Florida Senate - 2015                                     SB 618
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00404-15                                            2015618__
    1                        A bill to be entitled                      
    2         An act relating to secondary metals recyclers;
    3         transferring administration of part II of chapter 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. 213.053, F.S.; authorizing the Department
    9         of Revenue to share certain confidential information
   10         with the Department of Agriculture and Consumer
   11         Services; amending ss. 319.30, 538.18, and 538.19,
   12         F.S.; conforming provisions to changes made by the
   13         act; amending s. 538.20, F.S.; authorizing specified
   14         persons to inspect regulated metals property and
   15         records; amending s. 538.21, F.S.; prohibiting a
   16         secondary metals recycler from disposing of certain
   17         property for a specified period; amending s. 538.23,
   18         F.S.; revising violations subject to criminal
   19         penalties; amending s. 538.25, F.S.; revising
   20         application requirements for registration as a
   21         secondary metals recycler; revising registration fees;
   22         requiring such fees to be transferred into the General
   23         Inspection Trust Fund; requiring applicants to submit
   24         fingerprints and pay a fee for fingerprint processing
   25         and retention; providing for the submission,
   26         retention, and use of collected fingerprints;
   27         requiring secondary metals recyclers to maintain
   28         specified insurance coverage; authorizing the
   29         department to suspend the registration or eligibility
   30         for registration of a secondary metal recycler that
   31         does not maintain the required coverage; requiring
   32         secondary metals recyclers to exhibit active
   33         registration certificates from the Department of
   34         Agriculture and Consumer Services before applying for
   35         or renewing a local business tax receipt; requiring
   36         secondary metals recyclers to allow department
   37         personnel to enter certain places of business for a
   38         specified purpose; authorizing the department to seek
   39         a warrant if such access is denied; revising penalties
   40         for noncompliance; requiring the department to suspend
   41         certain registrations or applications for registration
   42         under certain circumstances; amending s. 538.26, F.S.;
   43         prohibiting secondary metals recyclers from purchasing
   44         regulated metals property, restricted regulated metals
   45         property, or ferrous metals between certain hours or
   46         on Sundays; prohibiting the purchase of specified
   47         restricted regulated metals property without obtaining
   48         certain proof of the seller’s ownership of, or
   49         authority to sell, the regulated metals property;
   50         revising the number of lead-acid batteries purchased
   51         in a single purchase by the same individual in a
   52         single day which makes a purchase subject to certain
   53         restrictions; creating s. 538.27, F.S.; providing
   54         penalties for noncompliance; creating s. 538.29, F.S.;
   55         authorizing the department to adopt rules; providing
   56         an 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. Paragraph (cc) is added to subsection (8) of
   87  section 213.053, Florida Statutes, and subsection (11) of that
   88  section is amended, to read:
   89         213.053 Confidentiality and information sharing.—
   90         (8) Notwithstanding any other provision of this section,
   91  the department may provide:
   92         (cc) Information relative to chapter 212 and part II of
   93  chapter 538 to the Department of Agriculture and Consumer
   94  Services in the conduct of its official duties.
   95  
   96  Disclosure of information under this subsection shall be
   97  pursuant to a written agreement between the executive director
   98  and the agency. Such agencies, governmental or nongovernmental,
   99  shall be bound by the same requirements of confidentiality as
  100  the Department of Revenue. Breach of confidentiality is a
  101  misdemeanor of the first degree, punishable as provided by s.
  102  775.082 or s. 775.083.
  103         (11) Notwithstanding any other provision of this section,
  104  with respect to a request for verification of a certificate of
  105  registration issued pursuant to s. 212.18 to a specified dealer
  106  or taxpayer or with respect to a request by a law enforcement
  107  officer for verification of a certificate of registration issued
  108  pursuant to s. 538.09 to a specified secondhand dealer or
  109  pursuant to s. 538.25 to a specified secondary metals recycler,
  110  the department may disclose whether the specified person holds a
  111  valid certificate, or whether a specified certificate number is
  112  valid, or whether a specified certificate number has been
  113  canceled or is inactive or invalid, and the name of the holder
  114  of the certificate. This subsection may shall not be construed
  115  to create a duty to request verification of any certificate of
  116  registration.
