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.