Florida Senate - 2014                                    SB 1182
       By Senator Brandes
       22-00297A-14                                          20141182__
    1                        A bill to be entitled                      
    2         An act relating to secondary metals recyclers;
    3         providing for a type two transfer of the regulation of
    4         secondary metals recyclers from the Department of
    5         Revenue to the Department of Agriculture and Consumer
    6         Services; amending s. 213.05, F.S.; repealing
    7         provision that requires that the Department of Revenue
    8         regulate the registration of secondary metals
    9         recyclers; amending s. 213.053, F.S.; authorizing the
   10         Department of Revenue to share specified information
   11         with the Department of Agriculture and Consumer
   12         Services; conforming provisions to changes made by the
   13         act; amending s. 319.30, F.S.; redefining the term
   14         “certificate of registration number”; amending s.
   15         538.18, F.S.; redefining terms; amending s. 538.19,
   16         F.S.; requiring the Department of Agriculture and
   17         Consumer Services, rather than the Department of Law
   18         Enforcement, to approve the form of certain records
   19         maintained by secondary metals recyclers; amending s.
   20         538.20, F.S.; authorizing investigators of the
   21         Department of Agriculture and Consumer Services to
   22         inspect regulated metals property and records of
   23         secondary metals recyclers; amending s. 538.21, F.S.;
   24         clarifying a provision of law; amending s. 538.23,
   25         F.S.; providing criminal penalties for specified
   26         prohibited acts and practices; amending s. 538.25,
   27         F.S.; revising required application information for a
   28         secondary metals recycler registration; requiring that
   29         a secondary metals recycler maintain certain insurance
   30         coverage throughout the registration period;
   31         increasing registration and renewal fees; requiring
   32         that fees be deposited into the General Inspection
   33         Trust Fund, rather than the Operating Trust Fund;
   34         requiring a secondary metals recycler to allow
   35         personnel of the Department of Agriculture and
   36         Consumer Services to inspect a registration at the
   37         listed place of business; providing remedies to the
   38         Department of Agriculture and Consumer Services if a
   39         secondary metals recycler fails to allow such
   40         inspection; repealing certain civil fines; revising
   41         criteria to deny or revoke a registration as a
   42         secondary metals recycler; providing for immediate
   43         suspension of an application for registration or a
   44         registration if the applicant or registrant, or an
   45         owner, officer, director, or trustee of an applicant
   46         or registrant is convicted of certain felonies;
   47         conforming provisions to changes made by the act;
   48         amending s. 538.26, F.S.; prohibiting a secondary
   49         metals recycler from purchasing or allowing any person
   50         to purchase certain metals on a Sunday; revising the
   51         list of regulated metals subject to certain purchase
   52         restrictions; creating s. 538.27, F.S.; providing
   53         administrative penalties; specifying administrative
   54         procedures; providing for the collection of
   55         administrative fines; creating s. 538.29, F.S.;
   56         authorizing the Department of Agriculture and Consumer
   57         Services to adopt certain rules and forms; providing
   58         an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. All powers; duties; functions; records;
   63  personnel; property; pending issues and existing contracts;
   64  administrative authority; administrative rules; and unexpended
   65  balances of appropriations, allocations, and other funds for the
   66  regulation of secondary metal recyclers are transferred by a
   67  type two transfer, as defined in s. 20.06(2), Florida Statutes,
   68  from the Department of Revenue to the Department of Agriculture
   69  and Consumer Services.
   70         Section 2. Section 213.05, Florida Statutes, is amended to
   71  read:
   72         213.05 Department of Revenue; control and administration of
   73  revenue laws.—The Department of Revenue shall have only those
   74  responsibilities for ad valorem taxation specified to the
   75  department in chapter 192, taxation, general provisions; chapter
   76  193, assessments; chapter 194, administrative and judicial
   77  review of property taxes; chapter 195, property assessment
   78  administration and finance; chapter 196, exemption; chapter 197,
   79  tax collections, sales, and liens; chapter 199, intangible
   80  personal property taxes; and chapter 200, determination of
   81  millage. The Department of Revenue shall have the responsibility
   82  of regulating, controlling, and administering all revenue laws
   83  and performing all duties as provided in s. 125.0104, the Local
   84  Option Tourist Development Act; s. 125.0108, tourist impact tax;
   85  chapter 198, estate taxes; chapter 201, excise tax on documents;
   86  chapter 202, communications services tax; chapter 203, gross
   87  receipts taxes; chapter 206, motor and other fuel taxes; chapter
   88  211, tax on production of oil and gas and severance of solid
   89  minerals; chapter 212, tax on sales, use, and other
   90  transactions; chapter 220, income tax code; ss. 336.021 and
   91  336.025, taxes on motor fuel and special fuel; s. 376.11,
   92  pollutant spill prevention and control; s. 403.718, waste tire
   93  fees; s. 403.7185, lead-acid battery fees; s. 538.09,
   94  registration of secondhand dealers; s. 538.25, registration of
   95  secondary metals recyclers; s. 624.4621, group self-insurer’s
   96  fund premium tax; s. 624.5091, retaliatory tax; s. 624.475,
   97  commercial self-insurance fund premium tax; ss. 624.509-624.511,
   98  insurance code: administration and general provisions; s.
