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) A No person may not shall engage 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