  117         Section 3. Paragraph (b) of subsection (1) of section
  118  319.30, Florida Statutes, is amended to read:
  119         319.30 Definitions; dismantling, destruction, change of
  120  identity of motor vehicle or mobile home; salvage.—
  121         (1) As used in this section, the term:
  122         (b) “Certificate of registration number” means the
  123  certificate of registration number issued by the Department of
  124  Agriculture and Consumer Services Revenue of the State of
  125  Florida pursuant to s. 538.25.
  126         Section 4. Subsections (2) and (11) of section 538.18,
  127  Florida Statutes, are amended to read:
  128         538.18 Definitions.—As used in this part, the term:
  129         (2) “Department” means the Department of Agriculture and
  130  Consumer Services Revenue.
  131         (11) “Secondary metals recycler” means any person that who:
  132         (a) Is engaged, from a fixed location, in the business of
  133  purchase transactions or gathering or obtaining ferrous or
  134  nonferrous metals that have served their original economic
  135  purpose or is in the business of performing the manufacturing
  136  process by which ferrous metals or nonferrous metals are
  137  converted into raw material products consisting of prepared
  138  grades and having an existing or potential economic value; or
  139         (b) Has facilities for performing the manufacturing process
  140  by which ferrous metals or nonferrous metals are converted into
  141  raw material products consisting of prepared grades and having
  142  an existing or potential economic value, other than by the
  143  exclusive use of hand tools, by methods including, without
  144  limitation, processing, sorting, cutting, classifying, cleaning,
  145  baling, wrapping, shredding, shearing, or changing the physical
  146  form or chemical content thereof.
  147         Section 5. Subsections (1), (2), and (3) of section 538.19,
  148  Florida Statutes, are amended to read:
  149         538.19 Records required; limitation of liability.—
  150         (1) A secondary metals recycler shall maintain a legible
  151  paper record of all purchase transactions to which such
  152  secondary metals recycler is a party. A secondary metals
  153  recycler shall also maintain a legible electronic record, in the
  154  English language, of all such purchase transactions. The
  155  appropriate law enforcement official may provide data
  156  specifications regarding the electronic record format, but such
  157  format must be approved by the department of Law Enforcement. An
  158  electronic record of a purchase transaction shall be
  159  electronically transmitted to the appropriate law enforcement
  160  official no later than 10 a.m. of the business day following the
  161  date of the purchase transaction. The record transmitted to the
  162  appropriate law enforcement official must not contain the price
  163  paid for the items. A secondary metals recycler that who
  164  transmits such records electronically is not required to also
  165  deliver the original or paper copies of the transaction forms to
  166  the appropriate law enforcement official. However, such official
  167  may, for purposes of a criminal investigation, request the
  168  secondary metals recycler to make available the original
  169  transaction form that was electronically transmitted. This
  170  original transaction form must include the price paid for the
  171  items. The secondary metals recycler shall make the form
  172  available to the appropriate law enforcement official within 24
  173  hours after receipt of the request.
  174         (2) The following information must be maintained on the
  175  form approved by the department of Law Enforcement for each
  176  purchase transaction:
  177         (a) The name and address of the secondary metals recycler.
  178         (b) The name, initials, or other identification of the
  179  individual entering the information on the ticket.
  180         (c) The date and time of the transaction.
  181         (d) The weight, quantity, or volume, and a description of
  182  the type of regulated metals property purchased in a purchase
  183  transaction.
  184         (e) The amount of consideration given in a purchase
  185  transaction for the regulated metals property.
