Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 618
       
       
       
       
       
       
                                Ì3054386Î305438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2015           .                                
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       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 86 - 584
    4  and insert:
    5         Section 2. Section 213.05, Florida Statutes, is amended to
    6  read
    7         213.05 Department of Revenue; control and administration of
    8  revenue laws.—The Department of Revenue shall have only those
    9  responsibilities for ad valorem taxation specified to the
   10  department in chapter 192, taxation, general provisions; chapter
   11  193, assessments; chapter 194, administrative and judicial
   12  review of property taxes; chapter 195, property assessment
   13  administration and finance; chapter 196, exemption; chapter 197,
   14  tax collections, sales, and liens; chapter 199, intangible
   15  personal property taxes; and chapter 200, determination of
   16  millage. The Department of Revenue shall have the responsibility
   17  of regulating, controlling, and administering all revenue laws
   18  and performing all duties as provided in s. 125.0104, the Local
   19  Option Tourist Development Act; s. 125.0108, tourist impact tax;
   20  chapter 198, estate taxes; chapter 201, excise tax on documents;
   21  chapter 202, communications services tax; chapter 203, gross
   22  receipts taxes; chapter 206, motor and other fuel taxes; chapter
   23  211, tax on production of oil and gas and severance of solid
   24  minerals; chapter 212, tax on sales, use, and other
   25  transactions; chapter 220, income tax code; ss. 336.021 and
   26  336.025, taxes on motor fuel and special fuel; s. 376.11,
   27  pollutant spill prevention and control; s. 403.718, waste tire
   28  fees; s. 403.7185, lead-acid battery fees; s. 538.09,
   29  registration of secondhand dealers; s. 538.25, registration of
   30  secondary metals recyclers; s. 624.4621, group self-insurer’s
   31  fund premium tax; s. 624.5091, retaliatory tax; s. 624.475,
   32  commercial self-insurance fund premium tax; ss. 624.509-624.511,
   33  insurance code: administration and general provisions; s.
   34  624.515, State Fire Marshal regulatory assessment; s. 627.357,
   35  medical malpractice self-insurance premium tax; s. 629.5011,
   36  reciprocal insurers premium tax; and s. 681.117, motor vehicle
   37  warranty enforcement.
   38         Section 3.  Paragraph (cc) is added to subsection (8) of
   39  section 213.053, Florida Statutes, and subsection (11) of that
   40  section is amended, to read:
   41         213.053 Confidentiality and information sharing.—
   42         (8) Notwithstanding any other provision of this section,
   43  the department may provide:
   44         (cc) Information relative to chapter 212 and part II of
   45  chapter 538 to the Department of Agriculture and Consumer
   46  Services in the conduct of its official duties.
   47  
   48  Disclosure of information under this subsection shall be
   49  pursuant to a written agreement between the executive director
   50  and the agency. Such agencies, governmental or nongovernmental,
   51  shall be bound by the same requirements of confidentiality as
   52  the Department of Revenue. Breach of confidentiality is a
   53  misdemeanor of the first degree, punishable as provided by s.
   54  775.082 or s. 775.083.
   55         (11) Notwithstanding any other provision of this section,
   56  with respect to a request for verification of a certificate of
   57  registration issued pursuant to s. 212.18 to a specified dealer
   58  or taxpayer or with respect to a request by a law enforcement
   59  officer for verification of a certificate of registration issued
   60  pursuant to s. 538.09 to a specified secondhand dealer or
   61  pursuant to s. 538.25 to a specified secondary metals recycler,
   62  the department may disclose whether the specified person holds a
   63  valid certificate, or whether a specified certificate number is
   64  valid, or whether a specified certificate number has been
   65  canceled or is inactive or invalid, and the name of the holder
   66  of the certificate. This subsection may shall not be construed
   67  to create a duty to request verification of any certificate of
   68  registration.
