Agenda 02/14/2012 Item #17A2/14/2012 Item 17.A.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance, entitled "Collier County Secondary Metals
Recyclers Ordinance," in order to establish limitations, in addition to those set forth in
Chapter 538, Part II, Florida Statutes, on the sale of regulated metals (secondary metals).
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached ordinance
entitled, "Collier County Secondary Metals Recyclers Ordinance," intended to reduce secondary
metals thefts in Collier County.
CONSIDERATIONS: Increasing demand and associated rising prices of certain metals has
contributed to increased thefts in Collier County of items such as copper wiring from
construction sites, air conditioning units, and underground telecommunication wiring. Chapter
538, Part II, Florida Statutes, defines regulated metals property and regulates secondary metals
recyclers for the purpose of reducing secondary metals theft. The County Attorney has been
working with Commissioner Hiller, the Sheriff's Office and a member of the local scrap metal
industry to identify regulations, in addition to those set forth in Chapter 538, to further reduce
secondary metals thefts in Collier County. The result of these meetings is set forth in the
proposed "Collier County Secondary Metals Recyclers Ordinance."
Typically the County Attorney would wait on Board direction before bringing forth a proposed
ordinance. In this instance, the proposed ordinance is being brought to the Board at this time as
there is proposed legislation (House Bill 885, a copy of which is included as back -up) which
would amend Chapter 538 and preempt local government regulations not enacted by March 1,
2012, which would eliminate the ability of the Board to even consider whether the County
should locally regulate this activity.
Among other things, the proposed ordinance requires (1) better record keeping by secondary
metals dealers; (2) electronic notice of purchases to the Sheriff's Department pursuant to
regulations to be adopted by the Sheriff; (3) limitation of sales to normal business hours; and (4)
non -cash payment and proof of ownership for certain restricted items (such as manhole covers
and guardrails). The Ordinance is in addition to existing State regulations in this area.
At its January 24, 2012 regular meeting, the Board authorized advertisement of the proposed
Ordinance. Subsequent to its placement on the agenda, however, the Sheriffs Office requested
minor revisions which are indicated below through underline and cross through.
Page 3 of 7
(7) "Regulated Metals Property" means any item composed primarily of any nonferrous
metals. The term does not include aluminum beverage containers, used beverage containers, or
similar beverage containers. The term includes household appliances, well and pool pumps,
stain4ess steel l beef kegs and items made of ferrous metal listed as restricted metal property listed
in Section 538.26 (6) (b).
Packet Page -2363-
Page 5 of 7
2/14/2012 Item 17.A.
(16) A brass or bronze commercial potable water backflow preventer valve that is commonly
used to prevent backflow of potable water from commercial structures into municipal domestic
water service systems.
(17) A shopping cart.
(18) Brass Water Meter.
(19) Storm Grates.
(20) Brass sprinkler heads used in commercial agriculture.
(21) W011 Offid PE)e! PUMPS.
(22) Household applianees.
The above revisions are incorporated into the advertised version of the Ordinance.
LEGAL CONSIDERATIONS: The proposed ordinance is designed to supplement existing
State Law, and is not in conflict with HB 885 as presently drafted. This item is legally sufficient
for Board action and requires a majority vote for approval. - JAK
FISCAL IMPACT: The cost to advertise the proposed ordinance was $259.38.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance entitled, "Collier County Secondary Metals Recyclers Ordinance," in order that it may
be adopted with the timeframe set forth in HB 885.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Packet Page -2364-
2/14/2012 Item 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
Item Summary: Recommendation to adopt an ordinance, entitled "Collier County
Secondary Metals Recyclers Ordinance," in order to establish limitations, in addition to those
set forth in Chapter 538, Part II, Florida Statutes, on the sale of regulated metals (secondary
metals).
Meeting Date: 2/14/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/27/2012 2:56:12 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/30/2012 11:24:01 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 1/31/2012 2:45:38 PM
Name: OchsLeo
Title: County Manager
Date: 1/31/2012 3:54:17 PM
Packet Page -2365-
2/14/2012 Item 17.A.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING REGULATIONS PERTAINING TO SECONDARY
METALS RECYCLERS; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING FOR TITLE AND CITATION;
PROVIDING FOR APPLICABILITY; PROVIDING FOR
CONSTRUCTION AND INTERPRETATION; PROVIDING
DEFINITIONS; PROVIDING FOR RECORDS REQUIRED —
LIMITATION OF LIABILITY; PROVIDING FOR METHOD OF
PAYMENT; PROVIDING FOR CERTAIN ACTS AND PRACTICES
PROHIBITED; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County
Commissioners has the power and the authority to adopt such business regulations, to the extent
not inconsistent with general or special law, as are necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners hereby finds that the increasing demand
and associated rising prices of certain metals has contributed to increased thefts in Collier County
of items such as copper wiring from construction sites, air conditioning units, and underground
telecommunication wiring, which increased criminal activity adversely affects the health, safety
and welfare of Collier County; and
WHEREAS, Chapter 538, Part II, Florida Statutes, defines regulated metals property and
regulates secondary metals recyclers for the purpose of reducing secondary metals theft; and
WHEREAS, the Collier County Sheriffs Office has identified regulations, in addition to
those set forth in Chapter 538, Part II, Florida Statutes, to further reduce secondary metals thefts in
Collier County; and
WHEREAS, the Board of County Commissioners finds it in the best interest of the
citizens of Collier County to adopt additional regulations relating to the sale of regulated metals
property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Intent and Purpose.
It is the intent of this Ordinance to supplement the provisions of Chapter 538, Part II,
Florida Statutes, as it relates to the purchase and disposition of secondary metal property within
Packet Page -2366-
2/14/2012 Item 17.A.
unincorporated Collier County. This ordinance is not intended to regulate secondhand dealers
engaged in the sale or purchase of precious metals under FS Ch. 538, Part 1.
SECTION TWO: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Secondary Metals
RecycIers Ordinance."
SECTION THREE: Applicability.
This Ordinance shall be applicable only within the unincorporated areas of Collier County.
SECTION FOUR: Construction and Interpretation.
This Ordinance shall be liberally construed in order to effectively carry out the intent and
purpose.of this Ordinance. Where any provision of this Ordinance refers to or incorporates
another provision, statute, rule, regulation or other authority, this Ordinance refers to the most
current version, including and incorporating any amendments thereto or renumbering thereof.
SECTION FIVE: Definitions.
The following words, terms and phrases shall have the meanings as stated:
(1) "Ferrous Metals" means any metals containing significant quantities of iron or steel.
