Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 618
Ì554766NÎ554766
576-03405-15
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on General Government)
1 A bill to be entitled
2 An act relating to secondary metals recyclers;
3 transferring administration of part II of ch. 538,
4 F.S., relating to secondary metals recyclers, from the
5 Department of Revenue to the Department of Agriculture
6 and Consumer Services; providing for applicability
7 with respect to pending actions, orders, and rules;
8 amending s. 213.05, F.S.; conforming a provision to
9 changes made by the act; amending s. 213.053, F.S.;
10 authorizing the Department of Revenue to share certain
11 confidential information with the Department of
12 Agriculture and Consumer Services; amending ss. 319.30
13 and 538.18 F.S.; conforming provisions to changes made
14 by the act; amending 538.19, F.S.; providing for
15 transmission of specific reports to a law enforcement
16 official or an authorized third party; conforming
17 provisions to changes made by the act; amending s.
18 538.20, F.S.; authorizing specified persons to inspect
19 regulated metals property and records; amending s.
20 538.21, F.S.; prohibiting a secondary metals recycler
21 from disposing of certain property for a specified
22 period; amending s. 538.23, F.S.; revising violations
23 subject to criminal penalties; amending s. 538.25,
24 F.S.; revising application requirements for
25 registration as a secondary metals recycler; requiring
26 applicants to submit fingerprints and pay a fee for
27 fingerprint processing and retention; providing for
28 the submission, retention, and use of collected
29 fingerprints; requiring secondary metals recyclers to
30 maintain specified insurance coverage; requiring
31 secondary metals recyclers to exhibit active
32 registration certificates from the Department of
33 Agriculture and Consumer Services before applying for
34 or renewing a local business tax receipt; requiring
35 secondary metals recyclers to allow department
36 personnel to enter certain places of business for a
37 specified purpose; authorizing the department to seek
38 a warrant if such access is denied; revising penalties
39 for noncompliance; requiring the department to suspend
40 certain registrations or deny applications for
41 registration under certain circumstances; amending s.
42 538.26, F.S.; prohibiting secondary metals recyclers
43 from purchasing regulated metals property, restricted
44 regulated metals property, or ferrous metals between
45 certain hours or on Sundays; prohibiting the purchase
46 of specified restricted regulated metals property
47 without obtaining certain proof of the seller’s
48 ownership of, or authority to sell, the regulated
49 metals property; revising the number of lead-acid
50 batteries purchased in a single purchase by the same
51 individual in a single day which makes a purchase
52 subject to certain restrictions; creating s. 538.27,
53 F.S.; providing penalties for noncompliance; creating
54 s. 538.29, F.S.; authorizing the department to adopt
55 rules; providing an appropriation; providing an
56 effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. (1) All powers, duties, functions, records,
61 personnel, property, pending issues, existing contracts,
62 administrative authority, administrative rules, and unexpended
63 balances of appropriations, allocations, and other funds of the
64 Department of Revenue relating to the administration of part II
65 of chapter 538, Florida Statutes, are transferred by a type two
66 transfer, pursuant to s. 20.06(2), Florida Statutes, to the
67 Department of Agriculture and Consumer Services.
68 (2) This section does not affect the validity of any
69 judicial or administrative action pending as of 11:59 p.m. on
70 the day before the effective date of this act to which the
71 Department of Revenue is at that time a party, and the
72 Department of Agriculture and Consumer Services shall be
73 substituted as a party in interest in any such action.
74 (3) All lawful orders issued by the Department of Revenue
75 relating to the administration of part II of chapter 538,
76 Florida Statutes, issued before the effective date of this act
77 shall remain in effect and be enforceable after the effective
78 date of this section unless thereafter modified in accordance
79 with law.
80 (4) The rules of the Department of Revenue relating to the
81 administration of part II of chapter 538, Florida Statutes,
82 which were in effect at 11:59 p.m. on the day before the
83 effective date of this act shall remain in effect and be
84 enforceable after the effective date of this section unless
85 thereafter modified in accordance with law.
