(h) “Precious metals” means any item containing any
   45  gold, silver, or platinum, or any combination thereof, excluding
   46  any chemical or any automotive, photographic, electrical,
   47  medical, or dental materials or electronic parts.
   48         (d)(i) “Department” means the Department of Revenue.
   49         (b) “Appropriate law enforcement official” means the
   50  sheriff of the county in which a secondhand dealer is located
   51  or, if the secondhand dealer is located within a municipality,
   52  both the police chief of the municipality and the sheriff;
   53  however, the sheriff or police chief may designate as the
   54  appropriate law enforcement official for that county or
   55  municipality, as applicable, any law enforcement officer working
   56  within that respective county or municipality. This paragraph
   57  does not limit the authority or duties of the sheriff.
   58         (2) This chapter does not apply to:
   59         (k) Any auction business as defined in s. 468.382 operating
   60  as an auction business in the buying and selling of estates,
   61  business inventory, surplus merchandise, or business
   62  liquidations. Any person purchasing, consigning, or trading
   63  secondhand goods at a flea market regardless of whether at a
   64  temporary or permanent business location at the flea market.
   65         (l) Any auction business as defined in s. 468.382(1).
   66         (m)(n) A business that contracts with other persons or
   67  entities to offer its secondhand goods for sale, purchase,
   68  consignment, or trade via an Internet website, and that
   69  maintains a shop, store, or other business premises for this
   70  purpose, if all of the following apply:
   71         1. The secondhand goods must be available on the website
   72  for viewing by the public at no charge;
   73         2. The records of the sale, purchase, consignment, or trade
   74  must be maintained for at least 2 years;
   75         3. The records of the sale, purchase, consignment, or
   76  trade, and the description of the secondhand goods as listed on
   77  the website, must contain the serial number of each item, if
   78  any;
   79         4. The secondhand goods listed on the website must be
   80  searchable based upon the state or zip code;
   81         5. The business must provide the appropriate law
   82  enforcement official agency with the name or names under which
   83  it conducts business on the website;
   84         6. The business must allow the appropriate law enforcement
   85  official agency to inspect its business premises at any time
   86  during normal business hours;
   87         7. Any payment by the business resulting from such a sale,
   88  purchase, consignment, or trade must be made to the person or
   89  entity with whom the business contracted to offer the goods and
   90  must be made by check or via a money services business licensed
   91  under part II of chapter 560; and
   92         8.a. At least 48 hours after the estimated time of
   93  contracting to offer the secondhand goods, the business must
   94  verify that any item having a serial number is not stolen
   95  property by entering the serial number of the item into the
   96  Department of Law Enforcement’s stolen article database located
   97  at the Florida Crime Information Center’s public access system
   98  website. The business shall record the date and time of such
   99  verification on the contract covering the goods. If such
  100  verification reveals that an item is stolen property, the
  101  business shall immediately remove the item from any website on
  102  which it is being offered and notify the appropriate law
  103  enforcement official agency; or
  104         b. The business must provide the appropriate law
  105  enforcement official agency with an electronic copy of the name,
  106  address, phone number, driver driver’s license number, and
  107  issuing state of the person with whom the business contracted to
  108  offer the goods, as well as an accurate description of the
  109  goods, including make, model, serial number, and any other
  110  unique identifying marks, numbers, names, or letters that may be
  111  on an item, in a format agreed upon by the business and the
  112  appropriate law enforcement official agency. This information
  113  must be provided to the appropriate law enforcement official
  114  agency within 24 hours after entering into the contract unless
  115  other arrangements are made between the business and the law
  116  enforcement official agency.
  117         Section 2. Subsections (1), (6), and (7) of section 538.04,
  118  Florida Statutes, are amended to read:
  119         538.04 Recordkeeping requirements; penalties.—
  120         (1) A secondhand dealer dealers shall complete a secondhand
  121  dealers transaction form at the time of the actual transaction.
  122  A secondhand dealer shall maintain a copy of a completed
  123  transaction form on the registered premises for at least 1 year
  124  after the date of the transaction. However, the secondhand
  125  dealer shall maintain a copy of the transaction form for not
  126  less than 3 years. Unless other arrangements are have been
  127  agreed upon by the secondhand dealer and the appropriate law
  128  enforcement official agency, the secondhand dealer shall, within
  129  24 hours after acquiring the acquisition of any secondhand
  130  goods, deliver to such official the police department of the
  131  municipality where the goods were acquired or, if the goods were
  132  acquired outside of a municipality, to the sheriff’s department
  133  of the county where the goods were acquired, a record of the
  134  transaction on a form approved by the Department of Law
  135  Enforcement. Such record shall contain:
  136         (a) The time, date, and place of the transaction.