  186         (f) A signed statement from the person delivering the
  187  regulated metals property stating that she or he is the rightful
  188  owner of, or is entitled to sell, the regulated metals property
  189  being sold. If the purchase involves a stainless steel beer keg,
  190  the seller must provide written documentation from the
  191  manufacturer that the seller is the owner of the stainless steel
  192  beer keg or is an employee or agent of the manufacturer.
  193         (g) The distinctive number from the personal identification
  194  card of the person delivering the regulated metals property to
  195  the secondary metals recycler.
  196         (h) A description of the person from whom the regulated
  197  metals property was acquired, including:
  198         1. Full name, current residential address, workplace, and
  199  home and work phone numbers.
  200         2. Height, weight, date of birth, race, gender, hair color,
  201  eye color, and any other identifying marks.
  202         3. The right thumbprint, free of smudges and smears.
  203         4. Vehicle description to include the make, model, and tag
  204  number of the vehicle and trailer of the person selling the
  205  regulated metals property.
  206         5. Any other information required by the form approved by
  207  the department of Law Enforcement.
  208         (i) A photograph, videotape, or digital image of the
  209  regulated metals being sold.
  210         (j) A photograph, videotape, or similar likeness of the
  211  person receiving consideration in which such person’s facial
  212  features are clearly visible.
  213         (3) A secondary metals recycler complies with the
  214  requirements of this section if it maintains an electronic
  215  database containing the information required by subsection (2)
  216  as long as the electronic information required by subsection
  217  (2), along with an electronic oath of ownership with an
  218  electronic signature of the seller of the secondary metals being
  219  purchased by the secondary metals recyclers and an electronic
  220  image of the seller’s right thumbprint that has no smudges and
  221  smears, can be downloaded onto a paper form in the image of the
  222  form approved by the department of Law Enforcement as provided
  223  in subsection (2).
  224         Section 6. Section 538.20, Florida Statutes, is amended to
  225  read:
  226         538.20 Inspection of regulated metals property and
  227  records.—During the usual and customary business hours of a
  228  secondary metals recycler, a law enforcement officer or employee
  229  of the department who is a nonsworn trained regulatory
  230  investigator shall, after properly identifying herself or
  231  himself as such a law enforcement officer, have the right to
  232  inspect:
  233         (1) Any and all purchased regulated metals property in the
  234  possession of the secondary metals recycler., and
  235         (2) Any and all records required to be maintained under s.
  236  538.19.
  237         Section 7. Subsection (3) of section 538.21, Florida
  238  Statutes, is amended to read:
  239         538.21 Hold notice.—
  240         (3) A secondary metals recycler may not dispose of any
  241  property identified by a hold notice or extended hold notice
  242  until the applicable hold period expires. At the expiration of
  243  the hold period or, if extended in accordance with this section,
  244  at the expiration of the extended hold period, the hold is
  245  automatically released and the secondary metals recycler may
  246  dispose of the regulated metals property unless other
  247  disposition has been ordered by a court of competent
  248  jurisdiction.
  249         Section 8. Subsection (1), (3), (4), and (5) of section
  250  538.23, Florida Statutes, are amended to read:
  251         538.23 Violations and penalties.—
  252         (1)(a) Except as provided in paragraph (b), a secondary
  253  metals recycler that who knowingly and intentionally:
  254         1. Violates s. 538.20, or s. 538.21, or s. 538.26;
  255         2. Engages in a pattern of failing to keep records required
  256  by s. 538.19;
  257         3. Violates s. 538.26(2); or
  258         4. Violates s. 538.235,
  259  
  260  commits a felony of the third degree, punishable as provided in
  261  s. 775.082, s. 775.083, or s. 775.084.
  262         (b) A secondary metals recycler that who commits a third or
  263  subsequent violation of paragraph (a) commits a felony of the
  264  second degree, punishable as provided in s. 775.082, s. 775.083,
  265  or s. 775.084.
  266         (3) Any person who knowingly provides false information,
  267  gives false verification of ownership, or who gives a false or
  268  altered identification and who receives money or other
  269  consideration from a secondary metals recycler in return for
  270  regulated metals property commits:
  271         (a) A felony of the third degree, punishable as provided in
  272  s. 775.082, s. 775.083, or s. 775.084, if the value of the money
  273  or other consideration received is less than $300.