86 Section 2. Section 213.05, Florida Statutes, is amended to
87 read:
88 213.05 Department of Revenue; control and administration of
89 revenue laws.—The Department of Revenue shall have only those
90 responsibilities for ad valorem taxation specified to the
91 department in chapter 192, taxation, general provisions; chapter
92 193, assessments; chapter 194, administrative and judicial
93 review of property taxes; chapter 195, property assessment
94 administration and finance; chapter 196, exemption; chapter 197,
95 tax collections, sales, and liens; chapter 199, intangible
96 personal property taxes; and chapter 200, determination of
97 millage. The Department of Revenue shall have the responsibility
98 of regulating, controlling, and administering all revenue laws
99 and performing all duties as provided in s. 125.0104, the Local
100 Option Tourist Development Act; s. 125.0108, tourist impact tax;
101 chapter 198, estate taxes; chapter 201, excise tax on documents;
102 chapter 202, communications services tax; chapter 203, gross
103 receipts taxes; chapter 206, motor and other fuel taxes; chapter
104 211, tax on production of oil and gas and severance of solid
105 minerals; chapter 212, tax on sales, use, and other
106 transactions; chapter 220, income tax code; ss. 336.021 and
107 336.025, taxes on motor fuel and special fuel; s. 376.11,
108 pollutant spill prevention and control; s. 403.718, waste tire
109 fees; s. 403.7185, lead-acid battery fees; s. 538.09,
110 registration of secondhand dealers; s. 538.25, registration of
111 secondary metals recyclers; s. 624.4621, group self-insurer’s
112 fund premium tax; s. 624.5091, retaliatory tax; s. 624.475,
113 commercial self-insurance fund premium tax; ss. 624.509-624.511,
114 insurance code: administration and general provisions; s.
115 624.515, State Fire Marshal regulatory assessment; s. 627.357,
116 medical malpractice self-insurance premium tax; s. 629.5011,
117 reciprocal insurers premium tax; and s. 681.117, motor vehicle
118 warranty enforcement.
119 Section 3. Paragraph (cc) is added to subsection (8) of
120 section 213.053, Florida Statutes, and subsection (11) of that
121 section is amended, to read:
122 213.053 Confidentiality and information sharing.—
123 (8) Notwithstanding any other provision of this section,
124 the department may provide:
125 (cc) Information relative to chapter 212 and part II of
126 chapter 538 to the Department of Agriculture and Consumer
127 Services in the conduct of its official duties.
128
129 Disclosure of information under this subsection shall be
130 pursuant to a written agreement between the executive director
131 and the agency. Such agencies, governmental or nongovernmental,
132 shall be bound by the same requirements of confidentiality as
133 the Department of Revenue. Breach of confidentiality is a
134 misdemeanor of the first degree, punishable as provided by s.
135 775.082 or s. 775.083.
136 (11) Notwithstanding any other provision of this section,
137 with respect to a request for verification of a certificate of
138 registration issued pursuant to s. 212.18 to a specified dealer
139 or taxpayer or with respect to a request by a law enforcement
140 officer for verification of a certificate of registration issued
141 pursuant to s. 538.09 to a specified secondhand dealer or
142 pursuant to s. 538.25 to a specified secondary metals recycler,
143 the department may disclose whether the specified person holds a
144 valid certificate, or whether a specified certificate number is
145 valid, or whether a specified certificate number has been
146 canceled or is inactive or invalid, and the name of the holder
147 of the certificate. This subsection may shall not be construed
148 to create a duty to request verification of any certificate of
149 registration.