  137         (b) A complete and accurate description of the goods
  138  acquired, including the following information, if applicable:
  139         1. Brand name.
  140         2. Model number.
  141         3. Manufacturer’s serial number.
  142         4. Size.
  143         5. Color, as apparent to the untrained eye.
  144         6. Precious metal type, weight, and content if known.
  145         7. Gemstone description, including the number of stones, if
  146  applicable.
  147         8. In the case of firearms, the type of action, caliber or
  148  gauge, number of barrels, barrel length, and finish.
  149         9. Any other unique identifying marks, numbers, or letters.
  150         (c) A description of the person from whom the goods were
  151  acquired, including:
  152         1. Full name, current residential address, workplace, and
  153  home and work phone numbers.
  154         2. Height, weight, date of birth, race, gender, hair color,
  155  eye color, and any other identifying marks.
  156         3. The right thumbprint, free of smudges and smears, of the
  157  person from whom the goods were acquired.
  158         (d) Any other information required by the form approved by
  159  the Department of Law Enforcement.
  160         (6) If the appropriate law enforcement official agency
  161  supplies a secondhand dealer with appropriate software and the
  162  secondhand dealer has computer capability, the secondhand dealer
  163  must transactions shall be electronically transmit secondhand
  164  dealer transactions required by this section to such official
  165  transferred. If a secondhand dealer does not have computer
  166  capability, the appropriate law enforcement official agency may
  167  provide the secondhand dealer with a computer and all equipment
  168  necessary to equipment for the purpose of electronically
  169  transmit transferring secondhand dealer transactions. The
  170  appropriate law enforcement official agency shall retain
  171  ownership of the computer, unless otherwise agreed upon, and.
  172  the secondhand dealer shall maintain the computer in good
  173  working order, except for ordinary wear and tear excepted. A If
  174  the secondhand dealer who transmits transfers secondhand dealer
  175  transactions electronically, the secondhand dealer is not
  176  required to also deliver to the appropriate law enforcement
  177  agency the original or paper copies of the secondhand
  178  transaction forms to the appropriate law enforcement official.
  179  However, such official may, for purposes the purpose of a
  180  criminal investigation, the appropriate law enforcement agency
  181  may request that the secondhand dealer to deliver the produce an
  182  original of a transaction form that was has been electronically
  183  transmitted transferred. The secondhand dealer shall deliver the
  184  this form to the appropriate law enforcement official agency
  185  within 24 hours after receipt of the request.
  186         (7) If the original transaction form is lost or destroyed
  187  by the appropriate law enforcement official agency, a copy may
  188  be used by the secondhand dealer as evidence in court. When an
  189  electronic image of a customer’s identification is accepted for
  190  a transaction, the secondhand dealer must maintain the
  191  electronic image in order to meet the recordkeeping requirements
  192  applicable to the original transaction form. If a criminal
  193  investigation occurs, the secondhand dealer shall, upon request,
  194  provide a clear and legible copy of the image to the appropriate
  195  law enforcement official agency.
  196         Section 3. Section 538.18, Florida Statutes, is reordered
  197  and amended to read:
  198         538.18 Definitions.—As used in this part, the term:
  199         (3)(1) “Ferrous metals” means any metals containing
  200  significant quantities of iron or steel.
  201         (4)(2) “Fixed location” means any site occupied by a
  202  secondary metals recycler as owner of the site or as lessee of
  203  the site under a lease or other rental agreement providing for
  204  occupation of the site by the secondary metals recycler for a
  205  total duration of not less than 364 days.
  206         (5)(3) “Money” means a medium of exchange authorized or
  207  adopted by a domestic or foreign government as part of its
  208  currency.
  209         (6)(4) “Nonferrous metals” means metals not containing
  210  significant quantities of iron or steel, including, without
  211  limitation, copper, brass, aluminum, bronze, lead, zinc, nickel,
  212  and alloys thereof, excluding precious metals subject to
  213  regulation under part I.
  214         (7)(5) “Personal identification card” means a valid Florida
  215  driver license, a Florida identification card issued by the
  216  Department of Highway Safety and Motor Vehicles, an equivalent
  217  form of identification issued by another state, a passport, or
  218  an employment authorization issued by the United States Bureau
  219  of Citizenship and Immigration Services that contains an
  220  individual’s photograph and current address any government
  221  issued photographic identification card.