   99  624.515, State Fire Marshal regulatory assessment; s. 627.357,
  100  medical malpractice self-insurance premium tax; s. 629.5011,
  101  reciprocal insurers premium tax; and s. 681.117, motor vehicle
  102  warranty enforcement.
  103         Section 3. Subsection (1), paragraph (p) of subsection (8),
  104  and subsection (11) of section 213.053, Florida Statutes, are
  105  amended to read:
  106         213.053 Confidentiality and information sharing.—
  107         (1) This section applies to:
  108         (a) Section 125.0104, county government;
  109         (b) Section 125.0108, tourist impact tax;
  110         (c) Chapter 175, municipal firefighters’ pension trust
  111  funds;
  112         (d) Chapter 185, municipal police officers’ retirement
  113  trust funds;
  114         (e) Chapter 198, estate taxes;
  115         (f) Chapter 199, intangible personal property taxes;
  116         (g) Chapter 201, excise tax on documents;
  117         (h) Chapter 202, the Communications Services Tax
  118  Simplification Law;
  119         (i) Chapter 203, gross receipts taxes;
  120         (j) Chapter 211, tax on severance and production of
  121  minerals;
  122         (k) Chapter 212, tax on sales, use, and other transactions;
  123         (l) Chapter 220, income tax code;
  124         (m) Section 252.372, emergency management, preparedness,
  125  and assistance surcharge;
  126         (n) Section 379.362(3), Apalachicola Bay oyster surcharge;
  127         (o) Chapter 376, pollutant spill prevention and control;
  128         (p) Section 403.718, waste tire fees;
  129         (q) Section 403.7185, lead-acid battery fees;
  130         (r) Section 538.09, registration of secondhand dealers;
  131         (s) Section 538.25, registration of secondary metals
  132  recyclers;
  133         (s)(t) Sections 624.501 and 624.509-624.515, insurance
  134  code;
  135         (t)(u) Section 681.117, motor vehicle warranty enforcement;
  136  and
  137         (u)(v) Section 896.102, reports of financial transactions
  138  in trade or business.
  139         (8) Notwithstanding any other provision of this section,
  140  the department may provide:
  141         (p) Names, addresses, and sales tax registration
  142  information, and information relative to chapter 212 for
  143  purposes of enforcing s.538.235(3), to the Division of Consumer
  144  Services of the Department of Agriculture and Consumer Services
  145  in the conduct of its official duties.
  147  Disclosure of information under this subsection shall be
  148  pursuant to a written agreement between the executive director
  149  and the agency. Such agencies, governmental or nongovernmental,
  150  shall be bound by the same requirements of confidentiality as
  151  the Department of Revenue. Breach of confidentiality is a
  152  misdemeanor of the first degree, punishable as provided by s.
  153  775.082 or s. 775.083.
  154         (11) Notwithstanding any other provision of this section,
  155  with respect to a request for verification of a certificate of
  156  registration issued pursuant to s. 212.18 to a specified dealer
  157  or taxpayer or with respect to a request by a law enforcement
  158  officer for verification of a certificate of registration issued
  159  pursuant to s. 538.09 to a specified secondhand dealer or
  160  pursuant to s. 538.25 to a specified secondary metals recycler,
  161  the department may disclose whether the specified person holds a
  162  valid certificate or whether a specified certificate number is
  163  valid or whether a specified certificate number has been
  164  canceled or is inactive or invalid and the name of the holder of
  165  the certificate. This subsection does shall not be construed to
  166  create a duty to request verification of any certificate of
  167  registration.
