Bill Text: FL S1182 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Secondary Metals Recyclers
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2014-05-02 - Died in Appropriations [S1182 Detail]
Download: Florida-2014-S1182-Comm_Sub.html
Bill Title: Secondary Metals Recyclers
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2014-05-02 - Died in Appropriations [S1182 Detail]
Download: Florida-2014-S1182-Comm_Sub.html
Florida Senate - 2014 CS for SB 1182 By the Committee on Commerce and Tourism; and Senator Brandes 577-03116-14 20141182c1 1 A bill to be entitled 2 An act relating to secondary metals recyclers; 3 providing for a type two transfer of the regulation of 4 secondary metals recyclers from the Department of 5 Revenue to the Department of Agriculture and Consumer 6 Services; amending s. 213.05, F.S.; repealing 7 provision that requires that the Department of Revenue 8 regulate the registration of secondary metals 9 recyclers; amending s. 213.053, F.S.; authorizing the 10 Department of Revenue to share specified information 11 with the Department of Agriculture and Consumer 12 Services; conforming provisions to changes made by the 13 act; amending s. 319.30, F.S.; redefining the term 14 “certificate of registration number”; amending s. 15 538.18, F.S.; redefining terms; amending s. 538.19, 16 F.S.; requiring the Department of Agriculture and 17 Consumer Services, rather than the Department of Law 18 Enforcement, to approve the form of certain records 19 maintained by secondary metals recyclers; amending s. 20 538.20, F.S.; authorizing investigators of the 21 Department of Agriculture and Consumer Services to 22 inspect regulated metals property and records of 23 secondary metals recyclers; amending s. 538.21, F.S.; 24 clarifying a provision of law; amending s. 538.23, 25 F.S.; providing criminal penalties for specified 26 prohibited acts and practices; amending s. 538.25, 27 F.S.; revising required application information for a 28 secondary metals recycler registration; requiring that 29 a secondary metals recycler maintain certain insurance 30 coverage throughout the registration period; requiring 31 that certain applicants for a secondary metals 32 recycler registration be fingerprinted by certain 33 agencies, entities, or vendors; requiring such 34 agencies, entities, or vendors to submit a complete 35 set of the applicant’s fingerprints to the Department 36 of Law Enforcement for state processing; requiring the 37 Department of Law Enforcement to forward the 38 applicant’s fingerprints to the Federal Bureau of 39 Investigation for national processing; providing that 40 fees for fingerprint processing and retention be borne 41 by the applicant; providing for retention of the 42 fingerprints; requiring the department to notify the 43 Department of Law Enforcement of certain individuals 44 who are no longer registered as secondary metals 45 recyclers; requiring the department to screen results 46 of background checks; increasing registration and 47 renewal fees; requiring that fees be deposited into 48 the General Inspection Trust Fund, rather than the 49 Operating Trust Fund; requiring a secondary metals 50 recycler to allow personnel of the Department of 51 Agriculture and Consumer Services to inspect a 52 registration at the listed place of business; 53 providing remedies to the Department of Agriculture 54 and Consumer Services if a secondary metals recycler 55 fails to allow such inspection; repealing certain 56 civil fines; revising criteria to deny or revoke a 57 registration as a secondary metals recycler; providing 58 for immediate suspension of an application for 59 registration or a registration if the applicant or 60 registrant, or an owner, officer, director, or trustee 61 of an applicant or registrant is convicted of certain 62 felonies; conforming provisions to changes made by the 63 act; amending s. 538.26, F.S.; prohibiting a secondary 64 metals recycler from purchasing or allowing any person 65 to purchase certain metals on a Sunday; revising the 66 list of regulated metals subject to certain purchase 67 restrictions; creating s. 538.27, F.S.; providing 68 administrative penalties; specifying administrative 69 procedures; providing for the collection of 70 administrative fines; creating s. 538.29, F.S.; 71 authorizing the Department of Agriculture and Consumer 72 Services to adopt certain rules and forms; providing 73 an appropriation; providing an effective date. 