  222         (8)(6) “Purchase transaction” means a transaction in which
  223  a secondary metals recycler gives consideration for regulated
  224  metals property.
  225         (9)(7) “Regulated metals property” means any item composed
  226  primarily of any nonferrous metals, but shall not include
  227  aluminum beverage containers, used beverage containers, or
  228  similar beverage containers. The term shall include stainless
  229  steel beer kegs.
  230         (10)(8) “Secondary metals recycler” means any person who:
  231         (a) Is engaged, from a fixed location or otherwise, in the
  232  business of gathering or obtaining ferrous or nonferrous metals
  233  that have served their original economic purpose or is in the
  234  business of performing the manufacturing process by which
  235  ferrous metals or nonferrous metals are converted into raw
  236  material products consisting of prepared grades and having an
  237  existing or potential economic value; or
  238         (b) Has facilities for performing the manufacturing process
  239  by which ferrous metals or nonferrous metals are converted into
  240  raw material products consisting of prepared grades and having
  241  an existing or potential economic value, other than by the
  242  exclusive use of hand tools, by methods including, without
  243  limitation, processing, sorting, cutting, classifying, cleaning,
  244  baling, wrapping, shredding, shearing, or changing the physical
  245  form or chemical content thereof.
  246         (2)(9) “Department” means the Department of Revenue.
  247         (1) “Appropriate law enforcement official” means the
  248  sheriff of the county in which a secondary metals recycler is
  249  located or, if the secondary metals recycler is located within a
  250  municipality, the police chief of the municipality in which the
  251  secondary metals recycler is located; however, the sheriff or
  252  police chief may designate as the appropriate law enforcement
  253  official for the county or municipality, as applicable, any law
  254  enforcement officer working within that respective county or
  255  municipality. This subsection does not limit the authority or
  256  duties of the sheriff.
  257         (11) “Utility” means a public utility or electric utility
  258  as defined in s. 366.02 or a person, firm, corporation,
  259  association, or political subdivision, whether private,
  260  municipal, county, or cooperative, that is engaged in the sale,
  261  generation, provision, or delivery of gas, electricity, heat,
  262  water, oil, sewer service, or telephone, telegraph, radio,
  263  telecommunications, or communications service.
  264         Section 4. Paragraph (u) of subsection (1) of section
  265  319.30, Florida Statutes, is amended to read:
  266         319.30 Definitions; dismantling, destruction, change of
  267  identity of motor vehicle or mobile home; salvage.—
  268         (1) As used in this section, the term:
  269         (u) “Secondary metals recycler” means secondary metals
  270  recycler as defined in s. 538.18 538.18(8).
  271         Section 5. Section 538.19, Florida Statutes, is amended to
  272  read:
  273         538.19 Records required; limitation of liability.—
  274         (1) A secondary metals recycler shall maintain a legible
  275  paper record of all purchase transactions to which such
  276  secondary metals recycler is a party. A secondary metals
  277  recycler shall also maintain a legible electronic record, in the
  278  English language, of all such purchase transactions. The
  279  appropriate law enforcement official may provide data
  280  specifications regarding the electronic record format, but such
  281  format must be approved by the Department of Law Enforcement. An
  282  electronic record of a purchase transaction shall be
  283  electronically transmitted to the appropriate law enforcement
  284  official no later than 10 a.m. of the business day following the
  285  date of the purchase transaction. The record transmitted to the
  286  appropriate law enforcement official must not contain the price
  287  paid for the items. A secondary metals recycler who transmits
  288  such records electronically is not required to also deliver the
  289  original or paper copies of the transaction forms to the
  290  appropriate law enforcement official. However, such official
  291  may, for purposes of a criminal investigation, request the
  292  secondary metals recycler to make available the original
  293  transaction form that was electronically transmitted. This
  294  original transaction form must include the price paid for the
  295  items. The secondary metals recycler shall make the form
  296  available to the appropriate law enforcement official within 24
  297  hours after receipt of the request.
  298         (2) The following information must be maintained on the a
  299  form approved by the Department of Law Enforcement for each
  300  purchase transaction:
  301         (a) The name and address of the secondary metals recycler.
  302         (b) The name, initials, or other identification of the
  303  individual entering the information on the ticket.
  304         (c) The date and time of the transaction.