(2) "Fixed Location" means any site occupied by a secondary metals recycler as owner of the
site or as lessee of the site under a lease or other rental agreement providing for occupation of the
site by the secondary metals recycler for a total duration of not less than 364 days.
(3) "Money" means a medium of exchange authorized or adopted by a domestic or foreign
government as part of its currency.
(4) "Nonferrous Metals" means metals not containing significant quantities of iron or steel,
including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys
thereof, excluding precious metals subject to regulation under Chapter 538, Florida Statutes, Part I.
(5) "Personal Identification Card" means a valid driver's license or identification card issued
by the Department of Highway Safety and Motor Vehicles under Sections 322.03 or 322.051,
Florida Statutes, or an equivalent form of identification issued by another state, or a passport or an
appropriate work authorization issued by the united States Bureau of Citizenship and Immigration
Service, which contains a photograph and address.
(6) "Purchase transaction" means a transaction in which a secondary metals recycler gives
consideration for regulated metals property.
PaaP 7 of 7
Packet Page -2367-
2/14/2012 Item 17.A.
(7) "Regulated Metals Property" means any item composed primarily of any nonferrous
metals. The term does not include aluminum beverage containers, used beverage containers, or
similar beverage containers. The term includes household appliances, well and pool pumps, and
items made of ferrous metal listed as restricted metal property listed in Section 538.26 (6) (b).
(8) "Secondary Metals Recycler" means any person who:
(a) is engaged, from a fixed location, in the business of gathering or obtaining ferrous or
nonferrous metals that have served their original economic purpose or is in the business of
performing the manufacturing process by which ferrous metals or nonferrous metals are converted
into raw material products consisting of prepared grades and having an existing or potential
economic value; or
(b) has facilities for performing the manufacturing process by which ferrous metals or nonferrous
metals are converted into raw material products consisting of prepared grades and having an
existing or potential economic value, other than by the exclusive use of hand tools, by methods
including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping,
shredding, shearing, or changing the physical form or chemical content thereof.
SECTION SIX: Additional Records Required
(1) In addition to the record requirements of FS Sec. 538.19, a secondary metals recycler shall
maintain a legible electronic record, in the English language, of all purchase transactions to which
such secondary metals recycler is a party. Such electronic format shall be specified by the Collier
County Sheriffs Office and promulgated by way of the Sheriffs official data specifications.
Electronic record shall be electronically transmitted to the Collier County Sheriff s Office from the
previous business day no later than 10:00 a.m. on the following business day the secondary metals
recycler is open for business. A recycler who transmits such records electronically is not required
to also provide the original or paper copies of the form. However, the Collier County Sheriffs
Office may, for the purposes of a criminal investigation, require the recycler to provide the original
of a transaction form that has been electronically transferred within 24 hours after receipt of the
request. The recycler shall also maintain a legible record of all purchase transactions to which the
secondary metals recycler is a party.
(2) A secondary metals recycler registered with the department of revenue that purchases a
motor vehicle from a licensed salvage motor vehicle dealer as defined in Section 320.07, Florida
Statutes, or another secondary metals recycler registered with the department and uses a
mechanical crusher to convert the vehicle to scrap metal must obtain a signed statement from the
seller stating that the seller has surrendered the vehicle's certificate of title to the Department of
Highway Safety and Motor Vehicles as provide in Section 319.30, Florida Statutes, or otherwise
Packet Page -2368-
2/14/2012 Item W.A.
complied with the titling requirements provided by law for conversion of the vehicle to scrap
metal. A secondary metals recycler is not liable for the seller's failure to comply with the titling
requirements provided by law for conversion of a motor vehicle to scrap metal if the secondary
metals recycler obtains and maintains the seller's signed statement.
SECTION SEVEN: Restricted Regulated Metals.
The following shall be considered as "restricted regulated metals:"
(1) A manhole cover.
(2) An electric light pole or other utility structure and its fixtures, wires, and hardware that are
readily identifiable as connected to the utility structure.
(3) A guard rail.
(4) A street sign, traffic sign, or traffic signal and its fixtures and hardware.
(5) Communication, transmission, distribution, and service wire from a utility, including
copper or aluminum bus bars, connectors, grounding plates, or grounding wire.
(6) A funeral marker or funeral vase.
(7) A historical marker.
(8) Railroad equipment, including, but not limited to, a tie plate, signal house, control box,
switch plate, E clip, or rail tie junction.
(9) Any metal item that is observably marked upon reasonable inspection with any form of the
name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.
(10) A copper, aluminum, or aluminum - copper condensing or evaporator coil, including its
tubing or rods, from an air conditioning or heating unit, excluding coils from window air
conditioning or heating units and motor vehicle air conditioning or heating units.
(11) An aluminum or stainless steel container or bottle designed to hold propane for fueling
forklifts.
(12) A stainless steel beer keg.
(13) A catalytic converter or any nonferrous part of a catalytic converter unless purchased as
part of a motor vehicle.
(14) Metallic wire that has been burned in whole or in part to remove insulation.
(15) A brass or bronze commercial valve or fitting, referred to as a "fire department connection
and control valve" or an " FDC valve," that is commonly used on structures for access to water for
the purpose of extinguishing fires.
Pace 4 of 7
Packet Page -2369-
2/14/2012 Item 17.A.
(16) A brass or bronze commercial potable water backflow preventer valve that is commonly
used to prevent backflow of potable water from commercial structures into municipal domestic
water service systems.
(17) A shopping cart.
(18) Brass Water Meter.
(19) Storm Grates.
(20) Brass sprinkler heads used in commercial agriculture.
SECTION EIGHT: Method of Payment for Restricted Regulated Metals.
(1) Secondary metals recycler shall not enter into any cash transaction for purchase of any
restricted regulated metals property listed in above. Payment by a secondary metals recycler for
the purchase of restricted regulated metal property shall be made by check issued to the Seller and
payable to the Seller or by electronic payment to the Seller's bank account or to the Seller's
employer's bank account. Each check for payment shall be mailed by the secondary metals
recycler directly to the street address of the Seller which is on file with the secondary metals
recycler unless otherwise provided in this Ordinance. Payment shall not be mailed to a post office
box. Electronic payments shall be sent to an account for which the Seller is listed as an account
holder or an employee or agent thereof. Each check or electronic payment shall be mailed or
electronically transferred by the secondary metals recycler to the Seller within three (3) days of the
purchase transaction unless otherwise provided in this ordinance.
