Florida Statutes 538.26 – Certain acts and practices prohibited
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It is unlawful for a secondary metals recycler to do or allow any of the following acts:
(1) Purchase regulated metals property, restricted regulated metals property, or ferrous metals before 7 a.m. or after 7 p.m.
(2) Purchase regulated metals property, restricted regulated metals property, or ferrous metals from any seller who presents such property for sale at the registered location of the secondary metals recycler when such property was not transported in a motor vehicle.
(3) Purchase regulated metals property, restricted regulated metals property, or ferrous metals from any location other than a fixed location.
(4) Purchase regulated metals property from a seller who:
(a) Uses a name other than his or her own name or the registered name of the seller’s business;
Terms Used In Florida Statutes 538.26
- Department: means the Department of Revenue. See Florida Statutes 538.18
- Ferrous metals: means any metals containing significant quantities of iron or steel. See Florida Statutes 538.18
- 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. See Florida Statutes 538.18
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Regulated metals property: means any item composed primarily of any nonferrous metals. See Florida Statutes 538.18
- Restricted regulated metals property: means any regulated metals property listed in…. See Florida Statutes 538.18
- Secondary metals recycler: means any person who:(a) Is engaged, from a fixed location, in the business of purchase transactions or 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. See Florida Statutes 538.18
- Utility: means a public utility or electric utility as defined in…. See Florida Statutes 538.18
(b) Is younger than 18 years of age; or(c) Is visibly or apparently under the influence of drugs or alcohol.
(5)(a) Purchase any restricted regulated metals property 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 (a):
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.
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. A brass water meter.
19. A storm grate.
20. A brass sprinkler head used in commercial agriculture.
21. More than two lead-acid batteries, or any part or component thereof, in a single purchase or from the same individual in a single day.
(6) Process or remove from the place of business of a secondary metals recycler a detached catalytic converter the secondary metals recycler has purchased for a period of 10 business days after the date of purchase. This subsection does not apply to the purchase of a detached catalytic converter from another secondary metals recycler, a salvage motor vehicle dealer as defined in s. 320.27(1)(c)5., or a person or an entity specified in s. 538.22.