  305         (d) The weight, quantity, or volume, and a description of
  306  the type of regulated metals property purchased in a purchase
  307  transaction.
  308         (e) The amount of consideration given in a purchase
  309  transaction for the regulated metals property.
  310         (f) A signed statement from the person delivering the
  311  regulated metals property stating that she or he is the rightful
  312  owner of, or is entitled to sell, the regulated metals property
  313  being sold. If the purchase involves a stainless steel beer keg,
  314  the seller must provide written documentation from the
  315  manufacturer that the seller is the owner of the stainless steel
  316  beer keg or is an employee or agent of the manufacturer.
  317         (g) The distinctive number from the personal identification
  318  card of the person delivering the regulated metals property to
  319  the secondary metals recycler.
  320         (h) A description of the person from whom the regulated
  321  metals property was goods were acquired, including:
  322         1. Full name, current residential address, workplace, and
  323  home and work phone numbers.
  324         2. Height, weight, date of birth, race, gender, hair color,
  325  eye color, and any other identifying marks.
  326         3. The right thumbprint, free of smudges and smears.
  327         4. Vehicle description to include the make, model, and tag
  328  number of the vehicle and trailer of the person selling the
  329  regulated metals property.
  330         5. Any other information required by the form approved by
  331  the Department of Law Enforcement.
  332         (i) A photograph, videotape, or digital image of the
  333  regulated metals being sold.
  334         (j) A photograph, videotape, or similar likeness of the
  335  person receiving consideration in which such person’s facial
  336  features are clearly visible.
  337         (3) Any secondary metals recycler that maintains an
  338  electronic database containing the information required in
  339  paragraph (2)(h), along with an oath of ownership with a
  340  signature of the seller of the secondary metals being purchased
  341  by the secondary metals recycler and a right thumbprint that has
  342  no smudges and smears on the oath of ownership for each purchase
  343  transaction, shall be exempt from the records requirement of
  344  paragraph (2)(h). A secondary metals recycler complies with the
  345  requirements of this section if it maintains an electronic
  346  database containing the information required by subsection (2)
  347  paragraph (2)(h) as long as the electronic information required
  348  by subsection (2) paragraph (2)(h), along with an electronic
  349  oath of ownership with an electronic signature of the seller of
  350  the secondary metals being purchased by the secondary metals
  351  recyclers and an electronic image of the seller’s right
  352  thumbprint that has no smudges and smears, can be downloaded
  353  onto a paper form in the image of the form approved by the
  354  Department of Law Enforcement as provided in subsection (2).
  355         (4) A secondary metals recycler shall maintain or cause to
  356  be maintained the information required by this section for not
  357  less than 3 5 years from the date of the purchase transaction.
  358         (5) If a purchase transaction involves the transfer of
  359  regulated metals property from A secondary metals recycler
  360  registered with the department that purchases a motor vehicle
  361  from a licensed salvage motor vehicle dealer as defined in s.
  362  320.27 or to another secondary metals recycler registered with
  363  the department and uses a mechanical crusher to convert the
  364  vehicle to scrap metal must obtain a signed statement from the
  365  seller stating that the seller has surrendered the vehicle’s
  366  certificate of title to the Department of Highway Safety and
  367  Motor Vehicles as provided in s. 319.30 or otherwise complied
  368  with the titling requirements provided by law for conversion of
  369  the vehicle to scrap metal. A, the secondary metals recycler is
  370  not liable for the seller’s failure to comply with the titling
  371  requirements provided by law for conversion of a motor vehicle
  372  to scrap metal if the secondary metals recycler obtains and
  373  maintains the seller’s signed statement receiving the regulated
  374  metals property shall record the name and address of the
  375  secondary metals recycler from which it received the regulated
  376  metals property in lieu of the requirements of paragraph (2)(h).
  377         Section 6. Section 538.235, Florida Statutes, is amended to
  378  read:
  379         538.235 Method of payment.—
  380         (1) A secondary metals recycler may shall not enter into
  381  any cash transaction:
  382         (a) In excess of $1,000 in payment for the purchase of
  383  regulated metals property; or
  384         (b) In any amount for the purchase of restricted regulated
  385  metals property.
  386         (2) Payment in excess of $1,000 for the purchase of
  387  regulated metals property shall be made by check issued to the
  388  seller of the metal and payable to the seller.
  389         (3) Payment for the purchase of restricted regulated metals
  390  property shall be made by check issued to the seller of the
  391  metal and payable to the seller or by electronic payment to the
  392  seller’s bank account or the seller’s employer’s bank account.