150 Section 4. Paragraph (b) of subsection (1) of section
151 319.30, Florida Statutes, is amended to read:
152 319.30 Definitions; dismantling, destruction, change of
153 identity of motor vehicle or mobile home; salvage.—
154 (1) As used in this section, the term:
155 (b) “Certificate of registration number” means the
156 certificate of registration number issued by the Department of
157 Agriculture and Consumer Services Revenue of the State of
158 Florida pursuant to s. 538.25.
159 Section 5. Subsection (2) of section 538.18, Florida
160 Statutes, is amended to read:
161 538.18 Definitions.—As used in this part, the term:
162 (2) “Department” means the Department of Agriculture and
163 Consumer Services Revenue.
164 Section 6. Subsections (1), (2), and (3) of section 538.19,
165 Florida Statutes, are amended to read:
166 538.19 Records required; limitation of liability.—
167 (1) A secondary metals recycler shall maintain a legible
168 paper record of all purchase transactions to which such
169 secondary metals recycler is a party. A secondary metals
170 recycler shall also maintain a legible electronic record, in the
171 English language, of all such purchase transactions. The
172 appropriate law enforcement official may provide data
173 specifications regarding the electronic record format, but such
174 format must be approved by the department of Law Enforcement. An
175 electronic record of a purchase transaction shall be
176 electronically transmitted to the appropriate law enforcement
177 official or to a qualified third-party vendor pursuant to a
178 valid contract with a law enforcement agency no later than 10
179 a.m. of the business day following the date of the purchase
180 transaction. The record transmitted to the appropriate law
181 enforcement official or its qualified third-party designee must
182 not contain the price paid for the items. A secondary metals
183 recycler who transmits such records electronically is not
184 required to also deliver the original or paper copies of the
185 transaction forms to the appropriate law enforcement official.
186 However, such an appropriate law enforcement official may, for
187 purposes of a criminal investigation, request the secondary
188 metals recycler to make available the original transaction form
189 that was electronically transmitted. This original transaction
190 form must include the price paid for the items. The secondary
191 metals recycler shall make the form available to the appropriate
192 law enforcement official within 24 hours after receipt of the
193 request.
194 (2) The following information must be maintained on the
195 form approved by the department of Law Enforcement for each
196 purchase transaction:
197 (a) The name and address of the secondary metals recycler.
198 (b) The name, initials, or other identification of the
199 individual entering the information on the ticket.
200 (c) The date and time of the transaction.
201 (d) The weight, quantity, or volume, and a description of
202 the type of regulated metals property purchased in a purchase
203 transaction.
204 (e) The amount of consideration given in a purchase
205 transaction for the regulated metals property.
206 (f) A signed statement from the person delivering the
207 regulated metals property stating that she or he is the rightful
208 owner of, or is entitled to sell, the regulated metals property
209 being sold. If the purchase involves a stainless steel beer keg,
210 the seller must provide written documentation from the
211 manufacturer that the seller is the owner of the stainless steel
212 beer keg or is an employee or agent of the manufacturer.
213 (g) The distinctive number from the personal identification
214 card of the person delivering the regulated metals property to
215 the secondary metals recycler.
216 (h) A description of the person from whom the regulated
217 metals property was acquired, including:
218 1. Full name, current residential address, workplace, and
219 home and work phone numbers.
220 2. Height, weight, date of birth, race, gender, hair color,
221 eye color, and any other identifying marks.
222 3. The right thumbprint, free of smudges and smears.
223 4. Vehicle description to include the make, model, and tag
224 number of the vehicle and trailer of the person selling the
225 regulated metals property.
226 5. Any other information required by the form approved by
227 the department of Law Enforcement.
228 (i) A photograph, videotape, or digital image of the
229 regulated metals being sold.
230 (j) A photograph, videotape, or similar likeness of the
231 person receiving consideration in which such person’s facial
232 features are clearly visible.
233 (3) A secondary metals recycler complies with the
234 requirements of this section if it maintains an electronic
235 database containing the information required by subsection (2)
236 as long as the electronic information required by subsection
237 (2), along with an electronic oath of ownership with an
238 electronic signature of the seller of the secondary metals being
239 purchased by the secondary metals recyclers and an electronic
240 image of the seller’s right thumbprint that has no smudges and
241 smears, can be downloaded onto a paper form in the image of the
242 form approved by the department of Law Enforcement as provided
243 in subsection (2).
