Title: Secondhand Dealers and Secondary Metals Recyclers

Summary: Defines "appropriate law enforcement official." Clarifies a provision requiring that the secondhand dealers transaction form be delivered to the appropriate law enforcement official. Requires that a secondary metals recycler complete a transaction form and transmit it to the appropriate law enforcement official within 24 hours after the acquisition of regulated metals. Authorizes such recyclers to use an electronic database and transmit transaction forms electronically, etc.

Full Text:
An act relating to secondhand dealers and secondary metals recyclers; amending ss. 538.03 and 538.18, F.S.; defining the term  appropriate law enforcement official ; amending s. 538.04, F.S.; clarifying a provision requiring that the secondhand dealers transaction form be delivered to the appropriate law enforcement official; amending s. 538.19, F.S.; requiring that a secondary metals recycler complete a transaction form and transmit it to the appropriate law enforcement official within hours after the acquisition of regulated metals; authorizing such recyclers to use an electronic database and transmit transaction forms electronically; providing for appropriate law enforcement officials to provide software and computer equipment to recyclers; requiring that a recycler produce an original form in certain situations; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (j) is added to subsection (1) of section 538.03, Florida Statutes, to read: 538.03 Definitions; applicability.  (1) As used in this part, the term: (j ) Appropriate law enforcement official  means the sheriff of the county in which a secondhand dealer is located or,in the case of a secondhand dealer located within a municipality, the police chief of the municipality in which the secondhand dealer is located; however, any sheriff or police chief may designate as the appropriate law enforcement official for the county or municipality, as applicable, any law enforcement officer working within the county or municipality headed by that sheriff or police chief. This paragraph does not limit the power and responsibilities of the sheriff. Section 2. Subsection (1) of section 538.04, Florida Statutes, is amended to read: 538.04 Recordkeeping requirements; penalties.  (1) Secondhand dealers shall complete a secondhand dealers transaction form at the time of the actual transaction. A secondhand dealer shall maintain a copy of a completed transaction form on the registered premises for at least year after the date of the transaction. However, the secondhand dealer shall maintain a copy of the transaction form for not less than years. Unless other arrangements have been agreed upon by the secondhand dealer and the appropriate law enforcement agency, the secondhand dealer shall, within hours after the acquisition of any secondhand goods, deliver to the appropriate law enforcement official police department of the municipality where the goods were acquired or, if the goods were acquired outside of a municipality, to the sheriff s department of the county where the goods were acquired,a record of the transaction on a form approved by the Department of Law Enforcement. Such record shall contain: (a) The time, date, and place of the transaction. (b) A complete and accurate description of the goods acquired, including the following information, if applicable: 1. Brand name. 2. Model number. 3. Manufacturer s serial number. 4. Size. 5. Color, as apparent to the untrained eye. 6. Precious metal type, weight, and content if known. 7. Gemstone description, including the number of stones, if applicable. 8. In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and finish. 9. Any other unique identifying marks, numbers, or letters. (c) A description of the person from whom the goods were acquired, including: 1. Full name, current residential address, workplace, and home and work phone numbers. 2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks. 3. The right thumbprint, free of smudges and smears, of the person from whom the goods were acquired. (d) Any other information required by the form approved by the Department of Law Enforcement. Section 3. Subsection (10) is added to section 538.18, Florida Statutes, to read: 538.18 Definitions. As used in this part, the term: (10)   Appropriate law enforcement official  means the sheriff of the county in which a secondary metals recycler is located or,in the case of a secondary metals recycler located within a municipality, the police chief of the municipality in which the secondary metals recycler is located; however, any sheriff or police chief may designate as the appropriate law enforcement official for the county or municipality, as applicable, any law enforcement officer working within the county or municipality headed by that sheriff or police chief. This subsection does not limit the power and responsibilities of the sheriff. Section 4. Section 538.19, Florida Statutes, is amended to read: 538.19 Records required.  (1) A secondary metals recycler shall complete a transaction form at the time of the actual transaction. Unless other arrangements have been agreed upon, the secondary metals recycler shall, within hours after acquiring the regulated metals, deliver to the appropriate law enforcement official a record of the transaction on a form approved by the Department of Law Enforcement. The recycler shall also maintain a legible record of all purchase transactions to which the such secondary metals recycler is a party. (2) The following information must be maintained on the a form approved by the Department of Law Enforcement for each purchase transaction: (a) The name and address of the secondary metals recycler. (b) The name, initials, or other identification of the individual entering the information on the ticket. (c) The date and time of the transaction. (d) The weight, quantity, or volume, and a description of the type of regulated metals property purchased in a purchase transaction. (e) The amount of consideration given in a purchase transaction for the regulated metals property. (f) A signed statement from the person delivering the regulated metals property stating that she or he is the rightful owner of, or is entitled to sell, the regulated metals property being sold. If the purchase involves a stainless steel beer keg, the seller must provide written documentation from the manufacturer that the seller is the owner of the stainless steel beer keg or is an employee or agent of the manufacturer. (g) The distinctive number from the personal identification card of the person delivering the regulated metals property to the secondary metals recycler. (h) A description of the person from whom the goods were acquired, including: 1. Full name, current residential address, workplace, and home and work phone numbers. 2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks. 3. The right thumbprint, free of smudges and smears. 4. Vehicle description to include the make, model, and tag number of the vehicle and trailer of the person selling the regulated metals property. 5. Any other information required by the form approved by the Department of Law Enforcement. (i) A photograph, videotape, or digital image of the regulated metals being sold. (j) A photograph, videotape, or similar likeness of the person receiving consideration in which such person s facial features are clearly visible. (3) Any secondary metals recycler may, with the approval of the appropriate law enforcement official, use that maintains an electronic database containing the information required in subsection (2) paragraph (2)(h), a long with an oath of ownership with a signature of the seller of the secondary metals being purchased by the secondary metals recycler and a right thumbprint that has no smudges and smears on the oath of ownership for each purchase transaction, shall be exempt from the records requirement of paragraph (2)(h).A secondary metals recycler complies with the requirements of this section if it maintains an electronic database containing the information required by subsection (2) paragraph (2)(h) as long as the electronic information required by subsection (2) paragraph (2)(h),along with an electronic oath of ownership with an electronic signature of the seller of the secondary metals being purchased by the secondary metals recyclers and an electronic image of the seller s right thumbprint that has no smudges and smears, can be downloaded onto a paper form in the image of the form approved by the Department of Law Enforcement as provided in subsection (2). (4) If an appropriate law enforcement official supplies the software and the secondary metals recycler has the computer ability, the recycler shall electronically transmit regulated metals transaction records required by this section. If a recycler does not have such ability, the appropriate law enforcement official may provide the recycler with a computer and necessary equipment to electronically transmit such records. The appropriate law enforcement official shall retain ownership of the computer, unless otherwise agreed upon, and the recycler shall maintain the computer in good working order, ordinary wear and tear excepted. A recycler who transmits such records electronically is not required to also provide the original or paper copies of the forms to the appropriate law enforcement official. However, such official may, for purposes of a criminal investigation, require the recycler to provide the original of a transaction form that has been electronically transferred within hours after receipt of the request. (5) (4)  A secondary metals recycler shall maintain or cause to be maintained the information required by this section for not less than years from the date of the purchase transaction. (6) (5)  If a purchase transaction involves the transfer of regulated metals property from a secondary metals recycler registered with the department to another secondary metals recycler registered with the department, the secondary metals recycler receiving the regulated metals property shall record the name and address of the secondary metals recycler from which it received the regulated metals property in lieu of the requirements of paragraph (2)(h). Section 5. This act shall take effect July 1, 2011.