  393         (a) Each check shall be mailed by the secondary metals
  394  recycler directly to the street address of the seller that is on
  395  file with the secondary metals recycler unless otherwise
  396  provided in this part. A check may not be mailed to a post
  397  office box. Electronic payments shall be transmitted to an
  398  account for which the seller is listed as an account holder or
  399  an employee or agent of the seller.
  400         (b) Each check or electronic payment shall be mailed or
  401  transmitted by the secondary metals recycler to the seller
  402  within 3 days after the purchase transaction unless otherwise
  403  provided in this section.
  404         (c) The secondary metals recycler may provide a check at
  405  the time of the purchase transaction, rather than mailing the
  406  check as required in paragraph (a), if the seller is:
  407         1. An organization, corporation, or association registered
  408  with the state as a charitable, philanthropic, religious,
  409  fraternal, civic, patriotic, social, or school-sponsored
  410  organization or association, or any nonprofit corporation or
  411  association;
  412         2. A law enforcement officer acting in an official
  413  capacity;
  414         3. A trustee in bankruptcy, executor, administrator, or
  415  receiver who has presented proof of such status to the secondary
  416  metals recycler;
  417         4. A public official acting under judicial process or
  418  authority who has presented proof of such status to the
  419  secondary metals recycler;
  420         5. A sheriff acting under the authority of a court’s writ
  421  of execution, or by virtue of any process issued by a court, if
  422  proof thereof has been presented to the secondary metals
  423  recycler; or
  424         6. A manufacturing, industrial, or other commercial vendor
  425  that generates regulated materials in the ordinary course of
  426  business.
  427         Section 7. Subsection (1) of section 538.25, Florida
  428  Statutes, is amended to read:
  429         538.25 Registration.—
  430         (1) A No person may not shall engage in business as a
  431  secondary metals recycler at any location without registering
  432  with the department. The department shall accept applications
  433  only from a fixed business address. The department may not
  434  accept an application that provides an address of a hotel room
  435  or motel room, a vehicle, or a post office box.
  436         (a) A fee equal to the federal and state costs for
  437  processing required fingerprints must be submitted to the
  438  department with each application for registration. One
  439  application is required for each secondary metals recycler. If a
  440  secondary metals recycler is the owner of more than one
  441  secondary metals recycling location, the application must list
  442  each location, and the department shall issue a duplicate
  443  registration for each location. For purposes of subsections (3),
  444  (4), and (5), these duplicate registrations shall be deemed
  445  individual registrations. A secondary metals recycler shall pay
  446  a fee of $6 per location at the time of registration and an
  447  annual renewal fee of $6 per location on October 1 of each year.
  448  All fees collected, less costs of administration, shall be
  449  transferred into the Operating Trust Fund.
  450         (b) The department shall forward the full set of
  451  fingerprints to the Department of Law Enforcement for state and
  452  federal processing, provided the federal service is available,
  453  to be processed for any criminal justice information as defined
  454  in s. 943.045. The cost of processing such fingerprints shall be
  455  payable to the Department of Law Enforcement by the department.
  456  The department may issue a temporary registration to each
  457  location pending completion of the background check by state and
  458  federal law enforcement agencies, but shall revoke such
  459  temporary registration if the completed background check reveals
  460  a prohibited criminal background. The Department of Law
  461  Enforcement shall report its findings to the Department of
  462  Revenue within 30 days after the date fingerprint cards are
  463  submitted for criminal justice information.
  464         (c) An applicant for a secondary metals recycler
  465  registration must be a natural person who has reached the age of
  466  18 years or a corporation organized or qualified to do business
  467  in the state.
  468         1. If the applicant is a natural person, the registration
  469  must include a complete set of her or his fingerprints,
  470  certified by an authorized law enforcement officer, and a recent
  471  fullface photographic identification card of herself or himself.
  472         2. If the applicant is a partnership, all the partners must
  473  make application for registration.
  474         3. If the applicant is a corporation, the registration must
  475  include the name and address of such corporation’s registered
  476  agent for service of process in the state and a certified copy
  477  of statement from the Secretary of State that the corporation is
  478  duly organized in the state or, if the corporation is organized
  479  in a state other than Florida, a certified copy of the statement
  480  that the corporation is duly qualified to do business in this
  481  state.