  274         (b) A felony of the second degree, punishable as provided
  275  in s. 775.082, s. 775.083, or s. 775.084, if the value of the
  276  money or other consideration received is $300 or more or if the
  277  money or other consideration received is for restricted
  278  regulated metals.
  279         (4) If a lawful owner recovers stolen regulated metals
  280  property from a secondary metals recycler that who has complied
  281  with this part, and the person who sold the regulated metals
  282  property to the secondary metals recycler is convicted of theft,
  283  a violation of this section, or dealing in stolen property, the
  284  court shall order the defendant to make full restitution,
  285  including, without limitation, attorneys’ fees, court costs, and
  286  other expenses to the secondary metals recycler pursuant to s.
  287  775.089.
  288         (5) A person acting as a secondary metals recycler that who
  289  is not registered with the department under s. 538.25 commits a
  290  felony of the third degree, punishable as provided in s.
  291  775.082, s. 775.083, or s. 775.084.
  292         Section 9. Section 538.25, Florida Statutes, is amended to
  293  read:
  294         538.25 Registration; renewal.—
  295         (1) A person may not engage in business as a secondary
  296  metals recycler at any location without registering with the
  297  department on an application form prescribed by the department.
  298  An application for registration must state the full name of the
  299  applicant, the physical address where business will be
  300  conducted, and any other relevant information required by the
  301  department. If the applicant is not an individual, the
  302  application must state the full name and address of each direct
  303  or beneficial owner of at least a 10 percent equity interest in
  304  the business. If the applicant is a corporation, the application
  305  must state the full name and address of each officer and
  306  director of the corporation. The department shall accept
  307  applications only from a fixed business address. The department
  308  may not accept an application that provides an address of a
  309  hotel room or motel room, a vehicle, or a post office box.
  310         (a) Fingerprint fees shall be assessed and paid as
  311  specified in subparagraph (b)2. and A fee equal to the federal
  312  and state costs for processing required fingerprints must be
  313  submitted to the department with each application for
  314  registration. One application is required for each secondary
  315  metals recycler. If a secondary metals recycler is the owner of
  316  more than one secondary metals recycling location, the
  317  application must list each location, and the department shall
  318  issue a duplicate registration for each location. For purposes
  319  of subsections (3) and, (4), and (5), these duplicate
  320  registrations shall be deemed individual registrations. A
  321  secondary metals recycler shall remit an annual registration fee
  322  of $350 to the department at the time of registration for each
  323  of its business locations pay a fee of $6 per location at the
  324  time of registration and an annual renewal fee of $6 per
  325  location on October 1 of each year. All fees collected, less
  326  costs of administration, shall be transferred into the General
  327  Inspection Operating Trust Fund.
  328         (b)1. An applicant must submit a full set of fingerprints
  329  to the department or to a vendor, entity, or agency authorized
  330  by s. 943.053(13). The department, vendor, entity, or agency
  331  shall forward the fingerprints to the Department of Law
  332  Enforcement for state processing, and the Department of Law
  333  Enforcement shall forward the fingerprints to the Federal Bureau
  334  of Investigation for national processing.
  335         2. Fees for state and federal fingerprint processing and
  336  retention shall be borne by the applicant. The state cost for
  337  fingerprint processing shall be as provided in s. 943.053(3)(b)
  338  for records provided to persons or entities other than those
  339  specified as exceptions therein.
  340         3. Fingerprints submitted to the Department of Law
  341  Enforcement pursuant to this paragraph shall be retained by the
  342  Department of Law Enforcement as provided in s. 943.05(2)(g) and
  343  (h) and, when the Department of Law Enforcement begins
  344  participation in the program, enrolled in the Federal Bureau of
  345  Investigation’s national retained print arrest notification
  346  program. The fingerprints shall be submitted to the Department
  347  of Law Enforcement for a state criminal history record check and
  348  to the Federal Bureau of Investigation for a national criminal
  349  history check. Any arrest record identified shall be reported to
  350  the department.