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. All powers; duties; functions; records; 78 personnel; property; pending issues and existing contracts; 79 administrative authority; administrative rules; and unexpended 80 balances of appropriations, allocations, and other funds for the 81 regulation of secondary metal recyclers are transferred by a 82 type two transfer, as defined in s. 20.06(2), Florida Statutes, 83 from the Department of Revenue to the Department of Agriculture 84 and Consumer Services. 85 Section 2. Section 213.05, Florida Statutes, is amended to 86 read: 87 213.05 Department of Revenue; control and administration of 88 revenue laws.—The Department of Revenue shall have only those 89 responsibilities for ad valorem taxation specified to the 90 department in chapter 192, taxation, general provisions; chapter 91 193, assessments; chapter 194, administrative and judicial 92 review of property taxes; chapter 195, property assessment 93 administration and finance; chapter 196, exemption; chapter 197, 94 tax collections, sales, and liens; chapter 199, intangible 95 personal property taxes; and chapter 200, determination of 96 millage. The Department of Revenue shall have the responsibility 97 of regulating, controlling, and administering all revenue laws 98 and performing all duties as provided in s. 125.0104, the Local 99 Option Tourist Development Act; s. 125.0108, tourist impact tax; 100 chapter 198, estate taxes; chapter 201, excise tax on documents; 101 chapter 202, communications services tax; chapter 203, gross 102 receipts taxes; chapter 206, motor and other fuel taxes; chapter 103 211, tax on production of oil and gas and severance of solid 104 minerals; chapter 212, tax on sales, use, and other 105 transactions; chapter 220, income tax code; ss. 336.021 and 106 336.025, taxes on motor fuel and special fuel; s. 376.11, 107 pollutant spill prevention and control; s. 403.718, waste tire 108 fees; s. 403.7185, lead-acid battery fees; s. 538.09, 109 registration of secondhand dealers;s. 538.25, registration of110secondary metals recyclers;s. 624.4621, group self-insurer’s 111 fund premium tax; s. 624.5091, retaliatory tax; s. 624.475, 112 commercial self-insurance fund premium tax; ss. 624.509-624.511, 113 insurance code: administration and general provisions; s. 114 624.515, State Fire Marshal regulatory assessment; s. 627.357, 115 medical malpractice self-insurance premium tax; s. 629.5011, 116 reciprocal insurers premium tax; and s. 681.117, motor vehicle 117 warranty enforcement. 118 Section 3. Subsection (1), paragraph (p) of subsection (8), 119 and subsection (11) of section 213.053, Florida Statutes, are 120 amended to read: 121 213.053 Confidentiality and information sharing.— 122 (1) This section applies to: 123 (a) Section 125.0104, county government; 124 (b) Section 125.0108, tourist impact tax; 125 (c) Chapter 175, municipal firefighters’ pension trust 126 funds; 127 (d) Chapter 185, municipal police officers’ retirement 128 trust funds; 129 (e) Chapter 198, estate taxes; 130 (f) Chapter 199, intangible personal property taxes; 131 (g) Chapter 201, excise tax on documents; 132 (h) Chapter 202, the Communications Services Tax 133 Simplification Law; 134 (i) Chapter 203, gross receipts taxes; 135 (j) Chapter 211, tax on severance and production of 136 minerals; 137 (k) Chapter 212, tax on sales, use, and other transactions; 138 (l) Chapter 220, income tax code; 139 (m) Section 252.372, emergency management, preparedness, 140 and assistance surcharge; 141 (n) Section 379.362(3), Apalachicola Bay oyster surcharge; 142 (o) Chapter 376, pollutant spill prevention and control; 143 (p) Section 403.718, waste tire fees; 144 (q) Section 403.7185, lead-acid battery fees; 145 (r) Section 538.09, registration of secondhand dealers; 146(s) Section 538.25, registration of secondary metals147recyclers;148 (s)(t)Sections 624.501 and 624.509-624.515, insurance 149 code; 150 (t)(u)Section 681.117, motor vehicle warranty enforcement; 151 and 152 (u)(v)Section 896.102, reports of financial transactions 153 in trade or business. 154 (8) Notwithstanding any other provision of this section, 155 the department may provide: 156 (p) Names, addresses,andsales tax registration 157 information, and information relative to chapter 212 for 158 purposes of enforcing s.538.235(3), to the Division of Consumer 159 Services of the Department of Agriculture and Consumer Services 160 in the conduct of its official duties. 161 162 Disclosure of information under this subsection shall be 163 pursuant to a written agreement between the executive director 164 and the agency. Such agencies, governmental or nongovernmental, 165 shall be bound by the same requirements of confidentiality as 166 the Department of Revenue. Breach of confidentiality is a 167 misdemeanor of the first degree, punishable as provided by s. 168 775.082 or s. 775.083. 