  482         Section 8. Section 538.26, Florida Statutes, is amended to
  483  read:
  484         538.26 Certain acts and practices prohibited.—It is
  485  unlawful for a secondary metals recycler to do or allow any of
  486  the following acts:
  487         (1) Purchase regulated metals property, restricted
  488  regulated metals property, or ferrous metals before 7 a.m. or
  489  after 7 p.m. between the hours of 9 p.m. and 6 a.m.
  490         (2) Fail to pay any sales tax owed to the department or
  491  fail to have a sales tax registration number.
  492         (3) Purchase regulated metals property at a location other
  493  than the place of business set forth on the registration.
  494         (2)(4) Purchase regulated metals property, restricted
  495  regulated metals property, or ferrous metals from any seller who
  496  presents such property for sale at the registered location of
  497  the secondary metals recycler when such property was not
  498  transported in a motor vehicle.
  499         (3)(5) Purchase regulated metals property, restricted
  500  regulated metals property, or ferrous metals in return for money
  501  from a trailer, a vehicle, or any location other than a fixed
  502  location or from any person who is required to prove ownership
  503  pursuant to subsection (4). However, regulated metals may be
  504  purchased from a nonfixed location, or from such person, with
  505  any negotiable or nonnegotiable instrument, including a check or
  506  draft or any other type of instrument purchased with money and
  507  sold for the purpose of making payments or transfers to others.
  508         (4) Purchase regulated metals property from a seller who:
  509         (a) Uses a name other than his or her own name or the
  510  registered name of the seller’s business;
  511         (b) Is younger than 18 years of age; or
  512         (c) Is visibly or apparently under the influence of drugs
  513  or alcohol.
  514         (5)(a) Purchase any restricted regulated metals property
  515  listed in paragraph (b) unless the secondary metals recycler
  516  obtains reasonable proof that the seller:
  517         1. Owns such property. Reasonable proof of ownership may
  518  include, but is not limited to, a receipt or bill of sale; or
  519         2. Is an employee, agent, or contractor of the property’s
  520  owner who is authorized to sell the property on behalf of the
  521  owner. Reasonable proof of authorization to sell the property
  522  includes, but is not limited to, a signed letter on the owner’s
  523  letterhead, dated no later than 90 days before the sale,
  524  authorizing the seller to sell the property.
  525         (b) The purchase of any of the following regulated metals
  526  property is subject to the restrictions provided in paragraph
  527  (a):
  528         1. A manhole cover.
  529         2. An electric light pole or other utility structure and
  530  its fixtures, wires, and hardware that are readily identifiable
  531  as connected to the utility structure.
  532         3. A guard rail.
  533         4. A street sign, traffic sign, or traffic signal and its
  534  fixtures and hardware.
  535         5. Communication, transmission, distribution, and service
  536  wire from a utility, including copper or aluminum bus bars,
  537  connectors, grounding plates, or grounding wire.
  538         6. A funeral marker or funeral vase.
  539         7. A historical marker.
  540         8. Railroad equipment, including, but not limited to, a tie
  541  plate, signal house, control box, switch plate, E clip, or rail
  542  tie junction.
  543         9. Any metal item that is observably marked upon reasonable
  544  inspection with any form of the name, initials, or logo of a
  545  governmental entity, utility company, cemetery, or railroad.
  546         10. A copper, aluminum, or aluminum-copper condensing or
  547  evaporator coil, including its tubing or rods, from an air
  548  conditioning or heating unit, excluding coils from window air
  549  conditioning or heating units and motor vehicle air-conditioning
  550  or heating units.
  551         11. An aluminum or stainless steel container or bottle
  552  designed to hold propane for fueling forklifts.
  553         12. A stainless steel beer keg.
  554         13. A catalytic converter or any nonferrous part of a
  555  catalytic converter unless purchased as part of a motor vehicle.
  556         14. Metallic wire that has been burned in whole or in part
  557  to remove insulation.
  558         15. A brass or bronze commercial valve or fitting, referred
  559  to as a “fire department connection and control valve” or an
  560  “FDC valve,” that is commonly used on structures for access to
  561  water for the purpose of extinguishing fires.
  562         16. A brass or bronze commercial potable water backflow
  563  preventer valve that is commonly used to prevent backflow of
  564  potable water from commercial structures into municipal domestic
  565  water service systems.
  566         17. A shopping cart.
  567         18. A brass water meter.
  568         19. A storm grate.
  569         20. A brass sprinkler head used in commercial agriculture.