  351         4. For a renewal of an applicant’s registration, the
  352  department shall request the Department of Law Enforcement to
  353  forward his or her retained fingerprints to the Federal Bureau
  354  of Investigation unless they are enrolled in the national
  355  retained print arrest notification program as described in
  356  subparagraph 3. The fee for the national criminal history check
  357  shall be recovered from the applicant as part of the
  358  department’s registration renewal fee and shall be forwarded by
  359  the department to the Department of Law Enforcement upon
  360  receipt. If an applicant’s fingerprints are retained in the
  361  national notification program, the applicant must pay the state
  362  and national retention fees to the department, which shall
  363  forward them to the Department of Law Enforcement.
  364         5. The department shall notify the Department of Law
  365  Enforcement regarding a person whose fingerprints have been
  366  retained but who is no longer registered under this chapter.
  367         6. The department shall consider the background screening
  368  results in determining whether an applicant meets registration
  369  or registration renewal requirements.
  370  The department shall forward the full set of fingerprints to the
  371  Department of Law Enforcement for state and federal processing,
  372  provided the federal service is available, to be processed for
  373  any criminal justice information as defined in s. 943.045. The
  374  cost of processing such fingerprints shall be payable to the
  375  Department of Law Enforcement by the department. The department
  376  may issue a temporary registration to each location pending
  377  completion of the background check by state and federal law
  378  enforcement agencies but shall revoke such temporary
  379  registration if the completed background check reveals a
  380  prohibited criminal background. The Department of Law
  381  Enforcement shall report its findings to the Department of
  382  Revenue within 30 days after the date the fingerprints are
  383  submitted for criminal justice information.
  384         (c) An applicant for a secondary metals recycler
  385  registration must be a natural person who has reached the age of
  386  18 years or a corporation organized or qualified to do business
  387  in the state.
  388         1. If the applicant is a natural person, the registration
  389  must include a complete set of her or his fingerprints,
  390  certified by an authorized law enforcement officer, and a valid
  391  recent fullface photographic identification card of herself or
  392  himself.
  393         2. If the applicant is a partnership, all the partners must
  394  make application for registration.
  395         3. If the applicant is a corporation, the registration must
  396  include the name and address of such corporation’s registered
  397  agent for service of process in the state and a certified copy
  398  of statement from the Secretary of State that the corporation is
  399  duly organized in the state or, if the corporation is organized
  400  in a state other than Florida, a certified copy of the statement
  401  that the corporation is duly qualified to do business in this
  402  state.
  403         (d) Each secondary metals recycler shall maintain workers’
  404  compensation insurance and general liability insurance coverage
  405  throughout the registration period as required by the department
  406  by rule and shall provide the department with written evidence
  407  of such coverage as a condition of registration with the
  408  department under this section. Failure to maintain such coverage
  409  constitutes an immediate threat to the public health, safety,
  410  and welfare, and the department may immediately suspend the
  411  registration or eligibility for registration of a noncompliant
  412  secondary metals recycler, which must immediately cease
  413  operating in this state.
  414         (e) A person applying for or renewing a local business tax
  415  receipt to engage in business as a secondary metals recycler
  416  must exhibit an active registration certificate from the
  417  department before the local business tax receipt may be issued
  418  or renewed pursuant to s. 205.194.
  419         (2) A secondary metals recycler’s registration shall be
  420  conspicuously displayed at the place of business identified set
  421  forth on the registration. A secondary metals recycler shall
  422  allow department personnel to enter its place of business in
  423  order to verify that it has displayed a valid registration. If a
  424  secondary metals recycler refuses to grant department personnel
  425  entry for this purpose, the department may seek a warrant from a
  426  court of competent jurisdiction authorizing such inspection
  427  shall not dispose of property at any location until any holding
  428  period has expired.