(2) Exemptions. The secondary metals recycler may provide a check at the time of the
purchase transaction, rather than mailing said check as required above, if the Seller falls within the
exemptions set forth in FS Sec. 538.22.
SECTION NINE: Certain Acts and Practices Prohibited.
It is unlawful for a secondary metals recycler to do or allow any of the following:
(1) Purchase restricted regulated metals property or ferrous metals between the hours of 6:00
p.m. and 7:00 a.m. Monday through Friday.
(2) Purchase restricted regulated metals property from 6:00 p.m. on Friday to 7:00 a.m. on
Saturday and 3:00 p.m. on Saturday till 7:00 a.m. on Monday.
(3) Purchase restricted regulated metals property on Sunday.
(4) Purchase restricted regulated metals property and ferrous metals from a non -fixed location.
Packet Page -2370-
2/14/2012 Item 17.A.
(5) Purchase any restricted regulated metals property unless the secondary metals recycler
obtains reasonable proof that the seller:
Owns such property. Reasonable proof of ownership may include, but is not limited to, a
receipt or bill of sale: or
2. Is an employee, agent, or contractor of the property's owner who is authorized to sell the
property on behalf of the owner. Reasonable proof of authorization to sell the property includes,
but is not limited to, a signed letter on the owner's letterhead, dated no later than 90 days before the
sale, authorizing the seller to sell the property.
SECTION TEN: Enforcement.
This Ordinance shall be enforced by the Office of the Collier County Sheriff.
SECTION ELEVEN: Penalties
Except as otherwise provided by law, a person found guilty of violating this ordinance may
be punished by a fine not to exceed $500, or by imprisonment in the county jail for a period not to
exceed 60 days, or by both fine and imprisonment. Nothing in this section prohibits the County
from prosecuting a violation of this ordinance by any other legal means afforded the County.
SECTION TWELVE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THIRTEEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOURTEEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
T%- -- L .. F ^Y
Packet Page -2371-
2/14/2012 Item 17.A.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier AW
County, Florida, this day of , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
PaoP I of 7
Packet Page -2372-
2/14/2012 Item 17.A.
NeetVirginia
cram:
Jim Williams - 0847 [Jim.Williams @colliersheriff.org]
ant:
Tuesday, January 24, 2012 3:07 PM
o:
HillerGeorgia; KlatzkowJeff; Jim Bloom
Cc:
Jim Williams
Subject:
RE: Ordinance
The CCSO concurs in the proposed change ... Jim Wms
From: HillerGeorgia rmailto: Georgia Hiller(a)colIiergov.netl
Sent: Tuesday, January 24, 2012 2:51 PM
To: KlatzkowJeff; Jim Williams - 0847; Jim Bloom - 0802
Subject: Re: Ordinance
I'm OK with this if the CCSO is.
Georgia Hiller
Commissioner, District 2
On Jan 24, 2012, at 2:03 PM, "KlatzkowJeff' <JeffK.latzkow(acolliereov.net> wrote:
Commissioner: The Sheriff would like the following change be made to the Ordinance. Please advise if
this is acceptable to you. The changes will not effect the advertisment.
-Jeff
From: Chad Parker - 0959 [Chad. Pa rker col liersheriff.org]
Sent: Tuesday, January 24, 2012 11:11 AM
To: KlatzkowJeff; iefferyklatzkow(nbcolliergov.net
Cc: Jim Williams; Rod Bishop; Chad Parker
Subject: FW: Ordinance
Sir:
It was a pleasure meeting you this morning. Per our discussion, here are the revisions to the Secondary
Metals Recyclers Ordinance that we are requesting:
On Page 3 of 7:
(7) "Regulated Metals Property" means any item composed primarily of any nonferrous
metals. The term does not include aluminum beverage containers, used beverage
containers, or similar beverage containers. The term includes household appliances,
Packet Page -2373-
2/14/2012 Item 17.A.
well and pool pumps, stair ess steel be kegs and items made of ferrous metal listed
as restricted metal property listed in Section 538.26 (6) (b).
Note: Stainless steel beer kegs was stricken because it is already listed as item # 12 on the restricted Regulated
Metals fist.
On Page 5 of 7:
(19) Stfefn Storm Grates.
(20) Brass sprinkler heads used in commercial agriculture.
Note: The word "Storm" was misspelled in HB 885 and recently discovered.
Respectfully,
Lt. Chad Parker
Collier County Sheriff s Office
This communication is confidential and may contain privileged information
intended solely for the named addressee(s). It may not be used or disclosed
except for the purpose for which it has been sent. If you are not the
intended recipient, you must not copy, distribute or take any action induced
by or in reliance on information contained in this message. Unless expressly
stated, opinions in this message are those of the individual sender and not
of the Collier County Sheriff's Office. If you have received this
communication in error, please notify the Collier County Sheriff's Office by
emailing helpdeskacolliersheriff.org quoting the sender and delete the
message and any attached documents. the Collier County Sheriff's Office
2
Packet Page -2374-
2/14/2012 Item 17.A.
accepts no liability or responsibility for any onward transmission or use of
emails and attachments having left the colliersheriff domain.
Under Florida Law. a -mail addresses are public records. If you do not want your e-mail address released in response to a public records
request; do not send electronic mail to this entity. Instead.. contact this office by telephone or in writing.
This communication is confidential and may contain privileged information intended solely
for the named addressee(s). It may not be used or disclosed except for the purpose for
which it has been sent. If you are not the intended recipient, you must not copy,
distribute or take any action induced by or in reliance on information contained in this
message. Unless expressly stated, opinions in this message are those of the individual
sender and not of the Collier County sheriff's Office. If you have received this
communication in error, please notify the Collier County Sheriff's office by emailing
helpdesk @colliersheriff.org quoting the sender and delete the message and any attached
documents. the Collier County Sheriff's office accepts no liability or responsibility for
any onward transmission or use of emails and attachments having left the colliersheriff
domain.
3
Packet Page -2375-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I v t 5
2012
1 A bill to be entitled
2 An act relating to transactions by secondhand dealers
3 and secondary metals recyclers; amending s. 538.03,
4 F.S.; defining the term "appropriate law enforcement
5 official "; deleting exemptions from regulation as a
6 secondhand dealer which relate to flea market
7 transactions and auction businesses; conforming
8 terminology; amending s. 538.04, F.S., relating to
9 recordkeeping requirements; conforming terminology and
10 clarifying provisions; amending s. 538.18, F.S.;
11 revising and providing definitions; amending s.
