Florida Regulations 12A-17.003: Registration
Current as of: 2024 | Check for updates
|
Other versions
(1)(a) Any person, corporation, or other business entity must submit a completed Registration Application for Secondhand Dealers and Secondary Metals Recyclers (Form DR-1S, incorporated by reference in Fl. Admin. Code R. 12A-17.005), and obtain a certificate of registration before engaging in business as a secondhand dealer or secondary metals recycler. If a secondhand dealer, or secondary metals recycler is the owner of more than one business location, the application must list each location owned by the same legal entity. The Department will issue a certificate of registration to the applicant for each location.
(b) Each business owner, officer, member, director, partner and stockholder with a controlling interest in the business entity must undergo a state and federal criminal history record check (background check). Employees of secondhand dealers or secondary metals recyclers with no controlling interest, financial or otherwise, are not required to undergo a criminal history record check.
(2)(a) The certificate of registration issued by the Department is only valid for the business entity listed on the certificate and for the registration indicated on the certificate. The certificate of registration may not be assigned or transferred to any other legal entity.
(b) Engaging in business as a secondhand dealer or secondary metals recycler without first obtaining a certificate of registration or after a certificate is revoked or suspended by the Department is prohibited.
(3) The effective date of the certificate of registration issued by the Department is the date the application is postmarked, hand-delivered, or submitted electronically to the Department. For the purposes of this rule, “”postmark date”” includes the date on which a taxpayer delivers a completed application to an express service or delivery service for delivery to the Department.
(4)(a) For businesses that hold a valid certificate of registration, a new completed application must be submitted and a new certificate of registration must be obtained when there is a change in the form of ownership in the business. For example, a sole proprietor that incorporates or a corporation that converts to a limited liability company must submit a new registration application to the Department and obtain a new certificate of registration.
(b) When there is a change in a general partner of a partnership, in the members of an association, joint venture, limited liability company, or other entity, or in the corporate officers, directors, or stockholders who hold a controlling interest in a corporation, each new partner, member, corporate officer or director, or stockholder must undergo a state and federal criminal history record check.
(5) Each business that holds a secondhand dealer or secondary metals recycler certificate of registration is required to pay an annual renewal fee of $6 per location. Renewal notices are provided annually to each registered secondhand dealer or secondary metals recycler. Annual renewal fees are due by October 1 of each year.
(6)(a) Local law enforcement officials may request a report on the registration of secondhand dealers or secondary metals recyclers in their jurisdiction by calling the Department at (850)488-6800. After verifying the official’s identity, as provided in Fl. Admin. Code R. 12-22.005, the Department will release the following information to a law enforcement official who requests verification of a secondhand dealer’s or a secondary metals recycler’s certificate of registration:
1. Whether a specified person holds a valid certificate of registration;
2. Whether a specified certificate number is valid, has been canceled, or is inactive or otherwise invalid and the name of the holder of that certificate number; and,
3. The name and address of any secondhand dealer or secondary metals recycler registered to do business within the official’s jurisdiction.
(b) Pursuant to Florida Statutes § 213.053(9), the Department will provide information required by an order of a judge or a subpoena.
Rulemaking Authority 213.06(1), 538.11, 538.37 FS. Law Implemented 213.053(9), (11), 538.09, 538.25, 538.32 FS. History-New 3-15-90, Amended 11-14-91, 4-18-93, 10-18-93, 10-17-94, 3-20-96, 8-1-02, 9-15-08, 6-1-09, 1-17-13, 1-10-17.
Terms Used In Florida Regulations 12A-17.003
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Subpoena: A command to a witness to appear and give testimony.
(2)(a) The certificate of registration issued by the Department is only valid for the business entity listed on the certificate and for the registration indicated on the certificate. The certificate of registration may not be assigned or transferred to any other legal entity.
(b) Engaging in business as a secondhand dealer or secondary metals recycler without first obtaining a certificate of registration or after a certificate is revoked or suspended by the Department is prohibited.
(3) The effective date of the certificate of registration issued by the Department is the date the application is postmarked, hand-delivered, or submitted electronically to the Department. For the purposes of this rule, “”postmark date”” includes the date on which a taxpayer delivers a completed application to an express service or delivery service for delivery to the Department.
(4)(a) For businesses that hold a valid certificate of registration, a new completed application must be submitted and a new certificate of registration must be obtained when there is a change in the form of ownership in the business. For example, a sole proprietor that incorporates or a corporation that converts to a limited liability company must submit a new registration application to the Department and obtain a new certificate of registration.
(b) When there is a change in a general partner of a partnership, in the members of an association, joint venture, limited liability company, or other entity, or in the corporate officers, directors, or stockholders who hold a controlling interest in a corporation, each new partner, member, corporate officer or director, or stockholder must undergo a state and federal criminal history record check.
(5) Each business that holds a secondhand dealer or secondary metals recycler certificate of registration is required to pay an annual renewal fee of $6 per location. Renewal notices are provided annually to each registered secondhand dealer or secondary metals recycler. Annual renewal fees are due by October 1 of each year.
(6)(a) Local law enforcement officials may request a report on the registration of secondhand dealers or secondary metals recyclers in their jurisdiction by calling the Department at (850)488-6800. After verifying the official’s identity, as provided in Fl. Admin. Code R. 12-22.005, the Department will release the following information to a law enforcement official who requests verification of a secondhand dealer’s or a secondary metals recycler’s certificate of registration:
1. Whether a specified person holds a valid certificate of registration;
2. Whether a specified certificate number is valid, has been canceled, or is inactive or otherwise invalid and the name of the holder of that certificate number; and,
3. The name and address of any secondhand dealer or secondary metals recycler registered to do business within the official’s jurisdiction.
(b) Pursuant to Florida Statutes § 213.053(9), the Department will provide information required by an order of a judge or a subpoena.
Rulemaking Authority 213.06(1), 538.11, 538.37 FS. Law Implemented 213.053(9), (11), 538.09, 538.25, 538.32 FS. History-New 3-15-90, Amended 11-14-91, 4-18-93, 10-18-93, 10-17-94, 3-20-96, 8-1-02, 9-15-08, 6-1-09, 1-17-13, 1-10-17.