Bill Text: FL S0622 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0622 Detail]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-Introduced.html

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       Florida Senate - 2011                                     SB 622
       
       
       
       By Senator Hays
       
       
       
       
       20-00455B-11                                           2011622__
    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; amending s. 539.001, F.S.;
   19         clarifying a definition for purposes of the Florida
   20         Pawnbroking Act; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (j) is added to subsection (1) of
   25  section 538.03, Florida Statutes, to read:
   26         538.03 Definitions; applicability.—
   27         (1) As used in this part, the term:
   28         (j) “Appropriate law enforcement official” means the
   29  sheriff of the county in which a secondhand dealer is located
   30  and, in the case of a secondhand dealer located within a
   31  municipality, the police chief of the municipality in which the
   32  secondhand dealer is located; however, any sheriff or police
   33  chief may designate as the appropriate law enforcement official
   34  for the county or municipality, as applicable, any law
   35  enforcement officer working within the county or municipality
   36  headed by that sheriff or police chief. This paragraph does not
   37  limit the power and responsibilities of the sheriff.
   38         Section 2. Subsection (1) of section 538.04, Florida
   39  Statutes, is amended to read:
   40         538.04 Recordkeeping requirements; penalties.—
   41         (1) Secondhand dealers shall complete a secondhand dealers
   42  transaction form at the time of the actual transaction. A
   43  secondhand dealer shall maintain a copy of a completed
   44  transaction form on the registered premises for at least 1 year
   45  after the date of the transaction. However, the secondhand
   46  dealer shall maintain a copy of the transaction form for not
   47  less than 3 years. Unless other arrangements have been agreed
   48  upon by the secondhand dealer and the appropriate law
   49  enforcement agency, the secondhand dealer shall, within 24 hours
   50  after the acquisition of any secondhand goods, deliver to the
   51  appropriate law enforcement official police department of the
   52  municipality where the goods were acquired or, if the goods were
   53  acquired outside of a municipality, to the sheriff’s department
   54  of the county where the goods were acquired, a record of the
   55  transaction on a form approved by the Department of Law
   56  Enforcement. Such record shall contain:
   57         (a) The time, date, and place of the transaction.
   58         (b) A complete and accurate description of the goods
   59  acquired, including the following information, if applicable:
   60         1. Brand name.
   61         2. Model number.
   62         3. Manufacturer’s serial number.
   63         4. Size.
   64         5. Color, as apparent to the untrained eye.
   65         6. Precious metal type, weight, and content if known.
   66         7. Gemstone description, including the number of stones, if
   67  applicable.
   68         8. In the case of firearms, the type of action, caliber or
   69  gauge, number of barrels, barrel length, and finish.
   70         9. Any other unique identifying marks, numbers, or letters.
   71         (c) A description of the person from whom the goods were
   72  acquired, including:
   73         1. Full name, current residential address, workplace, and
   74  home and work phone numbers.
   75         2. Height, weight, date of birth, race, gender, hair color,
   76  eye color, and any other identifying marks.
   77         3. The right thumbprint, free of smudges and smears, of the
   78  person from whom the goods were acquired.
   79         (d) Any other information required by the form approved by
   80  the Department of Law Enforcement.
   81         Section 3. Subsection (10) is added to section 538.18,
   82  Florida Statutes, to read:
   83         538.18 Definitions.—As used in this part, the term:
   84         (10) “Appropriate law enforcement official” means the
   85  sheriff of the county in which a secondary metals recycler is
   86  located and, in the case of a secondary metals recycler located
   87  within a municipality, the police chief of the municipality in
   88  which the secondary metals recycler is located; however, any
   89  sheriff or police chief may designate as the appropriate law
   90  enforcement official for the county or municipality, as
   91  applicable, any law enforcement officer working within the
   92  county or municipality headed by that sheriff or police chief.
   93  This subsection does not limit the power and responsibilities of
   94  the sheriff.
   95         Section 4. Section 538.19, Florida Statutes, is amended to
   96  read:
   97         538.19 Records required.—
   98         (1) A secondary metals recycler shall complete a
   99  transaction form at the time of the actual transaction. Unless
  100  other arrangements have been agreed upon, the secondary metals
  101  recycler shall, within 24 hours after acquiring the regulated
  102  metals, deliver to the appropriate law enforcement official a
  103  record of the transaction on a form approved by the Department
  104  of Law Enforcement. The recycler shall also maintain a legible
  105  record of all purchase transactions to which the such secondary
  106  metals recycler is a party.
  107         (2) The following information must be maintained on the a
  108  form approved by the Department of Law Enforcement for each
  109  purchase transaction:
  110         (a) The name and address of the secondary metals recycler.
  111         (b) The name, initials, or other identification of the
  112  individual entering the information on the ticket.
  113         (c) The date and time of the transaction.