   69         Section 4.  Paragraph (b) of subsection (1) of section
   70  319.30, Florida Statutes, is amended to read:
   71         319.30 Definitions; dismantling, destruction, change of
   72  identity of motor vehicle or mobile home; salvage.—
   73         (1) As used in this section, the term:
   74         (b) “Certificate of registration number” means the
   75  certificate of registration number issued by the Department of
   76  Agriculture and Consumer Services Revenue of the State of
   77  Florida pursuant to s. 538.25.
   78         Section 5. Subsection (2) of section 538.18, Florida
   79  Statutes, is amended to read:
   80         538.18 Definitions.—As used in this part, the term:
   81         (2) “Department” means the Department of Agriculture and
   82  Consumer Services Revenue.
   83         Section 6. Subsections (1), (2), and (3) of section 538.19,
   84  Florida Statutes, are amended to read:
   85         538.19 Records required; limitation of liability.—
   86         (1) A secondary metals recycler shall maintain a legible
   87  paper record of all purchase transactions to which such
   88  secondary metals recycler is a party. A secondary metals
   89  recycler shall also maintain a legible electronic record, in the
   90  English language, of all such purchase transactions. The
   91  appropriate law enforcement official may provide data
   92  specifications regarding the electronic record format, but such
   93  format must be approved by the department of Law Enforcement. An
   94  electronic record of a purchase transaction shall be
   95  electronically transmitted to the appropriate law enforcement
   96  official or to a qualified third party vendor pursuant to a
   97  valid contract with a law enforcement agency no later than 10
   98  a.m. of the business day following the date of the purchase
   99  transaction. The record transmitted to the appropriate law
  100  enforcement official or its qualified third party designee must
  101  not contain the price paid for the items. A secondary metals
  102  recycler who transmits such records electronically is not
  103  required to also deliver the original or paper copies of the
  104  transaction forms to the appropriate law enforcement official.
  105  However, such an appropriate law enforcement official may, for
  106  purposes of a criminal investigation, request the secondary
  107  metals recycler to make available the original transaction form
  108  that was electronically transmitted. This original transaction
  109  form must include the price paid for the items. The secondary
  110  metals recycler shall make the form available to the appropriate
  111  law enforcement official within 24 hours after receipt of the
  112  request.
  113         (2) The following information must be maintained on the
  114  form approved by the department of Law Enforcement for each
  115  purchase transaction:
  116         (a) The name and address of the secondary metals recycler.
  117         (b) The name, initials, or other identification of the
  118  individual entering the information on the ticket.
  119         (c) The date and time of the transaction.
  120         (d) The weight, quantity, or volume, and a description of
  121  the type of regulated metals property purchased in a purchase
  122  transaction.
  123         (e) The amount of consideration given in a purchase
  124  transaction for the regulated metals property.
  125         (f) A signed statement from the person delivering the
  126  regulated metals property stating that she or he is the rightful
  127  owner of, or is entitled to sell, the regulated metals property
  128  being sold. If the purchase involves a stainless steel beer keg,
  129  the seller must provide written documentation from the
  130  manufacturer that the seller is the owner of the stainless steel
  131  beer keg or is an employee or agent of the manufacturer.
  132         (g) The distinctive number from the personal identification
  133  card of the person delivering the regulated metals property to
  134  the secondary metals recycler.
  135         (h) A description of the person from whom the regulated
  136  metals property was acquired, including:
  137         1. Full name, current residential address, workplace, and
  138  home and work phone numbers.
  139         2. Height, weight, date of birth, race, gender, hair color,
  140  eye color, and any other identifying marks.
  141         3. The right thumbprint, free of smudges and smears.
  142         4. Vehicle description to include the make, model, and tag
  143  number of the vehicle and trailer of the person selling the
  144  regulated metals property.
  145         5. Any other information required by the form approved by
  146  the department of Law Enforcement.
  147         (i) A photograph, videotape, or digital image of the
  148  regulated metals being sold.
  149         (j) A photograph, videotape, or similar likeness of the
  150  person receiving consideration in which such person’s facial
  151  features are clearly visible.