12 319.30, F.S.; conforming a cross - reference; amending
13 s. 538.19, F.S.; revising requirements for the types
14 of information that secondary metals recyclers must
15 obtain and maintain regarding purchase transactions,
16 including requirements for the maintenance and
17 transmission of electronic records of such
18 transactions; revising the period required for
19 secondary metals recyclers to maintain certain
20 information regarding purchase transactions involving
21 regulated metals property; limiting the liability of
22 secondary metals recyclers for the conversion of motor
23 vehicles to scrap metal under certain circumstances;
24 amending s. 538.235, F.S.; revising requirements for
25 payments made by secondary metals recyclers to sellers
26 of regulated metals property, to prohibit certain cash
27 transactions; providing penalties; providing methods
28 of payment for restricted regulated metals property;
Page 1 of 22
CODING: Words stF+skGR are deletions; words underlined are additions.
E* I�
Packet Page -2376-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
29 requiring that purchases of certain property be made
30 by check or by electronic payment; providing
31 procedures; amending s. 538.26, F.S.; prohibiting
32 secondary metals recyclers from purchasing regulated
33 metals property, restricted regulated metals property,
34 or ferrous metals during specified times or from
35 certain locations; prohibiting the purchase of
36 specified restricted regulated metals property without
37 obtaining certain proof of the seller's ownership.and
38 authorization to sell the property; providing
39 penalties; creating s. 538.28, F.S.; preempting to the
40 state the regulation of secondary metals recyclers and
41 purchase transactions involving regulated metals
42 property; exempting county and municipal ordinances
43 and regulations enacted before March 1, 2012, from
44 preemption; reenacting and amending s. 538.23(1)(a),
45 F.S., relating to violations and penalties, to
46 incorporate the amendments made by this act to ss.
47 538.19, 538.235, and 538.26, F.S., in references
48 thereto; correcting a cross- reference; providing an
49 effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Subsection (1) of section 538.03, Florida
54 Statutes, is amended, paragraphs (m) through (q) of subsection
55 (2) of that section are redesignated as paragraphs (k) through
56 (o), respectively, and present paragraphs (k), (1), and (n) of
Page 2 of 22
CODING: Words stF+skeR are deletions; words underlined are additions.
Packet Page -2377-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
57 that subsection are amended, to read:
58 538.03 Definitions; applicability. -
59 (1) As used in this part, the term:
60 (a)+ e "Acquire" means to obtain by purchase, consignment,
61 or trade.
62 (b) "Appropriate law enforcement official" means the
63 sheriff of the county in which a secondhand dealer is located
64 or, if the secondhand dealer is located within a municipality,
65 both the police chief of the municipality and the sheriff;
66 however, the sheriff or police chief may designate as the
67 appropriate law enforcement official for that county or
68 municipality, as applicable, any law enforcement officer working
69 within that respective county or municipality. This paragraph
70 does not limit the authority or duties of the sheriff.
71 (c)+d} "Consignment shop" means a shop engaging in the
72 business of accepting for sale, on consignment, secondhand goods
73 which, having once been used or transferred from the
74 manufacturer to the dealer, are then received into the
75 possession of a third party.
76 (d)-{i+ "Department" means the Department of Revenue.
77 (e)4 -h+ "Precious metals" means any item containing any
78 gold, silver, or platinum, or any combination thereof, excluding
79 any chemical or any automotive, photographic, electrical,
80 medical, or dental materials or electronic parts.
81 (f)+Ie+ "Precious metals dealer" means a secondhand dealer
82 who normally or regularly engages in the business of buying used
83 precious metals for resale. The term does not include those
84 persons involved in the bulk sale of precious metals from one
Page 3 of 22
CODING: Words striGkeR are deletions; words underlined are additions.
hb0885 -00
Packet Page -2378-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I v t 5
2012
85 secondhand or precious metals dealer to another.
86 (g)+a+ "Secondhand dealer" means any person, corporation,
87 or other business organization or entity which is not a
88 secondary metals recycler subject to part II and which is
89 engaged in the business of purchasing, consigning, or trading
90 secondhand goods.
91 (h)+f+ "Secondhand goods" means personal property
92 previously owned or used, which is not regulated metals property
93 regulated under part II and which is purchased, consigned, or
94 traded as used property. Such secondhand goods do not include
95 office furniture, pianos, books, clothing, organs, coins, motor
96 vehicles, costume jewelry, cardic and strength training or
97 conditioning equipment designed primarily for indoor use, and
98 secondhand sports equipment that is not permanently labeled with
99 a serial number. For purposes of this paragraph, "secondhand
100 sports equipment" does not include golf clubs.
101 (i)4 -e-}- "Secondhand store" means the place or premises at
102 which a secondhand dealer is registered to conduct business as a
103 secondhand dealer or conducts business.
104 (j)-{eg "Transaction" means any purchase, consignment, or
105 trade of secondhand goods by a secondhand dealer.
106 (2) This chapter does not apply to:
107 ( ! sen puLn h asinEj , eensig g ei
108 seeendhanEi ffeeels at— a flea -ffta , et L=e g -aLcdlme s s -e f wh et h eLc at a
109 tempeLaa-L nt busiiiess — leeatieH at the flea fftaLk��
110 (1Any a=ae:�i e i:re s s—a s —de f ineel �n s . 468.382(1-)—.
111 (1) -(-n+ A business that contracts with other persons or
112 entities to offer its secondhand goods for sale, purchase,
Page 4 of 22
CODING: Words ski are deletions; words underlined are additions.
Packet Page -2379-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I v t 5
2012
113 consignment, or trade via an Internet website, and that
114 maintains a shop, store, or other business premises for this
115 purpose, if all of the following apply:
116 1. The secondhand goods must be available on the website
117 for viewing by the public at no charge;
118 2. The records of the sale, purchase, consignment, or
119 trade must be maintained for at least 2 years;
120 3. The records of the sale, purchase, consignment, or
121 trade, and the description of the secondhand goods as listed on
122 the website, must contain the serial number of each item, if
123 any;
124 4. The secondhand goods listed on the website must be
125 searchable based upon the state or zip code;
126 5. The business must provide the appropriate law
127 enforcement official ageney with the name or names under which
128 it conducts business on the website;
129 6. The business must allow the appropriate law enforcement
130 official ageney to inspect its business premises at any time
131 during normal business hours;
132 7. Any payment by the business resulting from such a sale,
133 purchase, consignment, or trade must be made to the person or
134 entity with whom the business contracted to offer the goods and
135 must be made by check or via a money services business licensed
136 under part II of chapter 560; and
137 8.a. At least 48 hours after the estimated time of
138 contracting to offer the secondhand goods, the business must
139 verify that any item having a serial number is not stolen
140 property by entering the serial number of the item into the
Page 5 of 22
CODING: Words stF;Gkea are deletions; words underlined are additions.