169 (11) Notwithstanding any other provision of this section, 170 with respect to a request for verification of a certificate of 171 registration issued pursuant to s. 212.18 to a specified dealer 172 or taxpayer or with respect to a request by a law enforcement 173 officer for verification of a certificate of registration issued 174 pursuant to s. 538.09 to a specified secondhand dealeror175pursuant to s. 538.25 to a specified secondary metals recycler, 176 the department may disclose whether the specified person holds a 177 valid certificate or whether a specified certificate number is 178 valid or whether a specified certificate number has been 179 canceled or is inactive or invalid and the name of the holder of 180 the certificate. This subsection doesshallnotbe construed to181 create a duty to request verification of any certificate of 182 registration. 183 Section 4. Paragraph (b) of subsection (1) of section 184 319.30, Florida Statutes, is amended to read: 185 319.30 Definitions; dismantling, destruction, change of 186 identity of motor vehicle or mobile home; salvage.— 187 (1) As used in this section, the term: 188 (b) “Certificate of registration number” means the 189 certificate of registration number issued by the Department of 190 Agriculture and Consumer ServicesRevenueof the State of191Floridapursuant to s. 538.25. 192 Section 5. Subsections (2) and (7) of section 538.18, 193 Florida Statutes, are amended to read: 194 538.18 Definitions.—As used in this part, the term: 195 (2) “Department” means the Department of Agriculture and 196 Consumer ServicesRevenue. 197 (7) “Personal identification card” means one of the 198 following forms of identification, which must be valid and 199 contain the individual’s photograph and current address: 200 (a) AvalidFlorida driver license. 201 (b),A Florida identification card issued by the 202 Department of Highway Safety and Motor Vehicles. 203 (c) A, an equivalentform of identification equivalent to 204 paragraph (a) or paragraph (b) issued by another state. 205 (d),A passport. 206 (e), orAn employment authorization issued by the United 207 States Bureau of Citizenship and Immigration Servicesthat208contains an individual’s photograph and current address. 209 Section 6. Subsections (1) through (3) of section 538.19, 210 Florida Statutes, are amended to read: 211 538.19 Records required; limitation of liability.— 212 (1) A secondary metals recycler shall maintain a legible 213 paper record of all purchase transactions to which such 214 secondary metals recycler is a party. A secondary metals 215 recycler shall also maintain a legible electronic record, in the 216 English language, of all such purchase transactions. The 217 appropriate law enforcement official may provide data 218 specifications regarding the electronic record format, but such 219 format must be approved by the departmentof Law Enforcement. An 220 electronic record of a purchase transaction shall be 221 electronically transmitted to the appropriate law enforcement 222 official no later than 10 a.m. of the business day following the 223 date of the purchase transaction. The record transmitted to the 224 appropriate law enforcement official must not contain the price 225 paid for the items. A secondary metals recycler who transmits 226 such records electronically is not required to also deliver the 227 original or paper copies of the transaction forms to the 228 appropriate law enforcement official. However, such official 229 may, for purposes of a criminal investigation, request the 230 secondary metals recycler to make available the original 231 transaction form that was electronically transmitted. This 232 original transaction form must include the price paid for the 233 items. The secondary metals recycler shall make the form 234 available to the appropriate law enforcement official within 24 235 hours after receipt of the request. 236 (2) The following information must be maintained on the 237 form approved by the departmentof Law Enforcementfor each 238 purchase transaction: 239 (a) The name and address of the secondary metals recycler. 240 (b) The name, initials, or other identification of the 241 individual entering the information on the ticket. 242 (c) The date and time of the transaction. 243 (d) The weight, quantity, or volume, and a description of 244 the type of regulated metals property purchased in a purchase 245 transaction. 246 (e) The amount of consideration given in a purchase 247 transaction for the regulated metals property. 