Agenda 01/24/2012 Item #16K5n
1124/2012 item 16.x.5.
EXECUTIVE SUMMARY
Request for authorization to advertise and bring back for future consideration an
ordinance which would 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) authorizes advertisement of
an ordinance for future consideration 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, underground telecommunication wiring, and beer kegs.
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 Sheriffs 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 Sheriffs 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.
LEGAL CONSIDERATIONS: The proposed ordinance is designed to supplement existing
State Law, and is " not in conflict with BB 885 as presently drafted.. This is only a request for
authorization to advertise the ordinance for future consideration, and requires a majority vote for
approval. - JAK
FISCAL IMPACT: The estimated cost to advertise the proposed ordinance is $400.00.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION:. That the Board of County Commissioners authorizes the County
Attorney to advertise the attached ordinance for future consideration by the Board
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5.
1/24/2012 Item 16.K.5.
Item Summary: Request for authorization to advertise and bring back for future
consideration an ordinance which would 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: 1/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/17/2012 2:36:04 PM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/17/2012 3:20:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/17/2012 3:25:29 PM
Name: OchsLeo
Title: County Manager
Date: 1/17/2012 4:36:26 PM
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1/24/2012 Item 16.K.5.
ORDINANCE NO. 2012 -
n
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 generator 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, underground
telecommunication wiring, and beer kegs, 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 53 8, 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
COMMSSIONERS 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
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unincorporated Collier County. This ordinance is not intended to regulate secondhand dealers
rte.
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
Recyclers 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.
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(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 stainless steel beer kegs 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 n
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 Sheriff's 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 Sheriff's
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
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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.
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(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) Strom Grates.
(20) Brass sprinkler heads used in commercial agriculture.
(21) Well and pool pumps.
(22) Household appliances.
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.
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(4) Purchase restricted regulated metals property and ferrous metals from a non -fixed location.
(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.
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SECTION FOURTEEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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