  570         Section 9. Section 538.28, Florida Statutes, is created to
  571  read:
  572         538.28 Local government regulation.—
  573         (1) The regulation of purchase transactions involving
  574  regulated metals property is preempted to the state. Except as
  575  provided in subsection (2), an ordinance or regulation adopted
  576  by a county or municipality relating to the purchase or sale of
  577  regulated metals property or the registration or licensure of
  578  secondary metals recyclers is void.
  579         (2) This part does not preempt an ordinance or regulation
  580  originally enacted by a county or municipality before March 1,
  581  2012. Such ordinance or regulation may subsequently be amended
  582  to incorporate any provision of this part.
  583         (3) This section does not apply to a county as defined in
  584  s. 125.011(1) until July 1, 2013.
  585         Section 10. Subsection (1) of section 538.23, Florida
  586  Statutes, is amended to read:
  587         538.23 Violations and penalties.—
  588         (1)(a) Except as provided in paragraph (b), a secondary
  589  metals recycler who knowingly and intentionally:
  590         1. Violates s. 538.20 or s. 538.21;
  591         2. Engages in a pattern of failing to keep records required
  592  by s. 538.19;
  593         3. Violates s. 538.26(4); or
  594         4. Violates s. 538.235,
  595  
  596  commits a felony of the third misdemeanor of the first degree,
  597  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  598         (b) A secondary metals recycler who commits a third or
  599  subsequent violation of paragraph (a) commits a felony of the
  600  first third degree, punishable as provided in s. 775.082, s.
  601  775.083, or s. 775.084.
  602         Section 11. Section 812.145, Florida Statutes, is amended
  603  to read:
  604         812.145 Theft of copper or other nonferrous metals.—
  605         (1) As used in this section, the term terms:
  606         (a) “Communications services” means the transmission,
  607  conveyance, or routing of voice, data, audio, video, or any
  608  other information or signals, including cable services, to a
  609  point, or between or among points, by or through any electronic,
  610  radio, satellite, cable, optical, microwave, or other medium or
  611  method now in existence or hereafter devised, regardless of the
  612  protocol used for such transmission or conveyance. The term
  613  includes such transmission, conveyance, or routing in which
  614  computer processing applications are used to act on the form,
  615  code, or protocol of the content for purposes of transmission,
  616  conveyance, or routing without regard to whether such service is
  617  referred to as voice-over-Internet-protocol services or is
  618  classified by the Federal Communications Commission as enhanced
  619  or value-added.
  620         (b) “Communications services provider” includes any person,
  621  firm, corporation, or political subdivision, whether private,
  622  municipal, county, or cooperative, which is engaged in the sale,
  623  generation, provision, or delivery of communications services.
  624         (c) “Copper or other nonferrous metals” means metals not
  625  containing significant quantities of iron or steel, including,
  626  without limitation, copper, copper alloy, copper utility or
  627  communications service wire, brass, aluminum, bronze, lead,
  628  zinc, nickel, and alloys thereof.
  629         (d) “Electrical substation” means a facility that takes
  630  electricity from the transmission grid and converts it to a
  631  lower voltage so it can be distributed to customers in the local
  632  area on the local distribution grid through one or more
  633  distribution lines less than 69 kilovolts in size.
  634         (e)(d) “Utility” means a public utility or electric utility
  635  as defined in s. 366.02, or a person, firm, corporation,
  636  association, or political subdivision, whether private,
  637  municipal, county, or cooperative, which is engaged in the sale,
  638  generation, provision, or delivery of gas, electricity, heat,
  639  water, oil, sewer service, or telephone, telegraph, radio,
  640  telecommunications, or communications service. The term includes
  641  any person, firm, corporation, association, or political
  642  subdivision, whether private, municipal, county, or cooperative,
  643  which is engaged in the sale, generation, provision, or delivery
  644  of gas or electricity services.
  645         (f)(e) “Utility service” means electricity for light, heat,
  646  or power and natural or manufactured gas for light, heat, or
  647  power, including the transportation, delivery, transmission, and
  648  distribution of electricity or natural or manufactured gas.
  649         (2) A person who knowingly and intentionally takes copper
  650  or other nonferrous metals from a utility or communications
  651  services provider, thereby causing damage to the facilities of a
  652  utility or communications services provider, interrupting or
  653  interfering with utility service or communications services, or
  654  interfering with the ability of a utility or communications
  655  services provider to provide service, commits a felony of the
  656  first degree, punishable as provided in s. 775.082, s. 775.083,
  657  or s. 775.084.