248 (f) A signed statement from the person delivering the 249 regulated metals property stating that she or he is the rightful 250 owner of, or is entitled to sell, the regulated metals property 251 being sold. If the purchase involves a stainless steel beer keg, 252 the seller must provide written documentation from the 253 manufacturer that the seller is the owner of the stainless steel 254 beer keg or is an employee or agent of the manufacturer. 255 (g) The distinctive number from the personal identification 256 card of the person delivering the regulated metals property to 257 the secondary metals recycler. 258 (h) A description of the person from whom the regulated 259 metals property was acquired, including: 260 1. Full name, current residential address, workplace, and 261 home and work phone numbers. 262 2. Height, weight, date of birth, race, gender, hair color, 263 eye color, and any other identifying marks. 264 3. The right thumbprint, free of smudges and smears. 265 4. Vehicle description to include the make, model, and tag 266 number of the vehicle and trailer of the person selling the 267 regulated metals property. 268 5. Any other information required by the form approved by 269 the departmentof Law Enforcement. 270 (i) A photograph, videotape, or digital image of the 271 regulated metals being sold. 272 (j) A photograph, videotape, or similar likeness of the 273 person receiving consideration in which such person’s facial 274 features are clearly visible. 275 (3) A secondary metals recycler complies with the 276 requirements of this section if it maintains an electronic 277 database containing the information required by subsection (2) 278 as long as the electronic information required by subsection 279 (2), along with an electronic oath of ownership with an 280 electronic signature of the seller of the secondary metals being 281 purchased by the secondary metals recyclers and an electronic 282 image of the seller’s right thumbprint that has no smudges and 283 smears, can be downloaded onto a paper form in the image of the 284 form approved by the departmentof Law Enforcementas provided 285 in subsection (2). 286 Section 7. Section 538.20, Florida Statutes, is amended to 287 read: 288 538.20 Inspection of regulated metals property and 289 records.—During the usual and customary business hours of a 290 secondary metals recycler, a law enforcement officer or a 291 nonsworn, trained regulatory investigator of the department 292 shall, after properly identifying herself or himselfas a law293enforcement officer, have the right to inspect: 294 (1) Any and all purchased regulated metals property in the 295 possession of the secondary metals recycler, and 296 (2) Any and all records required to be maintained under s. 297 538.19. 298 Section 8. Subsection (3) of section 538.21, Florida 299 Statutes, is amended to read: 300 538.21 Hold notice.— 301 (3) A secondary metals recycler may not dispose of property 302 at any location until any holding period has expired. At the 303 expiration of the hold period or, if extended in accordance with 304 this section, at the expiration of the extended hold period, the 305 hold is automatically released and the secondary metals recycler 306 may dispose of the regulated metals property unless other 307 disposition has been ordered by a court of competent 308 jurisdiction. 309 Section 9. Subsections (1) and (3) of section 538.23, 310 Florida Statutes, are amended to read: 311 538.23 Violations and penalties.— 312 (1)(a) Except as provided in paragraph (b), a secondary 313 metals recycler who knowingly and intentionally: 314 1. Violates s. 538.20,ors. 538.21, s. 538.235, or s. 315 538.26; or 316 2. Engages in a pattern of failing to keep records required 317 underbys. 538.19;3183. Violates s. 538.26(2); or3194. Violates s. 538.235, 320 321 commits a felony of the third degree, punishable as provided in 322 s. 775.082, s. 775.083, or s. 775.084. 323 (b) A secondary metals recycler who commits a third or 324 subsequent violation of paragraph (a) commits a felony of the 325 second degree, punishable as provided in s. 775.082, s. 775.083, 326 or s. 775.084. 327 (3) AAnyperson who knowingly provides false information, 328 gives false verification of ownership, or who gives a false or 329 altered identification and who receives money or other 330 consideration from a secondary metals recycler in return for 331 regulated metals property commits: 332 (a) A felony of the third degree, punishable as provided in 333 s. 775.082, s. 775.083, or s. 775.084, if the value of the money 334 or other consideration received is less than $300. 335 (b) A felony of the second degree, punishable as provided 336 in s. 775.082, s. 775.083, or s. 775.084, if the value of the 337 money or other consideration received is $300 or more or is for 338 restricted regulated metals. 