  168         Section 4. Paragraph (b) of subsection (1) of section
  169  319.30, Florida Statutes, is amended to read:
  170         319.30 Definitions; dismantling, destruction, change of
  171  identity of motor vehicle or mobile home; salvage.—
  172         (1) As used in this section, the term:
  173         (b) “Certificate of registration number” means the
  174  certificate of registration number issued by the Department of
  175  Agriculture and Consumer Services Revenue of the State of
  176  Florida pursuant to s. 538.25.
  177         Section 5. Subsections (2) and (7) of section 538.18,
  178  Florida Statutes, are amended to read:
  179         538.18 Definitions.—As used in this part, the term:
  180         (2) “Department” means the Department of Agriculture and
  181  Consumer Services Revenue.
  182         (7) “Personal identification card” means one of the
  183  following forms of identification, which must be valid and
  184  contain the individual’s photograph and current address:
  185         (a) A valid Florida driver license.
  186         (b), A Florida identification card issued by the
  187  Department of Highway Safety and Motor Vehicles.
  188         (c)A, an equivalent form of identification equivalent to
  189  paragraph (a) or paragraph (b) issued by another state.
  190         (d), A passport.
  191         (e), or An employment authorization issued by the United
  192  States Bureau of Citizenship and Immigration Services that
  193  contains an individual’s photograph and current address.
  194         Section 6. Subsections (1) through (3) of section 538.19,
  195  Florida Statutes, are amended to read:
  196         538.19 Records required; limitation of liability.—
  197         (1) A secondary metals recycler shall maintain a legible
  198  paper record of all purchase transactions to which such
  199  secondary metals recycler is a party. A secondary metals
  200  recycler shall also maintain a legible electronic record, in the
  201  English language, of all such purchase transactions. The
  202  appropriate law enforcement official may provide data
  203  specifications regarding the electronic record format, but such
  204  format must be approved by the department of Law Enforcement. An
  205  electronic record of a purchase transaction shall be
  206  electronically transmitted to the appropriate law enforcement
  207  official no later than 10 a.m. of the business day following the
  208  date of the purchase transaction. The record transmitted to the
  209  appropriate law enforcement official must not contain the price
  210  paid for the items. A secondary metals recycler who transmits
  211  such records electronically is not required to also deliver the
  212  original or paper copies of the transaction forms to the
  213  appropriate law enforcement official. However, such official
  214  may, for purposes of a criminal investigation, request the
  215  secondary metals recycler to make available the original
  216  transaction form that was electronically transmitted. This
  217  original transaction form must include the price paid for the
  218  items. The secondary metals recycler shall make the form
  219  available to the appropriate law enforcement official within 24
  220  hours after receipt of the request.
  221         (2) The following information must be maintained on the
  222  form approved by the department of Law Enforcement for each
  223  purchase transaction:
  224         (a) The name and address of the secondary metals recycler.
  225         (b) The name, initials, or other identification of the
  226  individual entering the information on the ticket.
  227         (c) The date and time of the transaction.
  228         (d) The weight, quantity, or volume, and a description of
  229  the type of regulated metals property purchased in a purchase
  230  transaction.
  231         (e) The amount of consideration given in a purchase
  232  transaction for the regulated metals property.
  233         (f) A signed statement from the person delivering the
  234  regulated metals property stating that she or he is the rightful
  235  owner of, or is entitled to sell, the regulated metals property
  236  being sold. If the purchase involves a stainless steel beer keg,
  237  the seller must provide written documentation from the
  238  manufacturer that the seller is the owner of the stainless steel
  239  beer keg or is an employee or agent of the manufacturer.
  240         (g) The distinctive number from the personal identification
  241  card of the person delivering the regulated metals property to
  242  the secondary metals recycler.
  243         (h) A description of the person from whom the regulated
  244  metals property was acquired, including:
  245         1. Full name, current residential address, workplace, and
  246  home and work phone numbers.
  247         2. Height, weight, date of birth, race, gender, hair color,
  248  eye color, and any other identifying marks.
  249         3. The right thumbprint, free of smudges and smears.
  250         4. Vehicle description to include the make, model, and tag
  251  number of the vehicle and trailer of the person selling the
  252  regulated metals property.
  253         5. Any other information required by the form approved by
  254  the department of Law Enforcement.