Packet Page -2380-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
141 Department of Law Enforcement's stolen article database located
142 at the Florida Crime Information Center's public access system
143 website. The business shall record the date and time of such
144 verification on the contract covering the goods. If such
145 verification reveals that an item is stolen property, the
146 business shall immediately remove the item from any website on
147 which it is being offered and notify the appropriate law
148 enforcement official fey; or
149 b. The business must provide the appropriate law
150 enforcement official ageney with an electronic copy of the name,
151 address, phone number, driver 4L=iv=er s license number, and
152 issuing state of the person with whom the business contracted to
153 offer the goods, as well as an accurate description of the
154 goods, including make, model, serial number, and any other
155 unique identifying marks, numbers, names, or letters that may be
156 on an item, in a format agreed upon by the business and the
157 appropriate law enforcement official ageney. This information
158 must be provided to the appropriate law enforcement official
159 affeney within 24 hours after entering into the contract unless
160 other arrangements are made between the business and the law
161 enforcement official aEjerey.
162 Section 2. Subsections (1), (6), and (7) of section
163 538.04, Florida Statutes, are amended to read:
164 538.04 Recordkeeping requirements; penalties. -
165 (1) A secondhand dealer dealeias shall complete a
166 secondhand dealers transaction form at the time of the actual
167 transaction. A secondhand dealer shall maintain a copy of a
168 completed transaction form on the registered premises for at
Page 6 of 22
CODING: Words F#FiGkeR are deletions; words underlined are additions,
Packet Page -2381-
F L O R I D A H O U S E O F
FIB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
169 least 1 year after the date of the transaction. However, the
170 secondhand dealer shall maintain a copy of the transaction form
171 for not less than 3 years. Unless other arrangements are h-a-�-e
172 been agreed upon by the secondhand dealer and the appropriate
173 law enforcement official may, the secondhand dealer shall,
174 within 24 hours after acquiring the– aegu= citi=T =f any
175 secondhand goods, deliver to such official tlipeliee d.paLatfften
176 of re- fiund:ed:pa1d: t y wh eLce –the g ee es–we r—ee qdd:- -;eed–e-:e , 4:f- t-
177 g e e d s weL=e Teqidd:rre -eutsi d e –ef a Fftidn-i e ipal -i-t y, to tl-ie sl-seEifz ' s
178 elepartEftente f�e eeunlcy wheL=e the geed; –tee Lc e _ ~ d ; = e' , a record
179 of the transaction on a form approved by the Department of Law
180 Enforcement. Such record shall contain:
181 (a) The time, date, and place of the transaction.
182 (b) A complete and accurate description of the goods
183 acquired, including the following information, if applicable:
184 1. Brand name.
185 2. Model number.
186 3. Manufacturer's serial number.
187 4. Size.
188 5. Color, as apparent to the untrained eye.
189 6. Precious metal type, weight, and content if known.
190 7. Gemstone description, including the number of stones,
191 if applicable.
192 8. In the case of firearms, the type of action, caliber or
193 gauge, number of barrels, barrel length, and finish.
194 9. Any other unique identifying marks, numbers, or
195 letters.
Page 7 of 22
CODING: Words strasl4es are deletions; words underlined are additions.
hb0885 -00
Packet Page -2382-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
196 (c) A description of the person from whom the goods were
197 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
201 color, eye color, and any other identifying marks.
202 3. The right thumbprint, free of smudges and smears, of
203 the person from whom the goods were acquired.
204 (d) Any other information required by the form approved by
205 the Department of Law Enforcement.
206 (6) If the appropriate law enforcement official a-geney
207 supplies a secondhand dealer with appropriate software and the
208 secondhand dealer has computer capability, the secondhand dealer
209 must try dens shall be electronically transmit secondhand
210 dealer transactions required by this section to such official
211 ticansfei=L=e6. If a secondhand dealer does not have computer
212 capability, the appropriate law enforcement official ageney may
213 provide the secondhand dealer with a computer and all equipment
214 necessary to equip- €ei —th e pi rpese &f- electronically
215 transmit tEansfeicr -- secondhand dealer transactions. The
216 appropriate law enforcement official any shall retain
217 ownership of the computer, unless otherwise agreed upon, and-
218 the secondhand dealer shall maintain the computer in good
219 working order, except for ordinary wear and teaE ei_eete . A -If
220 -t� secondhand dealer who transmits }Eansfer& secondhand dealer
221 transactions electronically, t-i,. seeendhand dea eE is not
222 required to also deliver te— he— apjaEepr-iate law erfeNeeTMep.4
223 ageney the original or paper copies of the secondhand
Page 8 of 22
CODING: Words steR are deletions; words underlined are additions.
of 101-MU
Packet Page -2383-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I v t 5
2012
224 transaction forms to the appropriate law enforcement official.
225 However, such official may, for purposes the r ., r-pese of a
226 criminal investigation, the appEepEiate law enfeL=eefaent Tgcney
227 request that the secondhand dealer to deliver the pEeduee an
228 original ef-a transaction form that was has been electronically
229 transmitted tEansfe°- The secondhand dealer shall deliver the
230 this form to the appropriate law enforcement official agen&y
231 within 24 hours after receipt of the request.
232 (7) If the original transaction form is lost or destroyed
233 by the appropriate law enforcement official afe -ey, a copy may
234 be used by the secondhand dealer as evidence in court. When an
235 electronic image of a customer's identification is accepted for
236 a transaction, the secondhand dealer must maintain the
237 electronic image in order to meet the recordkeeping requirements
238 applicable to the original transaction form. If a criminal
239 investigation occurs, the secondhand dealer shall, upon request,
240 provide a clear and legible copy of the image to the appropriate
241 law enforcement official.
242 Section 3. Section 538.18, Florida Statutes, is amended to
243 read:
244 538.18 Definitions. -As used in this part, the term:
245 (1) "Appropriate law enforcement official" means the
246 sheriff of the county in which a secondary metals recycler is
247 located or, if the secondary metals recycler is located within a
248 municipality, the police chief of the municipality in which the
249 secondary metals recycler is located; however, the sheriff or
250 police chief may designate as the appropriate law enforcement
251 official for the county or municipality, as applicable, any law
Page 9 of 22
CODING: Words stFiskcR are deletions; words underlined are additions.
hb0885 -00
Packet Page -2384-
F L O R I D A H O U S E O F
■:: :R
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
252 enforcement officer working within that respective county or
253 municipality. This subsection does not limit the authority or
254 duties of the sheriff.