339 Section 10. Section 538.25, Florida Statutes, is amended to 340 read: 341 538.25 Registration.— 342 (1) A person may not engage in business as a secondary 343 metals recycler at any location without registering with the 344 department. To register as a secondary metals recycler, an 345 application must be submitted to the department on a department 346 prescribed form. One application is required for each secondary 347 metals recycler. An applicant must be a natural person who is at 348 least 18 years of age or a corporation that is organized or 349 qualified to do business in this state. If the applicant is a 350 partnership, each partner must separately apply for 351 registration. 352 (a) The application must include all the following 353 information: 354 1. The full name and address of the applicant. If the 355 applicant is not a natural person, the applicant shall provide 356 the full name and address of each direct and beneficial owner of 357 at least 10 percent equity interest in the applicant. If the 358 applicant is a corporation, the applicant must also state the 359 full name and address of each officer and director. The 360 department shall accept applications only from a fixed business 361 address. The department may not accept an application that 362 provides an address of a hotel room or motel room, a vehicle, or 363 a post office box. 364 2. The address of each location where the applicant will 365 engage in business as a secondary metals recycler. The 366 department shall issue a duplicate registration for each 367 location. For purposes of subsections (3) and (4) and s. 538.27, 368 duplicate registrations are individual registrations. 369 3. If the applicant is a natural person, a complete set of 370 his or her fingerprints, certified by an authorized law 371 enforcement officer, and a copy of a valid fullface photographic 372 identification card. 373 4. If the applicant is a corporation, the name and address 374 of the corporation’s registered agent for service of process in 375 the state; and a certified copy of a statement from the 376 Secretary of State declaring that the corporation is duly 377 organized in this state or, if the corporation is organized in 378 another state, declaring that the corporation is duly qualified 379 to do business in this state. 380 5. Evidence of general liability insurance and workers’ 381 compensation insurance coverage. Each secondary metals recycler 382 must maintain general liability insurance and workers’ 383 compensation insurance throughout the registration period. 384 Failure to maintain general liability insurance and workers’ 385 compensation insurance during the registration period 386 constitutes an immediate threat to the public health, safety, 387 and welfare, and the department may suspend or deny the 388 registration of a secondary metals recycler without such 389 insurance coverage. 390 6. Any additional information requested by the department. 391 (b)(a)An applicant shall remit a registration fee of $350 392 for each of the applicant’s business locations with each 393 application for registration and, if applicable, a fee equal to 394 the federal and state costs for processing required fingerprints 395must be submitted to the department with each application for396registration.One application is required for each secondary397metals recycler.If a secondary metals recycler is the owner of398more than one secondary metals recycling location, the399application must list each location, and the department shall400issue a duplicate registration for each location. For purposes401of subsections (3), (4), and (5), these duplicate registrations402shall be deemed individual registrations.A secondary metals 403 recycler shall paya fee of $6 perlocation at the time of404registration andan annual renewal fee of $350$6per location 405 on October 1 of each year. All fees collected, less costs of 406 administration, shall be transferred into the General Inspection 407OperatingTrust Fund. 408 (c)1. An applicant who is required to submit a copy of his 409 or her fingerprints under paragraph (a) must be fingerprinted by 410 an agency, entity, or vendor that meets the requirements of s. 411 943.053(13). The agency, entity, or vendor shall forward a 412 complete set of the applicant’s fingerprints to the Department 413 of Law Enforcement for state processing, and the Department of 414 Law Enforcement shall forward the applicant’s fingerprints to 415 the Federal Bureau of Investigation for national processing. 