  255         (i) A photograph, videotape, or digital image of the
  256  regulated metals being sold.
  257         (j) A photograph, videotape, or similar likeness of the
  258  person receiving consideration in which such person’s facial
  259  features are clearly visible.
  260         (3) A secondary metals recycler complies with the
  261  requirements of this section if it maintains an electronic
  262  database containing the information required by subsection (2)
  263  as long as the electronic information required by subsection
  264  (2), along with an electronic oath of ownership with an
  265  electronic signature of the seller of the secondary metals being
  266  purchased by the secondary metals recyclers and an electronic
  267  image of the seller’s right thumbprint that has no smudges and
  268  smears, can be downloaded onto a paper form in the image of the
  269  form approved by the department of Law Enforcement as provided
  270  in subsection (2).
  271         Section 7. Section 538.20, Florida Statutes, is amended to
  272  read:
  273         538.20 Inspection of regulated metals property and
  274  records.—During the usual and customary business hours of a
  275  secondary metals recycler, a law enforcement officer or a
  276  nonsworn, trained regulatory investigator of the department
  277  shall, after properly identifying herself or himself as a law
  278  enforcement officer, have the right to inspect:
  279         (1) Any and all purchased regulated metals property in the
  280  possession of the secondary metals recycler, and
  281         (2) Any and all records required to be maintained under s.
  282  538.19.
  283         Section 8. Subsection (3) of section 538.21, Florida
  284  Statutes, is amended to read:
  285         538.21 Hold notice.—
  286         (3) A secondary metals recycler may not dispose of property
  287  at any location until a holding period has expired. At the
  288  expiration of the hold period or, if extended in accordance with
  289  this section, at the expiration of the extended hold period, the
  290  hold is automatically released and the secondary metals recycler
  291  may dispose of the regulated metals property unless other
  292  disposition has been ordered by a court of competent
  293  jurisdiction.
  294         Section 9. Subsections (1) and (3) of section 538.23,
  295  Florida Statutes, are amended to read:
  296         538.23 Violations and penalties.—
  297         (1)(a) Except as provided in paragraph (b), a secondary
  298  metals recycler who knowingly and intentionally:
  299         1. Violates s. 538.20, or s. 538.21, s. 538.235, or s.
  300  538.26; or
  301         2. Engages in a pattern of failing to keep records required
  302  under by s. 538.19;
  303         3. Violates s. 538.26(2); or
  304         4. Violates s. 538.235,
  306  commits a felony of the third degree, punishable as provided in
  307  s. 775.082, s. 775.083, or s. 775.084.
  308         (b) A secondary metals recycler who commits a third or
  309  subsequent violation of paragraph (a) commits a felony of the
  310  second degree, punishable as provided in s. 775.082, s. 775.083,
  311  or s. 775.084.
  312         (3) A Any person who knowingly provides false information,
  313  gives false verification of ownership, or who gives a false or
  314  altered identification and who receives money or other
  315  consideration from a secondary metals recycler in return for
  316  regulated metals property commits:
  317         (a) A felony of the third degree, punishable as provided in
  318  s. 775.082, s. 775.083, or s. 775.084, if the value of the money
  319  or other consideration received is less than $300.
  320         (b) A felony of the second degree, punishable as provided
  321  in s. 775.082, s. 775.083, or s. 775.084, if the value of the
  322  money or other consideration received is $300 or more or is for
  323  restricted regulated metals.
  324         Section 10. Section 538.25, Florida Statutes, is amended to
  325  read:
  326         538.25 Registration.—
  327         (1) A person may not engage in business as a secondary
  328  metals recycler at any location without registering with the
  329  department. To register as a secondary metals recycler, an
  330  application must be submitted to the department on a department
  331  prescribed form. One application is required for each secondary
  332  metals recycler. An applicant must be a natural person who is at
  333  least 18 years of age or a corporation that is organized or
  334  qualified to do business in this state. If the applicant is a
  335  partnership, each partner must separately apply for
  336  registration.
  337         (a)The application must include all the following
  338  information:
  339         1. The full name and address of the applicant. If the
  340  applicant is not a natural person, the applicant shall provide
  341  the full name and address of each direct and beneficial owner of
  342  at least 10 percent equity interest in the applicant. If the
  343  applicant is a corporation, the applicant must also state the
  344  full name and address of each officer and director. The
  345  department shall accept applications only from a fixed business
  346  address. The department may not accept an application that
  347  provides an address of a hotel room or motel room, a vehicle, or
  348  a post office box.