  152         (3) A secondary metals recycler complies with the
  153  requirements of this section if it maintains an electronic
  154  database containing the information required by subsection (2)
  155  as long as the electronic information required by subsection
  156  (2), along with an electronic oath of ownership with an
  157  electronic signature of the seller of the secondary metals being
  158  purchased by the secondary metals recyclers and an electronic
  159  image of the seller’s right thumbprint that has no smudges and
  160  smears, can be downloaded onto a paper form in the image of the
  161  form approved by the department of Law Enforcement as provided
  162  in subsection (2).
  163         Section 7. Section 538.20, Florida Statutes, is amended to
  164  read:
  165         538.20 Inspection of regulated metals property and
  166  records.—During the usual and customary business hours of a
  167  secondary metals recycler, a law enforcement officer or employee
  168  of the department who is a nonsworn trained regulatory
  169  investigator shall, after properly identifying herself or
  170  himself as such a law enforcement officer, have the right to
  171  inspect:
  172         (1) Any and all purchased regulated metals property in the
  173  possession of the secondary metals recycler., and
  174         (2) Any and all records required to be maintained under s.
  175  538.19.
  176         Section 8. Subsection (3) of section 538.21, Florida
  177  Statutes, is amended to read:
  178         538.21 Hold notice.—
  179         (3) A secondary metals recycler may not dispose of any
  180  property identified by a hold notice or extended hold notice
  181  until the applicable hold period expires. At the expiration of
  182  the hold period or, if extended in accordance with this section,
  183  at the expiration of the extended hold period, the hold is
  184  automatically released and the secondary metals recycler may
  185  dispose of the regulated metals property unless other
  186  disposition has been ordered by a court of competent
  187  jurisdiction.
  188         Section 9. Paragraph (a) of subsection (1) and subsection
  189  (3) of section 538.23, Florida Statutes, are amended to read:
  190         538.23 Violations and penalties.—
  191         (1)(a) Except as provided in paragraph (b), a secondary
  192  metals recycler who knowingly and intentionally:
  193         1. Violates s. 538.20, or s. 538.21, or s. 538.26;
  194         2. Engages in a pattern of failing to keep records required
  195  by s. 538.19;
  196         3. Violates s. 538.26(2); or
  197         4. Violates s. 538.235,
  198  
  199  commits a felony of the third degree, punishable as provided in
  200  s. 775.082, s. 775.083, or s. 775.084.
  201         (3) Any person who knowingly provides false information,
  202  gives false verification of ownership, or who gives a false or
  203  altered identification and who receives money or other
  204  consideration from a secondary metals recycler in return for
  205  regulated metals property commits:
  206         (a) A felony of the third degree, punishable as provided in
  207  s. 775.082, s. 775.083, or s. 775.084, if the value of the money
  208  or other consideration received is less than $300.
  209         (b) A felony of the second degree, punishable as provided
  210  in s. 775.082, s. 775.083, or s. 775.084, if the value of the
  211  money or other consideration received is $300 or more or if the
  212  money or other consideration received is for restricted
  213  regulated metals.
  214         Section 10. Section 538.25, Florida Statutes, is amended to
  215  read:
  216         538.25 Registration.—
  217         (1) A person may not engage in business as a secondary
  218  metals recycler at any location without registering with the
  219  department on an application form prescribed by the department.
  220  An application for registration must state the full name of the
  221  applicant, the place where the business is to be conducted, and
  222  any other relevant information required by the department. If
  223  the applicant is not an individual, the applicant must state the
  224  full name and address of each direct or beneficial owner of at
  225  least 10-percent equity interest in the business. If the
  226  applicant is a corporation, the application must state the full
  227  name and address of each officer and director. The department
  228  shall accept applications only from a fixed business address.
  229  The department may not accept an application that provides an
  230  address of a hotel room or motel room, a vehicle, or a post
  231  office box.