  429         (3) The Department of Revenue may impose a civil fine of up
  430  to $10,000 for each knowing and intentional violation of this
  431  section, which fine shall be transferred into the General
  432  Revenue Fund. If the fine is not paid within 60 days, the
  433  department may bring a civil action under s. 120.69 to recover
  434  the fine.
  435         (3)(4) In addition to the penalties fine provided in s.
  436  538.27 subsection (3), registration or registration renewal
  437  under this section may be denied or any registration granted may
  438  be revoked, restricted, or suspended by the department if, after
  439  October 2, 1989, and within a 10-year 24-month period
  440  immediately preceding such denial, revocation, restriction, or
  441  suspension:
  442         (a) The applicant or registrant, or an owner, officer,
  443  director, or trustee of the applicant or registrant, was has
  444  been convicted of knowingly and intentionally:
  445         1. Violating s. 538.20, or s. 538.21, or s. 538.26;
  446         2. Engaging in a pattern of failing to keep records as
  447  required by s. 538.19;
  448         3. Making a material false statement in the application for
  449  registration; or
  450         4. Engaging in a fraudulent act in connection with any
  451  purchase or sale of regulated metals property;
  452         (b) The applicant or registrant, or an owner, officer,
  453  director, or trustee of the applicant or registrant, was has
  454  been convicted of, or entered a plea of guilty or nolo
  455  contendere to, a felony committed by the secondary metals
  456  recycler against the laws of the state or of the United States
  457  involving theft, larceny, dealing in stolen property, receiving
  458  stolen property, burglary, embezzlement, obtaining property by
  459  false pretenses, possession of altered property, or any felony
  460  drug offense or of knowingly and intentionally violating the
  461  laws of the state relating to registration as a secondary metals
  462  recycler; or
  463         (c) The applicant has, after receipt of written notice from
  464  the Department of Revenue of failure to pay sales tax, failed or
  465  refused to pay, within 30 days after the secondary metals
  466  recycler’s receipt of such written notice, any sales tax owed to
  467  the Department of Revenue.
  468         (4)(5) A denial of an application, or a revocation,
  469  restriction, or suspension of a registration, by the department
  470  shall be probationary for a period of 12 months in the event
  471  that the secondary metals recycler subject to such action has
  472  not had any other application for registration denied, or any
  473  registration revoked, restricted, or suspended, by the
  474  department within the previous 24-month period.
  475         (a) If, during the 12-month probationary period, the
  476  department does not again deny an application or revoke,
  477  restrict, or suspend the registration of the secondary metals
  478  recycler, the action of the department shall be dismissed and
  479  the record of the secondary metals recycler cleared thereof.
  480         (b) If, during the 12-month probationary period, the
  481  department, for reasons other than those existing before prior
  482  to the original denial or revocation, restriction, or
  483  suspension, again denies an application or revokes, restricts,
  484  or suspends the registration of the secondary metals recycler,
  485  the probationary nature of such original action shall terminate
  486  and both the original action of the department and the action of
  487  the department causing the termination of the probationary
  488  nature thereof shall immediately be reinstated against the
  489  secondary metals recycler.
  490         (5) The department shall suspend a registration or deny an
  491  application for registration if the registrant or applicant, or
  492  any of the owners, officers, directors, or trustees of the
  493  registrant or applicant, has been convicted of a felony under
  494  chapter 812 or chapter 817. The department shall suspend such
  495  registration or application immediately upon receiving written
  496  verification of the conviction from a law enforcement agency, a
  497  court, a state attorney’s office, or the Department of Law
  498  Enforcement.
  499         (6) Upon the request of a law enforcement official, the
  500  department of Revenue shall release to the official the name and
  501  address of any secondary metals recycler registered to do
  502  business within the official’s jurisdiction.