  349         2. The address of each location where the applicant will
  350  engage in business as a secondary metals recycler. The
  351  department shall issue a duplicate registration for each
  352  location. For purposes of subsections (3) and (4) and s. 538.27,
  353  duplicate registrations are individual registrations.
  354         3. If the applicant is a natural person, a complete set of
  355  his or her fingerprints, certified by an authorized law
  356  enforcement officer, and a copy of a valid fullface photographic
  357  identification card.
  358         4. If the applicant is a corporation, the name and address
  359  of the corporation’s registered agent for service of process in
  360  the state; and a certified copy of a statement from the
  361  Secretary of State declaring that the corporation is duly
  362  organized in this state or, if the corporation is organized in
  363  another state, declaring that the corporation is duly qualified
  364  to do business in this state.
  365         5. Evidence of general liability insurance and workers’
  366  compensation insurance coverage. Each secondary metals recycler
  367  must maintain general liability insurance and workers’
  368  compensation insurance throughout the registration period.
  369  Failure to maintain general liability insurance and workers’
  370  compensation insurance during the registration period
  371  constitutes an immediate threat to the public health, safety,
  372  and welfare, and the department may suspend or deny the
  373  registration of a secondary metals recycler without such
  374  insurance coverage.
  375         6. Any additional information requested by the department.
  376         (b)(a)An applicant shall remit a registration fee of $350
  377  for each of the applicant’s business locations with each
  378  application for registration and, if applicable, a fee equal to
  379  the federal and state costs for processing required fingerprints
  380  must be submitted to the department with each application for
  381  registration. One application is required for each secondary
  382  metals recycler. If a secondary metals recycler is the owner of
  383  more than one secondary metals recycling location, the
  384  application must list each location, and the department shall
  385  issue a duplicate registration for each location. For purposes
  386  of subsections (3), (4), and (5), these duplicate registrations
  387  shall be deemed individual registrations. A secondary metals
  388  recycler shall pay a fee of $6 per location at the time of
  389  registration and an annual renewal fee of $350 $6 per location
  390  on October 1 of each year. All fees collected, less costs of
  391  administration, shall be transferred into the General Inspection
  392  Operating Trust Fund.
  393         (c)(b)Where applicable, the department shall forward the
  394  full set of fingerprints to the Department of Law Enforcement
  395  for state and federal processing, provided the federal service
  396  is available, to be processed for any criminal justice
  397  information as defined in s. 943.045. The cost of processing
  398  such fingerprints shall be payable to the Department of Law
  399  Enforcement by the department. The department may issue a
  400  temporary registration to each location pending completion of
  401  the background check by state and federal law enforcement
  402  agencies but shall revoke such temporary registration if the
  403  completed background check reveals a prohibited criminal
  404  background. The Department of Law Enforcement shall report its
  405  findings to the department of Revenue within 30 days after the
  406  date the fingerprints are submitted for criminal justice
  407  information.
  408         (c) An applicant for a secondary metals recycler
  409  registration must be a natural person who has reached the age of
  410  18 years or a corporation organized or qualified to do business
  411  in the state.
  412         1. If the applicant is a natural person, the registration
  413  must include a complete set of her or his fingerprints,
  414  certified by an authorized law enforcement officer, and a recent
  415  fullface photographic identification card of herself or himself.
  416         2. If the applicant is a partnership, all the partners must
  417  make application for registration.
  418         3. If the applicant is a corporation, the registration must
  419  include the name and address of such corporation’s registered
  420  agent for service of process in the state and a certified copy
  421  of statement from the Secretary of State that the corporation is
  422  duly organized in the state or, if the corporation is organized
  423  in a state other than Florida, a certified copy of the statement
  424  that the corporation is duly qualified to do business in this
  425  state.
  426         (2) A secondary metals recycler’s registration shall be
  427  conspicuously displayed at the place of business set forth on
  428  the registration. A secondary metals recycler must allow
  429  department personnel to enter the place of business to ascertain
  430  whether a registration is current. If department personnel are
  431  refused entry or access for such purpose, the department may
  432  seek an inspection warrant pursuant to ss. 933.20-933.30 to
  433  obtain compliance with this subsection A secondary metals
  434  recycler shall not dispose of property at any location until any
  435  holding period has expired.