416 2. Fees for state and national fingerprint processing and 417 fingerprint retention shall be borne by the applicant. The state 418 cost for fingerprint processing is that authorized in s. 419 943.053(3)(b) for records provided to persons or entities other 420 than those specified as exceptions therein. 421 3. All fingerprints submitted to the Department of Law 422 Enforcement as required under this paragraph shall be retained 423 by the Department of Law Enforcement as provided under s. 424 943.05(2)(g) and (h) and enrolled in the Federal Bureau of 425 Investigation’s national retained print arrest notification 426 program. Fingerprints may not be enrolled in the national 427 retained print arrest notification program until the Department 428 of Law Enforcement begins participation with the Federal Bureau 429 of Investigation. Arrest fingerprints will be searched against 430 the retained prints by the Department of Law Enforcement and the 431 Federal Bureau of Investigation. 432 4. For any renewal of the applicant’s registration, the 433 department shall request the Department of Law Enforcement to 434 forward the retained fingerprints of the applicant to the 435 Federal Bureau of Investigation unless the applicant is enrolled 436 in the national retained print arrest notification program 437 described in subparagraph 3. The fee for the national criminal 438 history check shall be paid as part of the renewal fee to the 439 department and forwarded by the department to the Department of 440 Law Enforcement. If the applicant’s fingerprints are retained in 441 the national retained print arrest notification program, the 442 applicant shall pay the state and national retention fee to the 443 department, and the department shall forward the fee to the 444 Department of Law Enforcement. 445 5. The department shall notify the Department of Law 446 Enforcement regarding any person whose fingerprints have been 447 retained but who is no longer registered under this chapter. 448 6. The department shall screen background results to 449 determine if an applicant meets registration requirements. 450(b) The department shall forward the full set of451fingerprints to the Department of Law Enforcement for state and452federal processing, provided the federal service is available,453to be processed for any criminal justice information as defined454in s. 943.045. The cost of processing such fingerprints shall be455payable to the Department of Law Enforcement by the department.456The department may issue a temporary registration to each457location pending completion of the background check by state and458federal law enforcement agencies but shall revoke such temporary459registration if the completed background check reveals a460prohibited criminal background. The Department of Law461Enforcement shall report its findings to the Department of462Revenue within 30 days after the date the fingerprints are463submitted for criminal justice information.464(c) An applicant for a secondary metals recycler465registration must be a natural person who has reached the age of46618 years or a corporation organized or qualified to do business467in the state.4681. If the applicant is a natural person, the registration469must include a complete set of her or his fingerprints,470certified by an authorized law enforcement officer, and a recent471fullface photographic identification card of herself or himself.4722. If the applicant is a partnership, all the partners must473make application for registration.4743. If the applicant is a corporation, the registration must475include the name and address of such corporation’s registered476agent for service of process in the state and a certified copy477of statement from the Secretary of State that the corporation is478duly organized in the state or, if the corporation is organized479in a state other than Florida, a certified copy of the statement480that the corporation is duly qualified to do business in this481state.482 (2) A secondary metals recycler’s registration shall be 483 conspicuously displayed at the place of business set forth on 484 the registration. A secondary metals recycler must allow 485 department personnel to enter the place of business to ascertain 486 whether a registration is current. If department personnel are 487 refused entry or access for such purpose, the department may 488 seek an inspection warrant pursuant to ss. 933.20-933.30 to 489 obtain compliance with this subsectionA secondary metals490recycler shall not dispose of property at any location until any491holding period has expired. 