244 Section 7. Section 538.20, Florida Statutes, is amended to
245 read:
246 538.20 Inspection of regulated metals property and
247 records.—During the usual and customary business hours of a
248 secondary metals recycler, a law enforcement officer or employee
249 of the department who is a nonsworn trained regulatory
250 investigator shall, after properly identifying herself or
251 himself as such a law enforcement officer, have the right to
252 inspect:
253 (1) Any and all purchased regulated metals property in the
254 possession of the secondary metals recycler., and
255 (2) Any and all records required to be maintained under s.
256 538.19.
257 Section 8. Subsection (3) of section 538.21, Florida
258 Statutes, is amended to read:
259 538.21 Hold notice.—
260 (3) A secondary metals recycler may not dispose of any
261 property identified by a hold notice or extended hold notice
262 until the applicable hold period expires. At the expiration of
263 the hold period or, if extended in accordance with this section,
264 at the expiration of the extended hold period, the hold is
265 automatically released and the secondary metals recycler may
266 dispose of the regulated metals property unless other
267 disposition has been ordered by a court of competent
268 jurisdiction.
269 Section 9. Paragraph (a) of subsection (1) and subsection
270 (3) of section 538.23, Florida Statutes, are amended to read:
271 538.23 Violations and penalties.—
272 (1)(a) Except as provided in paragraph (b), a secondary
273 metals recycler who knowingly and intentionally:
274 1. Violates s. 538.20, or s. 538.21, or s. 538.26;
275 2. Engages in a pattern of failing to keep records required
276 by s. 538.19;
277 3. Violates s. 538.26(2); or
278 4. Violates s. 538.235,
279
280 commits a felony of the third degree, punishable as provided in
281 s. 775.082, s. 775.083, or s. 775.084.
282 (3) Any person who knowingly provides false information,
283 gives false verification of ownership, or who gives a false or
284 altered identification and who receives money or other
285 consideration from a secondary metals recycler in return for
286 regulated metals property commits:
287 (a) A felony of the third degree, punishable as provided in
288 s. 775.082, s. 775.083, or s. 775.084, if the value of the money
289 or other consideration received is less than $300.
290 (b) A felony of the second degree, punishable as provided
291 in s. 775.082, s. 775.083, or s. 775.084, if the value of the
292 money or other consideration received is $300 or more or if the
293 money or other consideration received is for restricted
294 regulated metals.
295 Section 10. Section 538.25, Florida Statutes, is amended to
296 read:
297 538.25 Registration.—
298 (1) A person may not engage in business as a secondary
299 metals recycler at any location without registering with the
300 department on an application form prescribed by the department.
301 An application for registration must state the full name of the
302 applicant, the place where the business is to be conducted, and
303 any other relevant information required by the department. If
304 the applicant is not an individual, the applicant must state the
305 full name and address of each direct or beneficial owner of at
306 least 10-percent equity interest in the business. If the
307 applicant is a corporation, the application must state the full
308 name and address of each officer and director. The department
309 shall accept applications only from a fixed business address.
310 The department may not accept an application that provides an
311 address of a hotel room or motel room, a vehicle, or a post
312 office box.
313 (a) Fingerprint fees, as provided for in subparagraph
314 (b)2., A fee equal to the federal and state costs for processing
315 required fingerprints must be submitted to the department with
316 each application for registration. One application is required
317 for each secondary metals recycler. If a secondary metals
318 recycler is the owner of more than one secondary metals
319 recycling location, the application must list each location, and
320 the department shall issue a duplicate registration for each
321 location. For purposes of subsections (3) and, (4), and (5),
322 these duplicate registrations shall be deemed individual
323 registrations. A secondary metals recycler shall pay a fee of $6
324 per location at the time of registration and an annual renewal
325 fee of $6 per location on October 1 of each year. All fees
326 collected, less costs of administration, shall be transferred
327 into the Operating Trust Fund.
328 (b)1. An applicant shall submit a full set of fingerprints
329 to the department or an entity or a vendor authorized by s.