  232         (a) Fingerprint fees, as provided for in subparagraph
  233  (b)2., A fee equal to the federal and state costs for processing
  234  required fingerprints must be submitted to the department with
  235  each application for registration. One application is required
  236  for each secondary metals recycler. If a secondary metals
  237  recycler is the owner of more than one secondary metals
  238  recycling location, the application must list each location, and
  239  the department shall issue a duplicate registration for each
  240  location. For purposes of subsections (3) and, (4), and (5),
  241  these duplicate registrations shall be deemed individual
  242  registrations. A secondary metals recycler shall pay a fee of $6
  243  per location at the time of registration and an annual renewal
  244  fee of $6 per location on October 1 of each year. All fees
  245  collected, less costs of administration, shall be transferred
  246  into the Operating Trust Fund.
  247         (b)1. An applicant shall submit a full set of fingerprints
  248  to the department or an entity or vendor authorized by s.
  249  943.053(13). The fingerprints shall be forwarded to the
  250  Department of Law Enforcement for state processing, and the
  251  Department of Law Enforcement shall forward the fingerprints to
  252  the Federal Bureau of Investigation for national processing.
  253         2. Fees for state and federal fingerprint processing and
  254  fingerprint retention fees shall be borne by the applicant. The
  255  state cost for fingerprint processing is that authorized in s.
  256  943.053(3)(b) for records provided to persons or entities other
  257  than those specified as exceptions therein.
  258         3. Fingerprints submitted to the Department of Law
  259  Enforcement pursuant to this paragraph shall be retained by the
  260  Department of Law Enforcement as provided in s. 943.05(2)(g) and
  261  (h) and enrolled in the Federal Bureau of Investigation’s
  262  national retained print arrest notification program. when the
  263  Department of Law Enforcement begins participation in the
  264  program. Fingerprints shall be submitted to the Department of
  265  Law Enforcement for a state criminal history record check, and
  266  to the Federal Bureau of Investigation for a national criminal
  267  history check. Any arrest record identified shall be reported to
  268  the department by the Department of Law Enforcement.
  269         4. For a renewal of an applicant’s registration, the
  270  department shall request the Department of Law Enforcement to
  271  forward the retained fingerprints of the applicant to the
  272  Federal Bureau of Investigation unless the applicant is enrolled
  273  in the national retained print arrest notification program
  274  described in subparagraph 3. The fee for the national criminal
  275  history check shall be paid as part of the renewal fee to the
  276  department and shall be forwarded to the Department of Law
  277  Enforcement. If an applicant’s fingerprints are retained in the
  278  national retained print arrest notification program, the
  279  applicant shall pay the state and national retention fee to the
  280  department, and the department shall forward the fee to the
  281  Department of Law Enforcement.
  282         5. The department shall notify the Department of Law
  283  Enforcement regarding a person whose fingerprints have been
  284  retained but who is no longer registered under this chapter.
  285         6. The department shall screen background results to
  286  determine whether an applicant meets registration requirements.
  287  The department shall forward the full set of fingerprints to the
  288  Department of Law Enforcement for state and federal processing,
  289  provided the federal service is available, to be processed for
  290  any criminal justice information as defined in s. 943.045. The
  291  cost of processing such fingerprints shall be payable to the
  292  Department of Law Enforcement by the department. The department
  293  may issue a temporary registration to each location pending
  294  completion of the background check by state and federal law
  295  enforcement agencies but shall revoke such temporary
  296  registration if the completed background check reveals a
  297  prohibited criminal background. The Department of Law
  298  Enforcement shall report its findings to the Department of
  299  Revenue within 30 days after the date the fingerprints are
  300  submitted for criminal justice information.
  301         (c) An applicant for a secondary metals recycler
  302  registration must be a natural person who has reached the age of
  303  18 years or a corporation organized or qualified to do business
  304  in the state.
  305         1. If the applicant is a natural person, the registration
  306  must include a complete set of her or his fingerprints,
  307  certified by an authorized law enforcement officer, and a valid
  308  recent fullface photographic identification card of herself or
  309  himself.
  310         2. If the applicant is a partnership, all the partners must
  311  make application for registration.
