Bill Text: FL S0622 | 2011 | Regular Session | Comm Sub
Bill Title: Secondhand Dealers and Secondary Metals Recyclers
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0622 Detail]
Download: Florida-2011-S0622-Comm_Sub.html
Florida Senate - 2011 CS for SB 622
By the Committee on Commerce and Tourism; and Senator Hays
577-04376-11 2011622c1
1 A bill to be entitled
2 An act relating to secondhand dealers and secondary
3 metals recyclers; amending ss. 538.03 and 538.18,
4 F.S.; defining the term “appropriate law enforcement
5 official”; amending s. 538.04, F.S.; clarifying a
6 provision requiring that the secondhand dealers
7 transaction form be delivered to the appropriate law
8 enforcement official; amending s. 538.19, F.S.;
9 requiring that a secondary metals recycler complete a
10 transaction form and transmit it to the appropriate
11 law enforcement official within 24 hours after the
12 acquisition of regulated metals; authorizing such
13 recyclers to use an electronic database and transmit
14 transaction forms electronically; providing for
15 appropriate law enforcement officials to provide
16 software and computer equipment to recyclers;
17 requiring that a recycler produce an original form in
18 certain situations; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (j) is added to subsection (1) of
23 section 538.03, Florida Statutes, to read:
24 538.03 Definitions; applicability.—
25 (1) As used in this part, the term:
26 (j) “Appropriate law enforcement official” means the
27 sheriff of the county in which a secondhand dealer is located
28 or, in the case of a secondhand dealer located within a
29 municipality, the police chief of the municipality in which the
30 secondhand dealer is located; however, any sheriff or police
31 chief may designate as the appropriate law enforcement official
32 for the county or municipality, as applicable, any law
33 enforcement officer working within the county or municipality
34 headed by that sheriff or police chief. This paragraph does not
35 limit the power and responsibilities of the sheriff.
36 Section 2. Subsection (1) of section 538.04, Florida
37 Statutes, is amended to read:
38 538.04 Recordkeeping requirements; penalties.—
39 (1) Secondhand dealers shall complete a secondhand dealers
40 transaction form at the time of the actual transaction. A
41 secondhand dealer shall maintain a copy of a completed
42 transaction form on the registered premises for at least 1 year
43 after the date of the transaction. However, the secondhand
44 dealer shall maintain a copy of the transaction form for not
45 less than 3 years. Unless other arrangements have been agreed
46 upon by the secondhand dealer and the appropriate law
47 enforcement agency, the secondhand dealer shall, within 24 hours
48 after the acquisition of any secondhand goods, deliver to the
49 appropriate law enforcement official police department of the
50 municipality where the goods were acquired or, if the goods were
51 acquired outside of a municipality, to the sheriff’s department
52 of the county where the goods were acquired, a record of the
53 transaction on a form approved by the Department of Law
54 Enforcement. Such record shall contain:
55 (a) The time, date, and place of the transaction.
56 (b) A complete and accurate description of the goods
57 acquired, including the following information, if applicable:
58 1. Brand name.
59 2. Model number.
60 3. Manufacturer’s serial number.
61 4. Size.
62 5. Color, as apparent to the untrained eye.
63 6. Precious metal type, weight, and content if known.
64 7. Gemstone description, including the number of stones, if
65 applicable.
66 8. In the case of firearms, the type of action, caliber or
67 gauge, number of barrels, barrel length, and finish.
68 9. Any other unique identifying marks, numbers, or letters.
69 (c) A description of the person from whom the goods were
70 acquired, including:
71 1. Full name, current residential address, workplace, and
72 home and work phone numbers.
73 2. Height, weight, date of birth, race, gender, hair color,
74 eye color, and any other identifying marks.
75 3. The right thumbprint, free of smudges and smears, of the
76 person from whom the goods were acquired.
77 (d) Any other information required by the form approved by
78 the Department of Law Enforcement.
79 Section 3. Subsection (10) is added to section 538.18,
80 Florida Statutes, to read:
81 538.18 Definitions.—As used in this part, the term:
82 (10) “Appropriate law enforcement official” means the
83 sheriff of the county in which a secondary metals recycler is
84 located or, in the case of a secondary metals recycler located
85 within a municipality, the police chief of the municipality in
86 which the secondary metals recycler is located; however, any
87 sheriff or police chief may designate as the appropriate law
88 enforcement official for the county or municipality, as
89 applicable, any law enforcement officer working within the
90 county or municipality headed by that sheriff or police chief.
91 This subsection does not limit the power and responsibilities of
92 the sheriff.