330 943.053(13). The fingerprints shall be forwarded to the
331 Department of Law Enforcement for state processing, and the
332 Department of Law Enforcement shall forward the fingerprints to
333 the Federal Bureau of Investigation for national processing.
334 2. Fees for state and federal fingerprint processing and
335 fingerprint retention fees shall be borne by the applicant. The
336 state cost for fingerprint processing is that authorized in s.
337 943.053(3)(b) for records provided to persons or entities other
338 than those specified as exceptions therein.
339 3. Fingerprints submitted to the Department of Law
340 Enforcement pursuant to this paragraph shall be retained by the
341 Department of Law Enforcement as provided in s. 943.05(2)(g) and
342 (h) and enrolled in the Federal Bureau of Investigation’s
343 national retained print arrest notification program, when the
344 Department of Law Enforcement begins participation in the
345 program. Fingerprints shall be submitted to the Department of
346 Law Enforcement for a state criminal history record check, and
347 to the Federal Bureau of Investigation for a national criminal
348 history record check. Any arrest record identified shall be
349 reported to the department by the Department of Law Enforcement.
350 4. For a renewal of an applicant’s registration, the
351 department shall request the Department of Law Enforcement to
352 forward the retained fingerprints of the applicant to the
353 Federal Bureau of Investigation unless the applicant is enrolled
354 in the national retained print arrest notification program
355 described in subparagraph 3. The fee for the national criminal
356 history record check shall be paid as part of the renewal fee to
357 the department and shall be forwarded to the Department of Law
358 Enforcement. If an applicant’s fingerprints are retained in the
359 national retained print arrest notification program, the
360 applicant shall pay the state and national retention fee to the
361 department, and the department shall forward the fee to the
362 Department of Law Enforcement.
363 5. The department shall notify the Department of Law
364 Enforcement regarding a person whose fingerprints have been
365 retained but who is no longer registered under this chapter.
366 6. The department shall screen background results to
367 determine whether an applicant meets registration requirements.
368 The department shall forward the full set of fingerprints to the
369 Department of Law Enforcement for state and federal processing,
370 provided the federal service is available, to be processed for
371 any criminal justice information as defined in s. 943.045. The
372 cost of processing such fingerprints shall be payable to the
373 Department of Law Enforcement by the department. The department
374 may issue a temporary registration to each location pending
375 completion of the background check by state and federal law
376 enforcement agencies but shall revoke such temporary
377 registration if the completed background check reveals a
378 prohibited criminal background. The Department of Law
379 Enforcement shall report its findings to the Department of
380 Revenue within 30 days after the date the fingerprints are
381 submitted for criminal justice information.
382 (c) An applicant for a secondary metals recycler
383 registration must be a natural person who has reached the age of
384 18 years or a corporation organized or qualified to do business
385 in the state.
386 1. If the applicant is a natural person, the registration
387 must include a complete set of her or his fingerprints,
388 certified by an authorized law enforcement officer, and a valid
389 recent fullface photographic identification card of herself or
390 himself.
391 2. If the applicant is a partnership, all the partners must
392 make application for registration.
393 3. If the applicant is a corporation, the registration must
394 include the name and address of such corporation’s registered
395 agent for service of process in the state and a certified copy
396 of statement from the Secretary of State that the corporation is
397 duly organized in the state or, if the corporation is organized
398 in a state other than Florida, a certified copy of the statement
399 that the corporation is duly qualified to do business in this
400 state.
401 (d) In addition to maintaining workers’ compensation
402 insurance, each secondary metals recycler must maintain a
403 minimum of $100,000 general liability insurance coverage
404 throughout the registration period.
405 (e) A person applying for or renewing a local business tax
406 receipt to engage in business as a secondary metals recycler
407 must exhibit an active registration certificate from the
408 department before the local business tax receipt may be issued
409 or renewed.
410 (2) A secondary metals recycler’s registration shall be
411 conspicuously displayed at the place of business set forth on
412 the registration. A secondary metals recycler must allow
413 department personnel to enter the secondary metals recycler’s
414 place of business in order to verify that a registration is
415 valid. If department personnel are refused entry for this
416 purpose, the department may seek an inspection warrant as
417 provided for in chapter 933 to obtain compliance with this
418 requirement shall not dispose of property at any location until
419 any holding period has expired.