  503         Section 10. Subsection (1) and paragraph (b) of subsection
  504  (5) of section 538.26, Florida Statutes, are amended to read:
  505         538.26 Certain acts and practices prohibited.—It is
  506  unlawful for a secondary metals recycler to do or allow any of
  507  the following acts:
  508         (1) Purchase regulated metals property, restricted
  509  regulated metals property, or ferrous metals between the hours
  510  of 7 p.m. and before 7 a.m. or at any time on Sunday after 7
  511  p.m.
  512         (5)
  513         (b) The purchase of any of the following regulated metals
  514  property is subject to the restrictions provided in paragraph
  515  (a):
  516         1. A manhole cover.
  517         2. A metal An electric light pole or other utility
  518  structure and its fixtures, wires, and hardware that is are
  519  readily identifiable as connected to a metal electric light the
  520  utility structure.
  521         3. A guard rail.
  522         4. A street sign, traffic sign, or traffic signal and its
  523  fixtures and hardware.
  524         5. Communication, transmission, distribution, and service
  525  wire from a utility, including copper or aluminum bus bars,
  526  connectors, grounding plates, or grounding wire.
  527         6. A funeral marker or funeral vase.
  528         7. A historical marker.
  529         8. Railroad equipment, including, but not limited to, a tie
  530  plate, signal house, control box, switch plate, E clip, or rail
  531  tie junction.
  532         9. Any metal item that is observably marked upon reasonable
  533  inspection with any form of the name, initials, or logo of a
  534  governmental entity, utility company, cemetery, or railroad.
  535         10. A copper, aluminum, or aluminum-copper condensing or
  536  evaporator coil, including its tubing or rods, from an air
  537  conditioning or heating unit, excluding coils from window air
  538  conditioning or heating units and motor vehicle air-conditioning
  539  or heating units.
  540         11. An aluminum or stainless steel container or bottle
  541  designed to hold propane for fueling forklifts.
  542         12. A stainless steel beer keg.
  543         13. A catalytic converter or any nonferrous part of a
  544  catalytic converter unless purchased as part of a motor vehicle.
  545         14. Metallic wire that has been burned in whole or in part
  546  to remove insulation.
  547         15. A brass or bronze commercial valve or fitting, referred
  548  to as a “fire department connection and control valve” or an
  549  “FDC valve,” that is commonly used on structures for access to
  550  water for the purpose of extinguishing fires.
  551         16. A brass or bronze commercial potable water backflow
  552  preventer valve that is commonly used to prevent backflow of
  553  potable water from commercial structures into municipal domestic
  554  water service systems.
  555         17. A shopping cart.
  556         18. A brass water meter.
  557         19. A storm grate.
  558         20. A brass sprinkler head used in commercial agriculture.
  559         21. Three or more than two lead-acid batteries, or any part
  560  or component thereof, in a single purchase or from the same
  561  individual in a single day.
  562         Section 11. Section 538.27, Florida Statutes, is created to
  563  read:
  564         538.27 Administrative penalties.—The department may take
  565  one or more of the following actions against a secondary metals
  566  recycler found to be in violation of s. 538.19, s. 538.235, s.
  567  538.25, or s. 538.26:
  568         (1) Issuance of a notice of noncompliance pursuant to s.
  569  120.695.
  570         (2) Imposition of an administrative fine of up to $200 per
  571  violation, not to exceed $5,000 per inspection. Collected fines
  572  shall be deposited in the General Inspection Trust Fund. If a
  573  fine is not paid within 60 days after imposition, the department
  574  may bring a civil action under s. 120.69 to recover the fine.
  575         (3) Issuing a directive to the secondary metals recycler to
  576  cease and desist specified activities.
  577  
  578  Administrative proceedings initiated under this section shall be
  579  conducted in accordance with chapter 120.
  580         Section 12. Section 538.29, Florida Statutes, is created to
  581  read:
  582         538.29 Rulemaking authority.—The department may adopt rules
  583  to implement this part. Such rules shall include tiered
  584  penalties for violations of this part.
  585         Section 13. This act shall take effect July 1, 2015.