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The Florida Senate

2011 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 538 SECONDHAND DEALERS AND SECONDARY METALS RECYCLERS Entire Chapter
SECTION 19
Records required.
F.S. 538.19
538.19 Records required.—
(1) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party.
(2) The following information must be maintained on a form approved by the Department of Law Enforcement for each purchase transaction:
(a) The name and address of the secondary metals recycler.
(b) The name, initials, or other identification of the individual entering the information on the ticket.
(c) The date and time of the transaction.
(d) The weight, quantity, or volume, and a description of the type of regulated metals property purchased in a purchase transaction.
(e) The amount of consideration given in a purchase transaction for the regulated metals property.
(f) A signed statement from the person delivering the regulated metals property stating that she or he is the rightful owner of, or is entitled to sell, the regulated metals property being sold. If the purchase involves a stainless steel beer keg, the seller must provide written documentation from the manufacturer that the seller is the owner of the stainless steel beer keg or is an employee or agent of the manufacturer.
(g) The distinctive number from the personal identification card of the person delivering the regulated metals property to the secondary metals recycler.
(h) A description of the person from whom the goods were acquired, including:
1. Full name, current residential address, workplace, and home and work phone numbers.
2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks.
3. The right thumbprint, free of smudges and smears.
4. Vehicle description to include the make, model, and tag number of the vehicle and trailer of the person selling the regulated metals property.
5. Any other information required by the form approved by the Department of Law Enforcement.
(i) A photograph, videotape, or digital image of the regulated metals being sold.
(j) A photograph, videotape, or similar likeness of the person receiving consideration in which such person’s facial features are clearly visible.
(3) Any secondary metals recycler that maintains an electronic database containing the information required in paragraph (2)(h), along with an oath of ownership with a signature of the seller of the secondary metals being purchased by the secondary metals recycler and a right thumbprint that has no smudges and smears on the oath of ownership for each purchase transaction, shall be exempt from the records requirement of paragraph (2)(h). A secondary metals recycler complies with the requirements of this section if it maintains an electronic database containing the information required by paragraph (2)(h) as long as the electronic information required by paragraph (2)(h), along with an electronic oath of ownership with an electronic signature of the seller of the secondary metals being purchased by the secondary metals recyclers and an electronic image of the seller’s right thumbprint that has no smudges and smears, can be downloaded onto a paper form in the image of the form approved by the Department of Law Enforcement as provided in subsection (2).
(4) A secondary metals recycler shall maintain or cause to be maintained the information required by this section for not less than 5 years from the date of the purchase transaction.
(5) If a purchase transaction involves the transfer of regulated metals property from a secondary metals recycler registered with the department to another secondary metals recycler registered with the department, the secondary metals recycler receiving the regulated metals property shall record the name and address of the secondary metals recycler from which it received the regulated metals property in lieu of the requirements of paragraph (2)(h).
History.—s. 2, ch. 89-533; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 748, ch. 97-103; s. 2, ch. 2008-69.