  436         (3) The Department of Revenue may impose a civil fine of up
  437  to $10,000 for each knowing and intentional violation of this
  438  section, which fine shall be transferred into the General
  439  Revenue Fund. If the fine is not paid within 60 days, the
  440  department may bring a civil action under s. 120.69 to recover
  441  the fine.
  442         (3)(4) In addition to the penalties fine provided in s.
  443  538.27 subsection (3), registration under this section may be
  444  denied or any registration granted may be revoked, restricted,
  445  or suspended by the department if, after October 2, 1989, and
  446  within a 10-year 24-month period immediately preceding such
  447  denial, revocation, restriction, or suspension:
  448         (a) The applicant or registrant, or an owner, officer,
  449  director, or trustee of a registrant or applicant has been
  450  convicted of knowingly and intentionally:
  451         1. Violating s. 538.20, or s. 538.21, or s. 538.26;
  452         2. Engaging in a pattern of failing to keep records as
  453  required by s. 538.19;
  454         3. Making a material false statement in the application for
  455  registration; or
  456         4. Engaging in a fraudulent act in connection with any
  457  purchase or sale of regulated metals property;
  458         (b) The applicant or registrant, or an owner, officer,
  459  director, or trustee of a registrant or applicant has been
  460  convicted of, or entered a plea of guilty or nolo contendere to,
  461  a felony committed by the secondary metals recycler against the
  462  laws of the state or of the United States involving theft,
  463  larceny, dealing in stolen property, receiving stolen property,
  464  burglary, embezzlement, obtaining property by false pretenses,
  465  possession of altered property, or any felony drug offense or of
  466  knowingly and intentionally violating the laws of the state
  467  relating to registration as a secondary metals recycler; or
  468         (c) The applicant or registrant has, after receipt of
  469  written notice from the Department of Revenue of failure to pay
  470  sales tax, failed or refused to pay, within 30 days after the
  471  secondary metals recycler’s receipt of such written notice, any
  472  sales tax owed to the Department of Revenue.
  473         (4)(5) A denial of an application, or a revocation,
  474  restriction, or suspension of a registration, by the department
  475  shall be probationary for a period of 12 months in the event
  476  that the secondary metals recycler subject to such action has
  477  not had any other application for registration denied, or any
  478  registration revoked, restricted, or suspended, by the
  479  department within the previous 24-month period.
  480         (a) If, during the 12-month probationary period, the
  481  department does not again deny an application or revoke,
  482  restrict, or suspend the registration of the secondary metals
  483  recycler, the action of the department shall be dismissed and
  484  the record of the applicant or secondary metals recycler cleared
  485  thereof.
  486         (b) If, during the 12-month probationary period, the
  487  department, for reasons other than those existing before prior
  488  to the original denial or revocation, restriction, or
  489  suspension, again denies an application or revokes, restricts,
  490  or suspends the registration of the secondary metals recycler,
  491  the probationary nature of such original action shall terminate,
  492  and both the original action of the department and the action of
  493  the department causing the termination of the probationary
  494  nature thereof shall immediately be reinstated against the
  495  applicant or secondary metals recycler.
  496         (c) The department shall immediately suspend a registration
  497  or the processing of an application for registration upon
  498  notification and subsequent written verification by a law
  499  enforcement agency, a court, a state attorney, or the Department
  500  of Law Enforcement that the registrant or applicant, or an
  501  owner, officer, director, or trustee of a registrant or
  502  applicant, is convicted of a felony enumerated in chapter 812 or
  503  chapter 817.
  504         (5)(6) Upon the request of a law enforcement official, the
  505  department of Revenue shall release to the official the name and
  506  address of any secondary metals recycler registered to do
  507  business within the official’s jurisdiction.
  508         Section 11. Subsections (1) and (5) of section 538.26,
  509  Florida Statutes, are amended to read:
  510         538.26 Certain acts and practices prohibited.—It is
  511  unlawful for a secondary metals recycler to do or allow any of
  512  the following acts:
  513         (1) Purchase regulated metals property, restricted
  514  regulated metals property, or ferrous metals before 7 a.m. or
  515  after 7 p.m., or any time on Sunday.