420 (3) The Department of Revenue may impose a civil fine of up
421 to $10,000 for each knowing and intentional violation of this
422 section, which fine shall be transferred into the General
423 Revenue Fund. If the fine is not paid within 60 days, the
424 department may bring a civil action under s. 120.69 to recover
425 the fine.
426 (3)(4) In addition to the penalties fine provided in s.
427 538.27 subsection (3), a registration under this section may be
428 denied or any registration granted may be revoked, restricted,
429 or suspended by the department if, after October 2, 1989, and
430 within a 10-year 24-month period immediately preceding such
431 denial, revocation, restriction, or suspension:
432 (a) The applicant or registrant, or an owner, officer,
433 director, or trustee of the applicant or registrant, has been
434 convicted of knowingly and intentionally:
435 1. Violating s. 538.20, or s. 538.21, or s. 538.26;
436 2. Engaging in a pattern of failing to keep records as
437 required by s. 538.19;
438 3. Making a material false statement in the application for
439 registration; or
440 4. Engaging in a fraudulent act in connection with any
441 purchase or sale of regulated metals property;
442 (b) The applicant or registrant, or an owner, officer,
443 director, or trustee of the applicant or registrant, has been
444 convicted of, or entered a plea of guilty or nolo contendere to,
445 a felony committed by the secondary metals recycler against the
446 laws of the state or of the United States involving theft,
447 larceny, dealing in stolen property, receiving stolen property,
448 burglary, embezzlement, obtaining property by false pretenses,
449 possession of altered property, or any felony drug offense or of
450 knowingly and intentionally violating the laws of the state
451 relating to registration as a secondary metals recycler; or
452 (c) The applicant has, after receipt of written notice from
453 the Department of Revenue of failure to pay sales tax, failed or
454 refused to pay, within 30 days after the secondary metals
455 recycler’s receipt of such written notice, any sales tax owed to
456 the Department of Revenue.
457 (4)(5) A denial of an application, or a revocation,
458 restriction, or suspension of a registration, by the department
459 shall be probationary for a period of 12 months in the event
460 that the secondary metals recycler subject to such action has
461 not had any other application for registration denied, or any
462 registration revoked, restricted, or suspended, by the
463 department within the previous 24-month period.
464 (a) If, during the 12-month probationary period, the
465 department does not again deny an application or revoke,
466 restrict, or suspend the registration of the secondary metals
467 recycler, the action of the department shall be dismissed and
468 the record of the secondary metals recycler cleared thereof.
469 (b) If, during the 12-month probationary period, the
470 department, for reasons other than those existing before prior
471 to the original denial or revocation, restriction, or
472 suspension, again denies an application or revokes, restricts,
473 or suspends the registration of the secondary metals recycler,
474 the probationary nature of such original action shall terminate
475 and both the original action of the department and the action of
476 the department causing the termination of the probationary
477 nature thereof shall immediately be reinstated against the
478 secondary metals recycler.
479 (5) The department shall suspend the registration or deny
480 the application for registration of a registrant or applicant if
481 the registrant or applicant or any of its owners, officers,
482 directors, or trustees have been convicted of a felony under s.
483 817.67, s. 817.705, or s. 817.806 immediately upon receiving
484 written verification of the conviction from a law enforcement
485 agency, court, or state attorney’s office or the Department of
486 Law Enforcement.
487 (6) Upon the request of a law enforcement official, the
488 department of Revenue shall release to the official the name and
489 address of any secondary metals recycler registered to do
490 business within the official’s jurisdiction.
491 Section 11. Subsection (1) and paragraph (b) of subsection
492 (5) of section 538.26, Florida Statutes, are amended to read:
493 538.26 Certain acts and practices prohibited.—It is
494 unlawful for a secondary metals recycler to do or allow any of
495 the following acts:
496 (1) Purchase regulated metals property, restricted
497 regulated metals property, or ferrous metals between the hours
498 of 7 p.m. and before 7 a.m. or any time on Sunday after 7 p.m.