  312         3. If the applicant is a corporation, the registration must
  313  include the name and address of such corporation’s registered
  314  agent for service of process in the state and a certified copy
  315  of statement from the Secretary of State that the corporation is
  316  duly organized in the state or, if the corporation is organized
  317  in a state other than Florida, a certified copy of the statement
  318  that the corporation is duly qualified to do business in this
  319  state.
  320         (d) In addition to maintaining workers’ compensation
  321  insurance, each secondary metals recycler must maintain a
  322  minimum of $100,000 general liability insurance coverage
  323  throughout the registration period.
  324         (e) A person applying for or renewing a local business tax
  325  receipt to engage in business as a secondary metals recycler
  326  must exhibit an active registration certificate from the
  327  department before the local business tax receipt may be issued
  328  or renewed.
  329         (2) A secondary metals recycler’s registration shall be
  330  conspicuously displayed at the place of business set forth on
  331  the registration. A secondary metals recycler must allow
  332  department personnel to enter the secondary metals recycler’s
  333  place of business in order to verify that a registration is
  334  valid. If department personnel are refused entry for this
  335  purpose, the department may seek an inspection warrant as
  336  provided for in chapter 933 to obtain compliance with this
  337  requirement shall not dispose of property at any location until
  338  any holding period has expired.
  339         (3) The Department of Revenue may impose a civil fine of up
  340  to $10,000 for each knowing and intentional violation of this
  341  section, which fine shall be transferred into the General
  342  Revenue Fund. If the fine is not paid within 60 days, the
  343  department may bring a civil action under s. 120.69 to recover
  344  the fine.
  345         (3)(4) In addition to the penalties fine provided in s.
  346  538.27 subsection (3), a registration under this section may be
  347  denied or any registration granted may be revoked, restricted,
  348  or suspended by the department if, after October 2, 1989, and
  349  within a 10-year 24-month period immediately preceding such
  350  denial, revocation, restriction, or suspension:
  351         (a) The applicant or registrant, or an owner, officer,
  352  director, or trustee of the applicant or registrant, has been
  353  convicted of knowingly and intentionally:
  354         1. Violating s. 538.20, or s. 538.21, or s. 538.26;
  355         2. Engaging in a pattern of failing to keep records as
  356  required by s. 538.19;
  357         3. Making a material false statement in the application for
  358  registration; or
  359         4. Engaging in a fraudulent act in connection with any
  360  purchase or sale of regulated metals property;
  361         (b) The applicant or registrant, or an owner, officer,
  362  director, or trustee of the applicant or registrant, has been
  363  convicted of, or entered a plea of guilty or nolo contendere to,
  364  a felony committed by the secondary metals recycler against the
  365  laws of the state or of the United States involving theft,
  366  larceny, dealing in stolen property, receiving stolen property,
  367  burglary, embezzlement, obtaining property by false pretenses,
  368  possession of altered property, or any felony drug offense or of
  369  knowingly and intentionally violating the laws of the state
  370  relating to registration as a secondary metals recycler; or
  371         (c) The applicant has, after receipt of written notice from
  372  the Department of Revenue of failure to pay sales tax, failed or
  373  refused to pay, within 30 days after the secondary metals
  374  recycler’s receipt of such written notice, any sales tax owed to
  375  the Department of Revenue.
  376         (4)(5) A denial of an application, or a revocation,
  377  restriction, or suspension of a registration, by the department
  378  shall be probationary for a period of 12 months in the event
  379  that the secondary metals recycler subject to such action has
  380  not had any other application for registration denied, or any
  381  registration revoked, restricted, or suspended, by the
  382  department within the previous 24-month period.
  383         (a) If, during the 12-month probationary period, the
  384  department does not again deny an application or revoke,
  385  restrict, or suspend the registration of the secondary metals
  386  recycler, the action of the department shall be dismissed and
  387  the record of the secondary metals recycler cleared thereof.
  388         (b) If, during the 12-month probationary period, the
  389  department, for reasons other than those existing before prior
  390  to the original denial or revocation, restriction, or
  391  suspension, again denies an application or revokes, restricts,
  392  or suspends the registration of the secondary metals recycler,
  393  the probationary nature of such original action shall terminate
  394  and both the original action of the department and the action of
  395  the department causing the termination of the probationary
  396  nature thereof shall immediately be reinstated against the
  397  secondary metals recycler.