  114         (d) The weight, quantity, or volume, and a description of
  115  the type of regulated metals property purchased in a purchase
  116  transaction.
  117         (e) The amount of consideration given in a purchase
  118  transaction for the regulated metals property.
  119         (f) A signed statement from the person delivering the
  120  regulated metals property stating that she or he is the rightful
  121  owner of, or is entitled to sell, the regulated metals property
  122  being sold. If the purchase involves a stainless steel beer keg,
  123  the seller must provide written documentation from the
  124  manufacturer that the seller is the owner of the stainless steel
  125  beer keg or is an employee or agent of the manufacturer.
  126         (g) The distinctive number from the personal identification
  127  card of the person delivering the regulated metals property to
  128  the secondary metals recycler.
  129         (h) A description of the person from whom the goods were
  130  acquired, including:
  131         1. Full name, current residential address, workplace, and
  132  home and work phone numbers.
  133         2. Height, weight, date of birth, race, gender, hair color,
  134  eye color, and any other identifying marks.
  135         3. The right thumbprint, free of smudges and smears.
  136         4. Vehicle description to include the make, model, and tag
  137  number of the vehicle and trailer of the person selling the
  138  regulated metals property.
  139         5. Any other information required by the form approved by
  140  the Department of Law Enforcement.
  141         (i) A photograph, videotape, or digital image of the
  142  regulated metals being sold.
  143         (j) A photograph, videotape, or similar likeness of the
  144  person receiving consideration in which such person’s facial
  145  features are clearly visible.
  146         (3) Any secondary metals recycler may, with the approval of
  147  the appropriate law enforcement official, use that maintains an
  148  electronic database containing the information required in
  149  subsection (2) paragraph (2)(h), along with an oath of ownership
  150  with a signature of the seller of the secondary metals being
  151  purchased by the secondary metals recycler and a right
  152  thumbprint that has no smudges and smears on the oath of
  153  ownership for each purchase transaction, shall be exempt from
  154  the records requirement of paragraph (2)(h). A secondary metals
  155  recycler complies with the requirements of this section if it
  156  maintains an electronic database containing the information
  157  required by subsection (2) paragraph (2)(h) as long as the
  158  electronic information required by subsection (2) paragraph
  159  (2)(h), along with an electronic oath of ownership with an
  160  electronic signature of the seller of the secondary metals being
  161  purchased by the secondary metals recyclers and an electronic
  162  image of the seller’s right thumbprint that has no smudges and
  163  smears, can be downloaded onto a paper form in the image of the
  164  form approved by the Department of Law Enforcement as provided
  165  in subsection (2).
  166         (4) If an appropriate law enforcement official supplies the
  167  software and the secondary metals recycler has the computer
  168  ability, the recycler shall electronically transmit regulated
  169  metals transaction records required by this section. If a
  170  recycler does not have such ability, the appropriate law
  171  enforcement official may provide the recycler with a computer
  172  and necessary equipment to electronically transmit such records.
  173  The appropriate law enforcement official shall retain ownership
  174  of the computer, unless otherwise agreed upon, and the recycler
  175  shall maintain the computer in good working order, ordinary wear
  176  and tear excepted. A recycler who transmits such records
  177  electronically is not required to also provide the original or
  178  paper copies of the forms to the appropriate law enforcement
  179  official. However, such official may, for purposes of a criminal
  180  investigation, require the recycler to provide the original of a
  181  transaction form that has been electronically transferred within
  182  24 hours after receipt of the request.
  183         (5)(4) A secondary metals recycler shall maintain or cause
  184  to be maintained the information required by this section for
  185  not less than 5 years from the date of the purchase transaction.
  186         (6)(5) If a purchase transaction involves the transfer of
  187  regulated metals property from a secondary metals recycler
  188  registered with the department to another secondary metals
  189  recycler registered with the department, the secondary metals
  190  recycler receiving the regulated metals property shall record
  191  the name and address of the secondary metals recycler from which
  192  it received the regulated metals property in lieu of the
  193  requirements of paragraph (2)(h).
  194         Section 5. Paragraph (b) of subsection (2) of section
  195  539.001, Florida Statutes, is amended to read:
  196         539.001 The Florida Pawnbroking Act.—
  197         (2) DEFINITIONS.—As used in this section, the term:
  198         (b) “Appropriate law enforcement official” means the
  199  sheriff of the county in which a pawnshop is located and or, in
  200  the case of a pawnshop located within a municipality, the police
  201  chief of the municipality in which the pawnshop is located;
  202  however, any sheriff or police chief may designate as the
  203  appropriate law enforcement official for the county or
  204  municipality, as applicable, any law enforcement officer working
  205  within the county or municipality headed by that sheriff or
  206  police chief. Nothing in This subsection does not limit limits
  207  the power and responsibilities of the sheriff.
  208         Section 6. This act shall take effect July 1, 2011.