Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 540 Barcode 738224 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/23/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Thrasher) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 321 - 322 4 and insert: 5 regulated metals property listed in s. 538.26(5)(b) the sale of 6 which is restricted as provided in s. 538.26(5)(a). 7 8 Between lines 490 and 491 9 insert: 10 Section 7. Subsection (1) of section 538.25, Florida 11 Statutes, is amended to read: 12 538.25 Registration.— 13 (1) ANoperson may notshallengage in business as a 14 secondary metals recycler at any location without registering 15 with the department. The department shall accept applications 16 only from a fixed business address. The department may not 17 accept an application that provides an address of a hotel or 18 motel room, a vehicle, or a post office box. 19 (a) A fee equal to the federal and state costs for 20 processing required fingerprints must be submitted to the 21 department with each application for registration. One 22 application is required for each secondary metals recycler. If a 23 secondary metals recycler is the owner of more than one 24 secondary metals recycling location, the application must list 25 each location, and the department shall issue a duplicate 26 registration for each location. For purposes of subsections (3), 27 (4), and (5), these duplicate registrations shall be deemed 28 individual registrations. A secondary metals recycler shall pay 29 a fee of $6 per location at the time of registration and an 30 annual renewal fee of $6 per location on October 1 of each year. 31 All fees collected, less costs of administration, shall be 32 transferred into the Operating Trust Fund. 33 (b) The department shall forward the full set of 34 fingerprints to the Department of Law Enforcement for state and 35 federal processing, provided the federal service is available, 36 to be processed for any criminal justice information as defined 37 in s. 943.045. The cost of processing such fingerprints shall be 38 payable to the Department of Law Enforcement by the department. 39 The department may issue a temporary registration to each 40 location pending completion of the background check by state and 41 federal law enforcement agencies, but shall revoke such 42 temporary registration if the completed background check reveals 43 a prohibited criminal background. The Department of Law 44 Enforcement shall report its findings to the Department of 45 Revenue within 30 days after the date fingerprint cards are 46 submitted for criminal justice information. 47 (c) An applicant for a secondary metals recycler 48 registration must be a natural person who has reached the age of 49 18 years or a corporation organized or qualified to do business 50 in the state. 51 1. If the applicant is a natural person, the registration 52 must include a complete set of her or his fingerprints, 53 certified by an authorized law enforcement officer, and a recent 54 fullface photographic identification card of herself or himself. 55 2. If the applicant is a partnership, all the partners must 56 make application for registration. 57 3. If the applicant is a corporation, the registration must 58 include the name and address of such corporation’s registered 59 agent for service of process in the state and a certified copy 60 of statement from the Secretary of State that the corporation is 61 duly organized in the state or, if the corporation is organized 62 in a state other than Florida, a certified copy of the statement 63 that the corporation is duly qualified to do business in this 64 state. 65 66 Delete line 518 67 and insert: 68 (4) Purchase regulated metals property from a seller who: 69 (a) Uses a name other than his or her own name or the 70 registered name of the seller’s business; 71 (b) Is younger than 18 years of age; or 72 (c) Is under the influence of drugs or alcohol, if such 73 condition is visible or apparent. 74 (5)(a) Purchase any restricted regulated metals property 75 76 ================= T I T L E A M E N D M E N T ================ 77 And the title is amended as follows: 78 Between lines 32 and 33 79 insert: 80 538.25, F.S.; requiring the Department of Revenue to 81 accept applications from a fixed business address; 82 prohibiting the department from accepting an 83 application that provides an address from a hotel or 84 motel room, a vehicle, or a post office box; amending 85 s. 86 Delete line 36 87 and insert: 88 specified times or from certain locations; prohibiting 89 the purchase of regulated metal property from a seller 90 who uses a name other than his or her own name or the 91 registered name of the business, is younger than 18 92 years of age, or is under the influence of drugs or 93 alcohol, if such a condition is visible or apparent; 94 prohibiting