255 (2)+9+ "Department" means the Department of Revenue.
256 (3)44+ "Ferrous metals" means any metals containing
257 significant quantities of iron or steel.
258 (4) -(-}- "Fixed location" means any site occupied by a
259 secondary metals recycler as owner of the site or as lessee of
260 the site under a lease or other rental agreement providing for
261 occupation of the site by the secondary metals recycler for a
262 total duration of not less than 364 days.
263 (5)+3+ "Money" means a medium of exchange authorized or
264 adopted by a domestic or foreign government as part of its
265 currency.
266 (6)+4-} "Nonferrous metals" means metals not containing
267 significant quantities of iron or steel, including, without
268 limitation, copper, brass, aluminum, bronze, lead, zinc, nickel,
269 and alloys thereof, excluding precious metals subject to
270 regulation under part I.
271 (7)+S} "Personal identification card" means a valid
272 Florida driver license, a Florida identification card issued by
273 the Department of Highway Safety and Motor Vehicles, an
274 equivalent form of identification issued by another state, a
275 passport, or an employment authorization issued by the United
276 States Bureau of Citizenship and Immigration Services that
277 contains an individual's photograph and current address a+i-y
278 Eje�rnfften} issideei i h„t- egr-a-phie —ids ieat-4:en ems.
279 (8) -{-6 "Purchase transaction" means a transaction in which
Page 10 of 22
CODING; Words strip are deletions; words underlined are additions.
hb0885 -00
Packet Page -2385-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I i v t 5
2012
280 a secondary metals recycler gives consideration for regulated
281 metals property.
282 (9) -{-�} "Regulated metals property" means any item composed
283 primarily of any nonferrous metals. The term does, but— i not
284 include aluminum beverage containers, used beverage containers,
285 or similar beverage containers; however,- the term includes
286 shiall —i Ala e stainless steel beer kegs and items made of
287 ferrous metal obtained from any restricted regulated metals
28.8 property.
289 (10) "Restricted regulated metals property" means any
290 regulated metals property listed in s. 538.26(4)(b) the sale of
291 which is restricted as provided in s. 538.26(4)(a).
292 (11) -(-&+ "Secondary metals recycler" means any person who:
293 (a) Is engaged, from a fixed location er e- h..rw se, in the
294 business of gathering or obtaining ferrous or nonferrous metals
295 that have served their original economic purpose or is in the
296 business of performing the manufacturing process by which
297 ferrous metals or nonferrous metals are converted into raw
298 material products consisting of prepared grades and having an
299 existing or potential economic value; or
300 (b) Has facilities for performing the manufacturing
301 process by which ferrous metals or nonferrous metals are
302 converted into raw material products consisting of prepared
303 grades and having an existing or potential economic value, other
304 than by the exclusive use of hand tools, by methods including,
305 without limitation, processing, sorting, cutting, classifying,
306 cleaning, baling, wrapping, shredding, shearing, or changing the
307 physical form or chemical content thereof.
Page 11 of 22
CODING: Words stFiskOR are deletions; words underlined are additions.
hb0885 -00
Packet Page -2386-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A i I v t 5
2012
308 (12) "Utility" means a person, firm, corporation,
309 association, or political subdivision, whether private,
310 municipal, county, or cooperative, that is engaged in the sale,
311 generation, provision, or delivery of gas, electricity, heat,
312 water, oil, sewer service, or telephone, telegraph, radio, or
313 telecommunications service.
314 Section 4. Paragraph (u) of subsection (1) of section
315 319.30, Florida Statutes, is amended to read:
316 319.30 Definitions; dismantling, destruction, change of
317 identity of motor vehicle or mobile home; salvage. -
318 (1) As used in this section, the term:
319 (u) "Secondary metals recycler" means secondary metals
320 recycler as defined in s. 538.18
321 Section 5. Section 538.19, Florida Statutes, is amended to
322 read:
323 538.19 Records required; limitation of liability. -
324 (1) A secondary metals recycler shall maintain a legible
325 paper record of all purchase transactions to which such
326 secondary metals recycler is a party. A secondary metals
327 recycler shall also maintain a legible electronic record, in the
328 English language, of all such purchase transactions. The
329 appropriate law enforcement official may provide data
330 specifications regarding the electronic record format, but such
331 format must be approved by the Department of Law Enforcement. An
332 electronic record of a purchase transaction shall be
333 electronically transmitted to the appropriate law enforcement
334 official no later than 10 a.m. of the business day following the
335 date of the purchase transaction. A secondary metals recycler
Page 12 of 22
CODING: Words skeR are deletions; words underlined are additions.
hb0885 -00
Packet Page -2387-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I v t 5
2012
336 who transmits such records electronically is not required to
337 also deliver the original or paper copies of the transaction
338 forms to the appropriate law enforcement official. However, such
339 official may, for purposes of a criminal investigation, request
340 the secondary metals recycler to deliver the original
341 transaction form that was electronically transmitted. The
342 secondary metals recycler shall deliver the form to the
343 appropriate law enforcement official within 24 hours after
344 receipt of the request.
345 (2) The following information must be maintained on the e
346 form approved by the Department of Law Enforcement for each
347 purchase transaction:
348 (a) The name and address of the secondary metals recycler.
349 (b) The name, initials, or other identification of the
350 individual entering the information on the ticket.
351 (c) The date and time of the transaction.
352 (d) The weight, quantity, or volume, and a description of
353 the type of regulated metals property purchased in a purchase
354 transaction.
355 (e) The amount of consideration given in a purchase
356 transaction for the regulated metals property.
357 (f) A signed statement from the person delivering the
358 regulated metals property stating that she or he is the rightful
359 owner of, or is entitled to sell, the regulated metals property
360 being sold. If the purchase involves a stainless steel beer keg,
361 the seller must provide written documentation from the
362 manufacturer that the seller is the owner of the stainless steel
363 beer keg or is an employee or agent of the manufacturer.
Page 13 of 22
CODING: Words alp are deletions; words underlined are additions.
hb0885 -00
Packet Page -2388-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
364 (g) The distinctive number from the personal
365 identification card of the person delivering the regulated
366 metals property to the secondary metals recycler.
367 (h) A description of the person from whom the regulated
368 metals property was Ejeeds we acquired, including:
369 1. Full name, current residential address, workplace, and
370 home and work phone numbers.