  658         (3) A person who is found in a civil action to have
  659  illegally taken copper or other nonferrous metals from a utility
  660  or communications services provider based on a conviction for a
  661  violation of subsection (2) is liable to the utility or
  662  communications services provider for damages in an amount equal
  663  to three times the actual damages sustained by the utility or
  664  communications services provider due to any personal injury,
  665  wrongful death, or property damage caused by the illegal taking
  666  of the nonferrous metals or an amount equal to three times any
  667  claim made against the utility or communications services
  668  provider for any personal injury, wrongful death, or property
  669  damage caused by the malfunction of the facilities of the
  670  utility or communications services provider resulting from the
  671  violation of subsection (2), whichever is greater.
  672         (4) A person who knowingly and intentionally removes copper
  673  or other nonferrous metals from an electrical substation without
  674  authorization of the utility commits a felony of the first
  675  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  676  775.084.
  677         Section 12. (1) A public or private owner of metal property
  678  is not civilly liable to a person who is injured during the
  679  theft or attempted theft of metal property.
  680         (2) A public or private owner of metal property is not
  681  civilly liable to a person for injuries caused by a dangerous
  682  condition created as a result of the theft or attempted theft of
  683  the owner’s metal property when the owner did not know, and
  684  could not have reasonably known, of the dangerous condition.
  685         (3) This section does not create or impose a duty of care
  686  upon an owner of metal property which would not otherwise exist
  687  under common law.
  688         Section 13. This act shall take effect July 1, 2012.
  689  
  690  ================= T I T L E  A M E N D M E N T ================
  691         And the title is amended as follows:
  692         Delete everything before the enacting clause
  693  and insert:
  694                        A bill to be entitled                      
  695         An act relating to transactions by secondhand dealers
  696         and secondary metals recyclers; amending s. 538.03,
  697         F.S.; reordering paragraphs and defining the term
  698         “appropriate law enforcement official”; deleting
  699         exemptions from regulation as a secondhand dealer
  700         which relate to flea market transactions and auction
  701         businesses; conforming terminology; amending s.
  702         538.04, F.S., relating to recordkeeping requirements;
  703         conforming terminology and clarifying provisions;
  704         amending s. 538.18, F.S.; revising, reordering, and
  705         providing definitions; amending s. 319.30, F.S.;
  706         conforming a cross-reference; amending s. 538.19,
  707         F.S.; revising requirements for the types of
  708         information that secondary metals recyclers must
  709         obtain and maintain regarding purchase transactions,
  710         including requirements for the maintenance and
  711         transmission of electronic records of such
  712         transactions; revising the period required for
  713         secondary metals recyclers to maintain certain
  714         information regarding purchase transactions involving
  715         regulated metals property; limiting the liability of
  716         secondary metals recyclers for the conversion of motor
  717         vehicles to scrap metal under certain circumstances;
  718         amending s. 538.235, F.S.; revising requirements for
  719         payments made by secondary metals recyclers to sellers
  720         of regulated metals property, to prohibit certain cash
  721         transactions; providing penalties; providing methods
  722         of payment for restricted regulated metals property;
  723         requiring that purchases of certain property be made
  724         by check or by electronic payment; providing
  725         procedures; amending s. 538.25, F.S.; requiring an
  726         application for registration as a secondary metals
  727         recycler to contain the address of a fixed business
  728         location; amending s. 538.26, F.S.; prohibiting
  729         secondary metals recyclers from purchasing regulated
  730         metals property, restricted regulated metals property,
  731         or ferrous metals during specified times, from certain
  732         locations, or from certain sellers; prohibiting the
  733         purchase of specified restricted regulated metals
  734         property without obtaining certain proof of the
  735         seller’s ownership and authorization to sell the
  736         property; providing penalties; creating s. 538.28,
  737         F.S.; preempting to the state the regulation of
  738         secondary metals recyclers and purchase transactions
  739         involving regulated metals property; providing
  740         exceptions; providing for applicability; amending s.
  741         538.23, F.S.; increasing the criminal penalties for
  742         specified violations relating to secondary metals
  743         recycling; providing increased criminal penalties for
  744         third and subsequent criminal violations; amending s.
  745         812.145, F.S., relating to theft of copper or other
  746         nonferrous metals from a utility or communications
  747         services provider; revising and providing definitions;
  748         providing civil liability and penalties; prohibiting
  749         removing copper or other nonferrous metals from an
  750         electrical substation site without authorization of
  751         the utility; providing criminal penalties; providing
  752         an effective date.