492(3) The Department of Revenue may impose a civil fine of up493to $10,000 for each knowing and intentional violation of this494section, which fine shall be transferred into the General495Revenue Fund. If the fine is not paid within 60 days, the496department may bring a civil action under s. 120.69 to recover497the fine.498 (3)(4)In addition to the penaltiesfineprovided in s. 499 538.27subsection (3), registration under this section may be 500 denied or any registration granted may be revoked, restricted, 501 or suspended by the department if, after October 2, 1989, and 502 within a 10-year24-monthperiod immediately preceding such 503 denial, revocation, restriction, or suspension: 504 (a) The applicant or registrant, or an owner, officer, 505 director, or trustee of a registrant or applicant has been 506 convicted of knowingly and intentionally: 507 1. Violating s. 538.20,ors. 538.21, or s. 538.26; 508 2. Engaging in a pattern of failing to keep records as 509 required by s. 538.19; 510 3. Making a material false statement in the application for 511 registration; or 512 4. Engaging in a fraudulent act in connection with any 513 purchase or sale of regulated metals property; 514 (b) The applicant or registrant, or an owner, officer, 515 director, or trustee of a registrant or applicant has been 516 convicted of, or entered a plea of guilty or nolo contendere to, 517 a felony committed by the secondary metals recycler against the 518 laws of the state or of the United States involving theft, 519 larceny, dealing in stolen property, receiving stolen property, 520 burglary, embezzlement, obtaining property by false pretenses, 521 possession of altered property, or any felony drug offense or of 522 knowingly and intentionally violating the laws of the state 523 relating to registration as a secondary metals recycler; or 524 (c) The applicant or registrant has, after receipt of 525 written notice from the Department of Revenue of failure to pay 526 sales tax, failed or refused to pay, within 30 days after the 527 secondary metals recycler’s receipt of such written notice, any 528 sales tax owed to the Department of Revenue. 529 (4)(5)A denial of an application, or a revocation, 530 restriction, or suspension of a registration, by the department 531 shall be probationary for a period of 12 months in the event 532 that the secondary metals recycler subject to such action has 533 not had any other application for registration denied, or any 534 registration revoked, restricted, or suspended, by the 535 department within the previous 24-month period. 536 (a) If, during the 12-month probationary period, the 537 department does not again deny an application or revoke, 538 restrict, or suspend the registration of the secondary metals 539 recycler, the action of the department shall be dismissed and 540 the record of the applicant or secondary metals recycler cleared 541 thereof. 542 (b) If, during the 12-month probationary period, the 543 department, for reasons other than those existing beforeprior544tothe original denial or revocation, restriction, or 545 suspension, again denies an application or revokes, restricts, 546 or suspends the registration of the secondary metals recycler, 547 the probationary nature of such original action shall terminate, 548 and both the original action of the department and the action of 549 the department causing the termination of the probationary 550 nature thereof shall immediately be reinstated against the 551 applicant or secondary metals recycler. 552 (c) The department shall immediately suspend a registration 553 or the processing of an application for registration upon 554 notification and subsequent written verification by a law 555 enforcement agency, a court, a state attorney, or the Department 556 of Law Enforcement that the registrant or applicant, or an 557 owner, officer, director, or trustee of a registrant or 558 applicant, is convicted of a felony enumerated in chapter 812 or 559 chapter 817. 560 (5)(6)Upon the request of a law enforcement official, the 561 departmentof Revenueshall release to the official the name and 562 address of any secondary metals recycler registered to do 563 business within the official’s jurisdiction. 564 Section 11. Subsections (1) and (5) of section 538.26, 565 Florida Statutes, are amended to read: 566 538.26 Certain acts and practices prohibited.—It is 567 unlawful for a secondary metals recycler to do or allow any of 568 the following acts: 569 (1) Purchase regulated metals property, restricted 570 regulated metals property, or ferrous metals before 7 a.m. or 571 after 7 p.m., or any time on Sunday. 