371 2. Height, weight, date of birth, race, gender, hair
372 color, eye color, and any other identifying marks.
373 3. The right thumbprint, free of smudges and smears.
374 4. Vehicle description to include the make, model, and tag
375 number of the vehicle and trailer of the person selling the
376 regulated metals property.
377 5. Any other information required by the form approved by
378 the Department of Law Enforcement.
379 (i) A photograph, videotape, or digital image of the
380 regulated metals being sold.
381 (j) A photograph, videotape, or similar likeness of the
382 person receiving consideration in which such person's facial
383 features are clearly visible.
384 (3) Any seeondary Etetals reeyeler that -fftai tamns -an
385 e l e c t e e—d a-b a s e— cuing the— o f eLcFftatd:en Te qaii=e d 4-Ft
386 ,
387
388 by the s e e eneiaLny ffiet-als --Lnee y e l-eL= an a a L�=gli-lc } p iint —tha that
389
390 tr-ansaetd:e,shall be e�Eefaptf =e the iceeeLaEis Lnequ±L=e rent of
391 . A secondary metals recycler complies with the
Page 14 of 22
CODING: Words s#rir-.kep are deletions; words underlined are additions.
hb0885 -00
Packet Page -2389-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
392 requirements of this section if it maintains an electronic
393 database containing the information required by subsection (2)
394 as long as the electronic information required
395 by subsection (2) , along with an electronic
396 oath of ownership with an electronic signature of the seller of
397 the secondary metals being purchased by the secondary metals
398 recyclers and an electronic image of the seller's right
399 thumbprint that has no smudges and smears, can be downloaded
400 onto a paper form in the image of the form approved by the
401 Department of Law Enforcement as provided in subsection (2).
402 (4) A secondary metals recycler shall maintain or cause to
403 be maintained the information required by this section for not
404 less than 3 -5 years from the date of the purchase transaction.
405 ( 5) if a purehase Trans e-t-1 en 4:n�o =el v e s the transfer- €e= o f
406 L=e(�,arlatee— Fftetals pLaepe_±~=~: A secondary metals recycler
407 registered with the department that purchases a motor vehicle
408 from a licensed salvage motor vehicle dealer as defined in s.
409 320.27 or -t-e another secondary metals recycler registered with
410 the department and uses a mechanical crusher to convert the
411 vehicle to scrap metal must obtain a signed statement from the
412 seller stating that the seller has surrendered the vehicle's
413 certificate of title to the Department of Highway Safety and
414 Motor Vehicles as provided in s. 319.30 or otherwise complied
415 with the titling requirements provided by law for conversion of
416 the vehicle to scrap metal. Afire secondary metals recycler is
417 not liable for the seller's failure to comply with the titling
418 requirements provided by law for conversion of a motor vehicle
419 to scrap metal if the secondary metals recycler obtains and
Page 15 of 22
CODING: WordsStF+ekeR are deletions; words underlined are additions.
hb0885 -00
Packet Page -2390-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I i v t 5
2012
420 maintains the seller's signed statement reeeiving —the Lae ffula :e
421 Efte t a l s prep ems- shall E e e-e id t li e n affte anEi addL=ess ef the
422 seeeneiaLay fftetals ineeyeleLa fi'efft 3hiThr- cceeiyed the Laegulated
423 Eftetale ja epe ty in lieta of the requireffien4c s ef paLnaffraph (2) (h)
424 Section 6. Section 538.235, Florida Statutes, is amended
425 to read:
426 538.235 Method of payment. -
427 (1) A secondary metals recycler may shall not enter into
428 any cash transaction_
429 (a) In excess of $1,000 in payfftent for the purchase of
430 regulated metals property; or
431 (b) In any amount for the purchase of restricted regulated
432 metals property.
433 (2) Payment in excess of $1,000 for the purchase of
434 regulated metals property shall be made by check issued to the
435 seller of the metal and payable to the seller.
436 (3) Payment for the purchase of restricted regulated
437 metals property shall be made by check issued to the seller of
438 the metal and payable to the seller or by electronic payment to
439 the seller's bank account or the seller's employer's bank
440 account.
441 (a) Each check shall be mailed by the secondary metals
442 recycler directly to the street address of the seller that is on
443 file with the secondary metals recycler unless otherwise
444 provided in this part. A check may not be mailed to a post
445 office box. Electronic payments shall be transmitted to an
446 account for which the seller is listed as an account holder or
447 an employee or agent of the seller.
Page 16 of 22
CODING: Words etriekGR are deletions; words underlined are additions.
hb0885 -00
Packet Page -2391-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I v t 5
2012
448 (b) Each check or electronic payment shall be mailed or
449 transmitted by the secondary metals recycler to the seller
450 within 3 days after the purchase transaction unless otherwise
451 provided in this section.
452 (c) The secondary metals recycler may provide a check at
453 the time of the purchase transaction, rather than mailing the
454 check as required in paragraph (a), if the seller is:
455 1. An organization, corporation, or association registered
456 with the state as a charitable, philanthropic, religious,
457 fraternal, civic, patriotic, social, or school - sponsored
458 organization or association, or any nonprofit corporation or
459 association;
460 2. A law enforcement officer acting in an official
461 capacity;
462 3. A trustee in bankruptcy, executor, administrator, or
463 receiver who has presented proof of such status to the secondary
464 metals recycler;
465 4. A public official acting under judicial process or
466 authority who has presented proof of such status to the
467 secondary metals recycler;
468 5. A sheriff acting under the authority of a court's writ
469 of execution, or by virtue of any process issued by a court, if
470 proof thereof has been presented to the secondary metals
471 recycler; or
472 6. A manufacturing, industrial, or other commercial vendor
473 that generates regulated materials in the ordinary course of
474 business.
Page 17 of 22
CODING: Words stFiGkee are deletions; words underlined are additions.
hb0885 -00
Packet Page -2392-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
475 Section 7. Section 538.26, Florida Statutes, is amended to
476 read:
477 538.26 Certain acts and practices prohibited. —It is
478 unlawful for a secondary metals recycler to do or allow any of
479 the following acts:
480 (1) Purchase regulated metals property, restricted
481 regulated metals property, or ferrous metals on weekdays before
482 7 a.m. or after 6 p.m., on Saturdays before 7 a.m. or after 3
483 p.m., and on Sundays. between the heiarrs e —9 .
484 -(2 ) Fa; :! t-e pay aiiy sales t- a�E eweel te— t-lie —depaEtfa —e r
485 fail to have —a sales t- aiEeg4:stLaatien ntxffibeL=.