93 Section 4. Section 538.19, Florida Statutes, is amended to
94 read:
95 538.19 Records required.—
96 (1) A secondary metals recycler shall complete a
97 transaction form at the time of the actual transaction. Unless
98 other arrangements have been agreed upon, the secondary metals
99 recycler shall, within 24 hours after acquiring the regulated
100 metals, deliver to the appropriate law enforcement official a
101 record of the transaction on a form approved by the Department
102 of Law Enforcement. The recycler shall also maintain a legible
103 record of all purchase transactions to which the such secondary
104 metals recycler is a party.
105 (2) The following information must be maintained on the a
106 form approved by the Department of Law Enforcement for each
107 purchase transaction:
108 (a) The name and address of the secondary metals recycler.
109 (b) The name, initials, or other identification of the
110 individual entering the information on the ticket.
111 (c) The date and time of the transaction.
112 (d) The weight, quantity, or volume, and a description of
113 the type of regulated metals property purchased in a purchase
114 transaction.
115 (e) The amount of consideration given in a purchase
116 transaction for the regulated metals property.
117 (f) A signed statement from the person delivering the
118 regulated metals property stating that she or he is the rightful
119 owner of, or is entitled to sell, the regulated metals property
120 being sold. If the purchase involves a stainless steel beer keg,
121 the seller must provide written documentation from the
122 manufacturer that the seller is the owner of the stainless steel
123 beer keg or is an employee or agent of the manufacturer.
124 (g) The distinctive number from the personal identification
125 card of the person delivering the regulated metals property to
126 the secondary metals recycler.
127 (h) A description of the person from whom the goods were
128 acquired, including:
129 1. Full name, current residential address, workplace, and
130 home and work phone numbers.
131 2. Height, weight, date of birth, race, gender, hair color,
132 eye color, and any other identifying marks.
133 3. The right thumbprint, free of smudges and smears.
134 4. Vehicle description to include the make, model, and tag
135 number of the vehicle and trailer of the person selling the
136 regulated metals property.
137 5. Any other information required by the form approved by
138 the Department of Law Enforcement.
139 (i) A photograph, videotape, or digital image of the
140 regulated metals being sold.
141 (j) A photograph, videotape, or similar likeness of the
142 person receiving consideration in which such person’s facial
143 features are clearly visible.
144 (3) Any secondary metals recycler may, with the approval of
145 the appropriate law enforcement official, use that maintains an
146 electronic database containing the information required in
147 subsection (2) paragraph (2)(h), along with an oath of ownership
148 with a signature of the seller of the secondary metals being
149 purchased by the secondary metals recycler and a right
150 thumbprint that has no smudges and smears on the oath of
151 ownership for each purchase transaction, shall be exempt from
152 the records requirement of paragraph (2)(h). A secondary metals
153 recycler complies with the requirements of this section if it
154 maintains an electronic database containing the information
155 required by subsection (2) paragraph (2)(h) as long as the
156 electronic information required by subsection (2) paragraph
157 (2)(h), along with an electronic oath of ownership with an
158 electronic signature of the seller of the secondary metals being
159 purchased by the secondary metals recyclers and an electronic
160 image of the seller’s right thumbprint that has no smudges and
161 smears, can be downloaded onto a paper form in the image of the
162 form approved by the Department of Law Enforcement as provided
163 in subsection (2).
164 (4) If an appropriate law enforcement official supplies the
165 software and the secondary metals recycler has the computer
166 ability, the recycler shall electronically transmit regulated
167 metals transaction records required by this section. If a
168 recycler does not have such ability, the appropriate law
169 enforcement official may provide the recycler with a computer
170 and necessary equipment to electronically transmit such records.
171 The appropriate law enforcement official shall retain ownership
172 of the computer, unless otherwise agreed upon, and the recycler
173 shall maintain the computer in good working order, ordinary wear
174 and tear excepted. A recycler who transmits such records
175 electronically is not required to also provide the original or
176 paper copies of the forms to the appropriate law enforcement
177 official. However, such official may, for purposes of a criminal
178 investigation, require the recycler to provide the original of a
179 transaction form that has been electronically transferred within
180 24 hours after receipt of the request.
181 (5)(4) A secondary metals recycler shall maintain or cause
182 to be maintained the information required by this section for
183 not less than 5 years from the date of the purchase transaction.
184 (6)(5) If a purchase transaction involves the transfer of
185 regulated metals property from a secondary metals recycler
186 registered with the department to another secondary metals
187 recycler registered with the department, the secondary metals
188 recycler receiving the regulated metals property shall record
189 the name and address of the secondary metals recycler from which
190 it received the regulated metals property in lieu of the
191 requirements of paragraph (2)(h).
192 Section 5. This act shall take effect July 1, 2011.