  516         (5)(a) Purchase any restricted regulated metals property
  517  listed in paragraph (b) unless the secondary metals recycler
  518  obtains reasonable proof that the seller:
  519         1. Owns such property. Reasonable proof of ownership may
  520  include, but is not limited to, a receipt or bill of sale; or
  521         2. Is an employee, agent, or contractor of the property’s
  522  owner who is authorized to sell the property on behalf of the
  523  owner. Reasonable proof of authorization to sell the property
  524  includes, but is not limited to, a signed letter on the owner’s
  525  letterhead, dated no later than 90 days before the sale,
  526  authorizing the seller to sell the property.
  527         (b) The purchase of any of the following regulated metals
  528  property is subject to the restrictions provided in paragraph
  529  (a):
  530         1. A manhole cover.
  531         2. A metal An electric light pole or other utility
  532  structure and its fixtures.
  533         3., wires, and Hardware that is are readily identifiable
  534  as connected to a metal electric light the utility structure.
  535         4.3. A guard rail.
  536         5.4. A street sign, traffic sign, or traffic signal and its
  537  fixtures and hardware.
  538         6.5. Communication, transmission, distribution, and service
  539  wire from a utility, including jelly wire, heavy gauge copper,
  540  and aluminum wire measuring 1 inch or more in diameter with
  541  insulation or measuring three-quarters of an inch without
  542  insulation, and copper or aluminum bus bars, connectors,
  543  grounding plates, waveguide, and underground cable or grounding
  544  wire.
  545         7.6. A funeral marker or funeral vase.
  546         8.7. A historical marker.
  547         9.8. Railroad equipment, including, but not limited to, a
  548  tie plate, signal house, control box, switch plate, E clip, or
  549  rail tie junction.
  550         10.9. Any metal item that is observably marked upon
  551  reasonable inspection with any form of the name, initials, or
  552  logo of a governmental entity, utility company, cemetery, or
  553  railroad.
  554         11.10. A copper, aluminum, or aluminum-copper condensing or
  555  evaporator coil, including its tubing or rods, from an air
  556  conditioning or heating unit, excluding coils from window air
  557  conditioning or heating units and motor vehicle air-conditioning
  558  or heating units.
  559         12.11. An aluminum or stainless steel container or bottle
  560  designed to hold propane for fueling forklifts.
  561         13.12. A stainless steel beer keg.
  562         14.13. A catalytic converter or any nonferrous part of a
  563  catalytic converter unless purchased as part of a motor vehicle.
  564         15.14. Metallic wire that has been burned in whole or in
  565  part to remove insulation.
  566         16.15. A brass or bronze commercial valve or fitting,
  567  referred to as a “fire department connection and control valve”
  568  or an “FDC valve,” that is commonly used on structures for
  569  access to water for the purpose of extinguishing fires.
  570         17.16. A brass or bronze commercial potable water backflow
  571  preventer valve that is commonly used to prevent backflow of
  572  potable water from commercial structures into municipal domestic
  573  water service systems.
  574         18.17. A shopping cart.
  575         19.18. A brass water meter.
  576         20.19. A storm grate.
  577         21.20. A brass sprinkler head used in commercial
  578  agriculture.
  579         22.21.Three or more than two lead-acid batteries, or any
  580  part or component thereof, in a single purchase or from the same
  581  individual in a single day.
  582         Section 12. Section 538.27, Florida Statutes, is created to
  583  read:
  584         538.27 Administrative penalties.—
  585         (1) Upon a determination that a violation of s. 538.19, s.
  586  538.235, s. 538.25, or s. 538.26 has occurred, the department
  587  may do one or more of the following:
  588         (a) Issue a notice of noncompliance pursuant to s. 120.695.
  589         (b) Impose an administrative fine not to exceed $200 per
  590  violation and not to exceed $5,000 per inspection.
  591         (c) Direct that the secondary metals recycler cease and
  592  desist specified activities.
  593         (2) Administrative proceedings that could result in the
  594  entry of an order imposing any penalty specified in this section
  595  must be conducted in accordance with chapter 120.
  596         (3) Fines collected under this section shall be deposited
  597  into the General Inspection Trust Fund. The department may bring
  598  a civil action under s. 120.69 to recover any fine imposed under
  599  this section which is not paid within 60 days after imposition.
  600         Section 13. Section 538.29, Florida Statutes, is created to
  601  read:
  602         538.29 Rulemaking authority.—The department may adopt rules
  603  and forms to administer the provisions of this part. The rules
  604  must include tiered penalties for violations of this part.
  605         Section 14. This act shall take effect July 1, 2014.