  398         (5) The department shall suspend the registration or deny
  399  the application for registration of a registrant or applicant if
  400  the registrant or applicant or any of its owners, officers,
  401  directors, or trustees have been convicted of a felony under s.
  402  817.67, s. 817.705, or s. 817.806 immediately upon receiving
  403  written verification of the conviction from a law enforcement
  404  agency, court, or state attorney’s office or the Department of
  405  Law Enforcement.
  406         (6) Upon the request of a law enforcement official, the
  407  department of Revenue shall release to the official the name and
  408  address of any secondary metals recycler registered to do
  409  business within the official’s jurisdiction.
  410         Section 11. Subsection (1) and paragraph (b) of subsection
  411  (5) of section 538.26, Florida Statutes, are amended to read:
  412         538.26 Certain acts and practices prohibited.—It is
  413  unlawful for a secondary metals recycler to do or allow any of
  414  the following acts:
  415         (1) Purchase regulated metals property, restricted
  416  regulated metals property, or ferrous metals between the hours
  417  of 7 p.m. and before 7 a.m. or any time on Sunday after 7 p.m.
  418         (5)
  419         (b) The purchase of any of the following regulated metals
  420  property is subject to the restrictions provided in paragraph
  421  (a):
  422         1. A manhole cover.
  423         2. A metal An electric light pole or other utility
  424  structure and its fixtures, wires, and hardware that is are
  425  readily identifiable as connected to a metal electric light the
  426  utility structure.
  427         3. A guard rail.
  428         4. A street sign, traffic sign, or traffic signal and its
  429  fixtures and hardware.
  430         5. Communication, transmission, distribution, and service
  431  wire from a utility, including copper or aluminum bus bars,
  432  connectors, grounding plates, or grounding wire.
  433         6. A funeral marker or funeral vase.
  434         7. A historical marker.
  435         8. Railroad equipment, including, but not limited to, a tie
  436  plate, signal house, control box, switch plate, E clip, or rail
  437  tie junction.
  438         9. Any metal item that is observably marked upon reasonable
  439  inspection with any form of the name, initials, or logo of a
  440  governmental entity, utility company, cemetery, or railroad.
  441         10. A copper, aluminum, or aluminum-copper condensing or
  442  evaporator coil, including its tubing or rods, from an air
  443  conditioning or heating unit, excluding coils from window air
  444  conditioning or heating units and motor vehicle air-conditioning
  445  or heating units.
  446         11. An aluminum or stainless steel container or bottle
  447  designed to hold propane for fueling forklifts.
  448         12. A stainless steel beer keg.
  449         13. A catalytic converter or any nonferrous part of a
  450  catalytic converter unless purchased as part of a motor vehicle.
  451         14. Metallic wire that has been burned in whole or in part
  452  to remove insulation.
  453         15. A brass or bronze commercial valve or fitting, referred
  454  to as a “fire department connection and control valve” or an
  455  “FDC valve,” that is commonly used on structures for access to
  456  water for the purpose of extinguishing fires.
  457         16. A brass or bronze commercial potable water backflow
  458  preventer valve that is commonly used to prevent backflow of
  459  potable water from commercial structures into municipal domestic
  460  water service systems.
  461         17. A shopping cart.
  462         18. A brass water meter.
  463         19. A storm grate.
  464         20. A brass sprinkler head used in commercial agriculture.
  465         21. Three or more than two lead-acid batteries, or any part
  466  or component thereof, in a single purchase or from the same
  467  individual in a single day.
  468         Section 12. Section 538.27, Florida Statutes, is created to
  469  read:
  470         538.27 Administrative penalties.—
  471         (1) Upon a determination that a violation of s. 538.19, s.
  472  538.235, s. 538.25, or s. 538.26 has occurred, the department
  473  may take one or more of the following actions:
  474         (a) Issue a notice of noncompliance pursuant to s. 120.695.
