Bill Text: FL S0618 | 2015 | Regular Session | Introduced
Bill Title: Secondary Metals Recyclers
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Appropriations [S0618 Detail]
Download: Florida-2015-S0618-Introduced.html
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 dealeror109pursuant to s. 538.25 to a specified secondary metals recycler, 110 the department may disclose whether the specified person holds a 111 valid certificate,orwhether a specified certificate number is 112 valid,orwhether 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 mayshallnot 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 ServicesRevenue of the State of125Floridapursuant 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 ServicesRevenue. 131 (11) “Secondary metals recycler” means any person thatwho: 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 departmentof 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 thatwho164 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 departmentof Law Enforcementfor 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 departmentof 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 departmentof Law Enforcementas 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 sucha 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., and235 (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 thatwhoknowingly and intentionally: 254 1. Violates s. 538.20,ors. 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 thatwhocommits 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, orwhogives 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 thatwhohas 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 thatwho289 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. andA fee equal to the federal312and state costs for processing required fingerprintsmustbe 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), theseduplicate 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 locationspay a fee of $6 per location at the324time of registration and an annual renewal fee of $6 per325location on October 1 of each year. All fees collected, less326costs of administration,shall be transferred into the General 327 InspectionOperatingTrust 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. 370The department shall forward the full set of fingerprints to the371Department of Law Enforcement for state and federal processing,372provided the federal service is available, to be processed for373any criminal justice information as defined in s. 943.045. The374cost of processing such fingerprints shall be payable to the375Department of Law Enforcement by the department. The department376may issue a temporary registration to each location pending377completion of the background check by state and federal law378enforcement agencies but shall revoke such temporary379registration if the completed background check reveals a380prohibited criminal background. The Department of Law381Enforcement shall report its findings to the Department of382Revenue within 30 days after the date the fingerprints are383submitted 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 391recentfullface 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 identifiedset421forthon 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 427shall not dispose of property at any location until any holding428period has expired. 429(3) The Department of Revenue may impose a civil fine of up430to $10,000 for each knowing and intentional violation of this431section, which fine shall be transferred into the General432Revenue Fund. If the fine is not paid within 60 days, the433department may bring a civil action under s. 120.69 to recover434the fine.435 (3)(4)In addition to the penaltiesfineprovided in s. 436 538.27subsection (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-year24-monthperiod 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, washas444beenconvicted of knowingly and intentionally: 445 1. Violating s. 538.20,ors. 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, washas454beenconvicted of, or entered a plea of guilty or nolo 455 contendere to, a felonycommitted by the secondary metals456recycleragainst 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 applicanthas, 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 beforeprior482tothe 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 departmentof Revenueshall 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. andbefore7 a.m. or at any time on Sundayafter 7511p.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 metalAnelectric light poleor other utility518structureand its fixtures,wires,and hardware that isare519 readily identifiable as connected to a metal electric lightthe520utilitystructure. 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 morethan twolead-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.