499 (5)
500 (b) The purchase of any of the following regulated metals
501 property is subject to the restrictions provided in paragraph
502 (a):
503 1. A manhole cover.
504 2. A metal An electric light pole or other utility
505 structure and its fixtures, wires, and hardware that is are
506 readily identifiable as connected to a metal electric light the
507 utility structure.
508 3. A guard rail.
509 4. A street sign, traffic sign, or traffic signal and its
510 fixtures and hardware.
511 5. Communication, transmission, distribution, and service
512 wire from a utility, including copper or aluminum bus bars,
513 connectors, grounding plates, or grounding wire.
514 6. A funeral marker or funeral vase.
515 7. A historical marker.
516 8. Railroad equipment, including, but not limited to, a tie
517 plate, signal house, control box, switch plate, E clip, or rail
518 tie junction.
519 9. Any metal item that is observably marked upon reasonable
520 inspection with any form of the name, initials, or logo of a
521 governmental entity, utility company, cemetery, or railroad.
522 10. A copper, aluminum, or aluminum-copper condensing or
523 evaporator coil, including its tubing or rods, from an air
524 conditioning or heating unit, excluding coils from window air
525 conditioning or heating units and motor vehicle air-conditioning
526 or heating units.
527 11. An aluminum or stainless steel container or bottle
528 designed to hold propane for fueling forklifts.
529 12. A stainless steel beer keg.
530 13. A catalytic converter or any nonferrous part of a
531 catalytic converter unless purchased as part of a motor vehicle.
532 14. Metallic wire that has been burned in whole or in part
533 to remove insulation.
534 15. A brass or bronze commercial valve or fitting, referred
535 to as a “fire department connection and control valve” or an
536 “FDC valve,” that is commonly used on structures for access to
537 water for the purpose of extinguishing fires.
538 16. A brass or bronze commercial potable water backflow
539 preventer valve that is commonly used to prevent backflow of
540 potable water from commercial structures into municipal domestic
541 water service systems.
542 17. A shopping cart.
543 18. A brass water meter.
544 19. A storm grate.
545 20. A brass sprinkler head used in commercial agriculture.
546 21. Three or more than two lead-acid batteries, or any part
547 or component thereof, in a single purchase or from the same
548 individual in a single day.
549 Section 12. Section 538.27, Florida Statutes, is created to
550 read:
551 538.27 Administrative penalties.—
552 (1) Upon a determination that a violation of s. 538.19, s.
553 538.235, s. 538.25, or s. 538.26 has occurred, the department
554 may take one or more of the following actions:
555 (a) Issue a notice of noncompliance pursuant to s. 120.695.
556 (b) Impose an administrative fine up to $200 per violation,
557 but not to exceed $5,000 per inspection. Any fine collected
558 shall be deposited in the General Inspection Trust Fund. If a
559 fine is not paid within 60 days after imposition, the department
560 may bring a civil action under s. 120.69 to recover the fine.
561 (c) Direct that the secondary metals recycler cease and
562 desist specified activities.
563 (2) The administrative proceedings under this section that
564 could result in the entry of an order imposing any of the
565 penalties specified in this section shall be conducted in
566 accordance with chapter 120.
567 Section 13. Section 538.29, Florida Statutes, is created to
568 read:
569 538.29 Rulemaking authority.—The department may adopt rules
570 to implement this part. Such rules shall include tiered
571 penalties for violations of this part.
572 Section 14. For the 2015-2016 fiscal year, there is
573 appropriated to the Department of Agriculture and Consumer
574 Services, the sum of $263,223 in recurring and $187,532 in
575 nonrecurring funds from the General Revenue Fund, and four full
576 time equivalent positions with associated salary rate of 138,181
577 are authorized for the purpose of implementing this act.
578 Section 15. This act shall take effect July 1, 2015.