  475         (b) Impose an administrative fine up to $200 per violation,
  476  but not to exceed $5,000 per inspection. Any fine collected
  477  shall be deposited in the General Inspection Trust Fund. If a
  478  fine is not paid within 60 days after imposition, the department
  479  may bring a civil action under s. 120.69 to recover the fine.
  480         (c) Direct that the secondary metals recycler cease and
  481  desist specified activities.
  482         (2) The administrative proceedings under this sectionthat
  483  could result in the entry of an order imposing any of the
  484  penalties specified in this section shall be conducted in
  485  accordance with chapter 120.
  486         Section 13. Section 538.29, Florida Statutes, is created to
  487  read:
  488         538.29 Rulemaking authority.—The department may adopt rules
  489  to implement this part. Such rules shall include tiered
  490  penalties for violations of this part.
  491         Section 14. For the 2015-2016 fiscal year, there is
  492  appropriated to the Department of Agriculture and Consumer
  493  Services, the sum of $263,223 in recurring and $187,532 in
  494  nonrecurring funds from the General Revenue Fund, and 4 full
  495  time equivalent positions with associated salary rate of
  496  $138,181, are authorized for the purpose of implementing this
  497  act.
  498  
  499  
  500  ================= T I T L E  A M E N D M E N T ================
  501  And the title is amended as follows:
  502         Delete lines 11 - 55
  503  and insert:
  504         An act relating to secondary metals recyclers;
  505         transferring administration of part II of chapter 538,
  506         F.S., relating to secondary metals recyclers, from the
  507         Department of Revenue to the Department of Agriculture
  508         and Consumer Services; providing for applicability
  509         with respect to pending actions, orders, and rules;
  510         amending s. 213.053, F.S.; authorizing the Department
  511         of Revenue to share certain confidential information
  512         with the Department of Agriculture and Consumer
  513         Services; amending ss. 213.05, 319.30, and 538.18
  514         F.S.; conforming provisions to changes made by the
  515         act; amending 538.19, F.S.; providing for transmission
  516         of specific reports to a law enforcement official or
  517         an authorized third party; making conforming changes;
  518         amending s. 538.20, F.S.; authorizing specified
  519         persons to inspect regulated metals property and
  520         records; amending s. 538.21, F.S.; prohibiting a
  521         secondary metals recycler from disposing of certain
  522         property for a specified period; amending s. 538.23,
  523         F.S.; revising violations subject to criminal
  524         penalties; amending s. 538.25, F.S.; revising
  525         application requirements for registration as a
  526         secondary metals recycler; requiring applicants to
  527         submit fingerprints and pay a fee for fingerprint
  528         processing and retention; providing for the
  529         submission, retention, and use of collected
  530         fingerprints; requiring secondary metals recyclers to
  531         maintain specified insurance coverage; requiring
  532         secondary metals recyclers to exhibit active
  533         registration certificates from the Department of
  534         Agriculture and Consumer Services before applying for
  535         or renewing a local business tax receipt; requiring
  536         secondary metals recyclers to allow department
  537         personnel to enter certain places of business for a
  538         specified purpose; authorizing the department to seek
  539         a warrant if such access is denied; revising penalties
  540         for noncompliance; requiring the department to suspend
  541         certain registrations or applications for registration
  542         under certain circumstances; amending s. 538.26, F.S.;
  543         prohibiting secondary metals recyclers from purchasing
  544         regulated metals property, restricted regulated metals
  545         property, or ferrous metals between certain hours or
  546         on Sundays; prohibiting the purchase of specified
  547         restricted regulated metals property without obtaining
  548         certain proof of the seller’s ownership of, or
  549         authority to sell, the regulated metals property;
  550         revising the number of lead-acid batteries purchased
  551         in a single purchase by the same individual in a
  552         single day which makes a purchase subject to certain
  553         restrictions; creating s. 538.27, F.S.; providing
  554         penalties for noncompliance; creating s. 538.29, F.S.;
  555         authorizing the department to adopt rules; providing
  556         an appropriation; providing an effective date.