486 (3) Purge regulateel Fftetals— preper--ty at a 1=-a'_ =-R et r
487 .
488 (2)4 -4+ Purchase regulated metals property, restricted
489 regulated metals property, or ferrous metals from any seller who
490 presents such property for sale at the registered location of
491 the secondary metals recycler when such property was not
492 transported in a motor vehicle.
493 (3)45+ Purchase regulated metals property, restricted
494 regulated metals property, or ferrous metals i:n return fems
495 from a traTleL=, a vehicle, eE any location other than a fixed
496 location er fL=effi any peL=sen whe Is Lequired
497 petEsiiant te subsc hiems -( -4) . Hewever, rejiala}fRetals Eftay be
498 ,
499 ,
500 draft ei= any I type ef instEi:iffient
501 .
502 (4)(a) Purchase any restricted regulated metals property
Page 18 of 22
CODING: Words stFiGkeR are deletions; words underlined are additions.
hb0885 -00
Packet Page -2393-
F L O R I D A H O U S E O F
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
listed in paragraph (b) unless the secondary metals recycler
obtains reasonable proof that the seller:
1. Owns such property. Reasonable proof of ownership may
include, but is not limited to, a receipt or bill of sale; or
2. Is an employee, agent, or contractor of the property's
owner who is authorized to sell the property on behalf of the
owner. Reasonable proof of authorization to sell the property
includes, but is not limited to, a signed letter on the owner's
letterhead, dated no later than 90 days before the sale,
authorizing the seller to sell the property.
(b) The purchase of any of the following regulated metals
property is subject to the restrictions provided in paragraph
/ .
1. A manhole cover.
2. An electric light pole or other utility structure and
its fixtures, wires, and hardware that are readily identifiable
as connected to the utility structure.
3. A guard rail.
4. A street sign, traffic sign, or traffic signal and its
fixtures and hardware.
5. Communication, transmission, distribution, and service
wire from a utility, including copper or aluminum bus bars,
connectors, grounding plates, or grounding wire.
6. A funeral marker or funeral vase.
7. A historical marker.
8. Railroad equipment, including, but not limited to, a
tie plate, siqnal house, control box, switch plate, E clip, or
rail tie !unction.
Page 19 of 22
CODING: Words StFiGkGR are deletions; words underlined are additions.
Packet Page -2394-
hb0885 -00
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
531 9. Any metal item that is observably marked upon
532 reasonable inspection with any form of the name, initials, or
533 logo of a governmental entity, utility company, cemetery, or
534 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.
j45 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,
548 referred to as a "fire department connection and control valve"
549 or an "FDC valve," that is commonly used on structures for
550 access to 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.
Page 20 of 22
CODING: Words str+skeR are deletions; words underlined are additions.
Packet Page -2395-
F L O R I D A H O U S E O F
HB 885
2/14/2012 Item 17.A.
R E P R E S E N I A I I V t 5
2012
559 Section 8. Section 538.28, Florida Statutes, is created to
560 read:
561 538.28 Local government regulation; preemption. -
562 (1) The regulation of purchase transactions involving
563 regulated metals property is preempted to the state. Except as
564 provided in subsection (2), an ordinance or regulation adopted
565 by a county or municipality relating to the purchase or sale of
566 regulated metals property or the registration or licensure of
567 secondary metals recyclers is void.
568 (2) This part does not preempt an ordinance or regulation
569 originally enacted by a county or municipality before March 1,
570 2012.
571 Section 9. For the purpose of incorporating the amendments
572 made by this act to sections 538.19, 538.235, and 538.26,
573 Florida Statutes, in references thereto, paragraph (a) of
574 subsection (1) of section 538.23, Florida Statutes, is reenacted
575 and amended to read:
576 538.23 Violations and penalties. -
577 (1)(a) Except as provided in paragraph (b), a secondary
578 metals recycler who knowingly and intentionally:
579 1. Violates s. 538.20 or s. 538.21;
580 2. Engages in a pattern of failing to keep records
581 required by s. 538.19;
582 3. Violates s. 538.26(2) S�8.26(4 -)-; or
583 4. Violates s. 538.235,
584
585 commits a misdemeanor of the first degree, punishable as
586 provided in s. 775.082.
Page 21 of 22
CODING: Words are deletions; words underlined are additions.
Packet Page -2396-
2/14/2012 Item 17.A.
F L O R I D A H O U S E O F R E P R E S E N I A I I V t 5
587
is
Section 10. This act shall take effect July 1, 2012.
Page 22 of 22
CODING: Words s#FiGIR are deletions; words underlined are additions.
Packet Page -2397-
2012
; no iI :: I1
2/14/2012 Item 17.A.
26D » Wednesday, February 1, 2012 1) N A P L E S D A I LY. N E W S
NOTICE OF, INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 14; 2012, In the Boardroom, 3rd
Floor, Administration Building, Collier County Government .Center, 3299 Tamiami
Trail East, Naples, Florida, the' Board of County :Commissioners .will consider the
enactment of a County Ordinance. The meeting will •commence .at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF :THE 'BOARD OF COUNTY COMMISSIONERS. OF COLLIER
COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO 'SECONDARY
METALS RECYCLERS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE
AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR .CONSTRUCTION
AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR . RECORDS
REQUIRED LIMITATION OF LIABILITY; PROVIDING FOR METHOD OF PAYMENT;
PROVIDING FOR CERTAIN ACTS AND PRACTICES PROHIBrMD; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF .LAWS
AND ORDINANCES;.AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator Prior to presentation of the .agenda item -to be addressed.
individual speakers will be Jimited to 3 minutes on .any item. The selection. of an
individual to speak on, behalf of an organization or group is encouraged:. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the resppeective
public hearing. In any case, written. materials intended to be considered by the
Board shall be submitted to the appropriate County staff. a minimum of seven days
prior to the public hearing. All material used in presentations before .the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
.record of the Proceedings is made, which record includes the testimony and
evidence upon which the .appeal .is based.
If you are a person with a disability who needs any accommodation in ofder to
participate in this .proceeding; you are .entitled, at no cost to you, to the provision
of certain assistance. Please, contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 10.1, Naples, Florida 34112,
(239) 252$380. Assisted listening devices for the hearing impaired are available. in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK '
Byy Ann Jennejohn, Deputy Clerk
(SEAL) ,
Feb ary 1. 2012 _- _ Nn IQI-MA
2
Packet Page -2398-