572 (5)(a) Purchase any restricted regulated metals property 573 listed in paragraph (b) unless the secondary metals recycler 574 obtains reasonable proof that the seller: 575 1. Owns such property. Reasonable proof of ownership may 576 include, but is not limited to, a receipt or bill of sale; or 577 2. Is an employee, agent, or contractor of the property’s 578 owner who is authorized to sell the property on behalf of the 579 owner. Reasonable proof of authorization to sell the property 580 includes, but is not limited to, a signed letter on the owner’s 581 letterhead, dated no later than 90 days before the sale, 582 authorizing the seller to sell the property. 583 (b) The purchase of any of the following regulated metals 584 property is subject to the restrictions provided in paragraph 585 (a): 586 1. A manhole cover. 587 2. A metalAnelectric light poleor other utility588structureand its fixtures. 589 3., wires, andHardware that isarereadily identifiable 590 as connected to a metal electric lightthe utilitystructure. 591 4.3.A guard rail. 592 5.4.A street sign, traffic sign, or traffic signal and its 593 fixtures and hardware. 594 6.5.Communication, transmission, distribution, and service 595 wire from a utility, including copper or aluminum bus bars, 596 connectors, grounding plates, or grounding wire. 597 7.6.A funeral marker or funeral vase. 598 8.7.A historical marker. 599 9.8.Railroad equipment, including, but not limited to, a 600 tie plate, signal house, control box, switch plate, E clip, or 601 rail tie junction. 602 10.9.Any metal item that is observably marked upon 603 reasonable inspection with any form of the name, initials, or 604 logo of a governmental entity, utility company, cemetery, or 605 railroad. 606 11.10.A copper, aluminum, or aluminum-copper condensing or 607 evaporator coil, including its tubing or rods, from an air 608 conditioning or heating unit, excluding coils from window air 609 conditioning or heating units and motor vehicle air-conditioning 610 or heating units. 611 12.11.An aluminum or stainless steel container or bottle 612 designed to hold propane for fueling forklifts. 613 13.12.A stainless steel beer keg. 614 14.13.A catalytic converter or any nonferrous part of a 615 catalytic converter unless purchased as part of a motor vehicle. 616 15.14.Metallic wire that has been burned in whole or in 617 part to remove insulation. 618 16.15.A brass or bronze commercial valve or fitting, 619 referred to as a “fire department connection and control valve” 620 or an “FDC valve,” that is commonly used on structures for 621 access to water for the purpose of extinguishing fires. 622 17.16.A brass or bronze commercial potable water backflow 623 preventer valve that is commonly used to prevent backflow of 624 potable water from commercial structures into municipal domestic 625 water service systems. 626 18.17.A shopping cart. 627 19.18.A brass water meter. 628 20.19.A storm grate. 629 21.20.A brass sprinkler head used in commercial 630 agriculture. 631 22.21.Three or morethan twolead-acid batteries, or any 632 part or component thereof, in a single purchase or from the same 633 individual in a single day. 634 Section 12. Section 538.27, Florida Statutes, is created to 635 read: 636 538.27 Administrative penalties.— 637 (1) Upon a determination that a violation of s. 538.19, s. 638 538.235, s. 538.25, or s. 538.26 has occurred, the department 639 may do one or more of the following: 640 (a) Issue a notice of noncompliance pursuant to s. 120.695. 641 (b) Impose an administrative fine not to exceed $200 per 642 violation and not to exceed $5,000 per inspection. 643 (c) Direct that the secondary metals recycler cease and 644 desist specified activities. 645 (2) Administrative proceedings that could result in the 646 entry of an order imposing any penalty specified in this section 647 must be conducted in accordance with chapter 120. 648 (3) Fines collected under this section shall be deposited 649 into the General Inspection Trust Fund. The department may bring 650 a civil action under s. 120.69 to recover any fine imposed under 651 this section which is not paid within 60 days after imposition. 652 Section 13. Section 538.29, Florida Statutes, is created to 653 read: 654 538.29 Rulemaking authority.—The department may adopt rules 655 and forms to administer the provisions of this part. The rules 656 must include tiered penalties for violations of this part. 657 Section 14. For the 2014-2015 fiscal year, there is 658 appropriated to the Department of Agriculture and Consumer 659 Services, the sums of $259,721 in recurring and $185,664 in 660 nonrecurring funds from the General Inspection Trust Fund, and 4 661 full-time equivalent positions with associated salary rate of 662 138,181, are authorized for the purpose of implementing this 663 act. 664 Section 15. This act shall take effect July 1, 2014.