Miami-Dade Legislative Item
File Number: 110847
   Clerk's Official Copy   

File Number: 110847 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 11-17 Control: Board of County Commissioners
File Name: SCRAP METAL PROCESSORS AND JUNK DEALERS Introduced: 4/13/2011
Requester: NONE Cost: Final Action:
Agenda Date: 4/4/2011 Agenda Item Number: 7C
Notes: THIS IS THE FINAL VERSION AS ADOPTED. Title: ORDINANCE RELATING TO SCRAP METAL PROCESSORS AND JUNK DEALERS; AMENDING SECTIONS 8A-203 AND 8A-237 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTIONS 8A-9 – 8A-9.6 OF THE CODE OF MIAMI-DADE COUNTY; FLORIDA; REGULATING SCRAP METAL PROCESSORS AND JUNK DEALERS; PROVIDING DEFINITIONS; PROVIDING FOR RECORDKEEPING AND INSPECTION; PROHIBITING CASH TRANSACTIONS AND RESTRICTING PURCHASES OF CERTAIN ITEMS; PROVIDING APPLICABILITY, ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 110085, 110128 AND 110613]
Indexes: ORDINANCE RELATING
  SCRAP METAL
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 4/13/2011 Assigned Henry N. Gillman

Board of County Commissioners 4/4/2011 7C AMENDED Adopted as amended P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Edmonson requested that additional amendments to the foregoing proposed ordinance be read into the record. She noted that after a recent meeting with people from this industry, changes were requested, and her intent was to ensure people who purchased these stolen items were disciplined. Assistant County Attorney Henry Gillman read the following proposed amendments of the foregoing ordinance into the record: (1)Handwritten page 12 under Section I: the Definition of Regulated Metal Property: to add the language after …the terms shall also include stainless steel beer kegs… to read “and manhole covers. “ (2) to add language to the following term under Sub-Section K: “Restricted regulated metals property means any regulated metal property listed in Section 8A9.4, the sale at which is restricted provided in Section 8A9.3. “ (3) Handwritten page 15 to amend the language by adding the following, “…there shall at all reasonable time be subject to inspection by any local law enforcement officer commissioned in the State…in the Miami-Dade Inspector’s General Office.” (4) Handwritten page 15 to add Sub-Section E to read: “If the purchase transaction involves a transfer of regulated metals property from a secondary metal recycler registered with the states to another secondary metal recycler registered with the state, the secondary metal recycler receiving the regulated metals property shall record the name and address of the secondary metal recycler from which it received the regulated metal property in lieu of the requirements in paragraph E.” (5) Handwritten page 15 to amend the language in Section 8A9.3 Under Sub-Section A to read: “…A junk dealer, scrap metal processor shall not enter into any cash transaction for the purchase of restricted regulated metals property listed in Section 8A9.4. Sub-Section B: Consideration for the purchase of restricted regulated metals property shall be made by check issued to the seller under regulated metals property and payable to the seller or by a voucher issued to the seller, which can be used and at on sight electronic device, which produces, retains, and stores an accounting of all the information required in Section 8A9.2.” (6) Handwritten page 15 to amend Section 8A9.4 Restrictions on Purchases to read: “… A junk dealer scrap metal processor shall not purchase any of the following restricted regulated metals property without obtaining reasonable proof that the seller owns the property (such as a receipt or bill of sale) or reasonable proof that the seller is a employee, agent or contractor of a governmental entity, utility company, cemetery railroad, manufacturer, or other person, business or entity owning the property and the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or entity. 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. “ (7) Handwritten page 17 under Penalties to add language to read: “Any person who violates or fails to comply with any provision of this ordinance shall also be subject to a fine in the amount of one thousand dollars ($1,000.00) in accordance with Chapter 8CC of this Code. Chapter 8CC is hereby amended to include such fine. Each item of restricted regulated metals property listed in section 8A-9.4 that a scrap metal processor or junk dealer purchases in violation of this ordinance shall be deemed a separate violation for which a separate fine shall be assessed.” (8) Section 8A9.5: under Applicability and Enforcements to add language to read: “This ordinance shall not apply to purchase transactions from sellers exempt pursuant to section 538.22, Florida Statutes.” In conclusion, Assistant County Attorney Henry Gillman noted that the following language would be included in this proposed ordinance…Section 8A203 and 8A237 has been amended to keep the current provisions in place and that theses subject provisions would only be deleted if House Bill 753 and Senate Bill 1528 were not approved during the 2011 Legislative Session. Commissioner Edmonson noted that she did not want to delay this ordinance by providing a supplement, or requesting a deferral because half of her commission district and several other districts did not have street lights due to the theft of the copper wiring, which was a safety issue. Commissioner Edmonson asked her colleagues, specifically Commissioner Diaz to assist her in appointing members to a Task Force because some of these businesses were located in District 12, wherein this Board would come back to make amendments to this particular item. She noted she would like to see that once this copper wiring was replaced by the County or Florida Power and Light (FPL), the Police Department would have a crime prevention system in place and a way to identify people who committed these crimes. Commissioner Jordan noted that she had become a cosponsor for this item and at the committee level she believed some of the same amendments were adopted. She asked that those amendments be read into the record for clarification. Assistant County Attorney Henry Gillman advised that on handwritten page 15 following the previous (3) third amendment, the amendment made by Commissioner Jordan would read as follows: Local law enforcement shall implement a regular inspection process of secondary metal recyclers. The process shall include a report being automatically generated and sent to the Florida Department of Revenue for every violation of this ordinance and of Part II of Chapter 538 of the Florida Statutes. Assistant County Attorney Gillman further advised that another amendment was added by Commissioner Jordan in Section 8A9.4 after the itemized list that would read as follows: The scrap metal processor or junk dealer shall require a reasonable proof of ownership for each individual item of restricted regulated property that is offered for purchase. Commissioner Edmonson requested that the Board members address the proposed amendments individually and noted that she accepted both amendments. Assistant County Attorney Gillman advised that the third recommended amendment by Commissioner Jordan was under Section 8A9.6, with the additional language to read: “…Each individual item of restricted metals property listed in Section 8A9.4 that a scrap metal processor or junk dealer purchases in violation of this ordinance shall be deemed a separate violation for which a separate penalty shall assessed.” Commissioner Bell noted she had also proposed an amendment for this ordinance to strengthen the penalties that would allow each violation to be individually penalized and to increase the fines. Commissioner Jordan noted this was the intent of her proposed amendments, and she commended Commissioner Edmonson for this proposed ordinance. She noted upon reviewing this item at the committee level it was determined that an individual could have 10 violations, but receive only one penalty. Commissioner Jordan noted this amendment reflected that each violation would be penalized in order to discourage multiple sales of a single item and increases the fine. Assistant County Attorney Gillman advised this proposal met the legal requirements and he explained that Commissioner Jordan’s amendment refers to the individual items in the restricted regulated metal property, and Commissioner Bell’s amendment referred to separate violations within the ordinance. He proceeded to read the language in that proposed amendment: “…Each violation shall be deemed as a separate offense for which a separate fine shall be assessed regardless of whether two or more violations occur in a same transaction.” Assistant County Attorney Gillman noted both amendments were consistent and would be included in this ordinance once Commissioner Edmonson accepted. Chairman Martinez requested clarification regarding whether these items would include a criminal statue, and whether a scrap dealer was required to report anyone who tried selling metal properties owned by County or Florida Power and Light (FPL), such as manhole covers. Assistant County Attorney Gillman responded that the current statute did not have that requirement. Chairman Martinez emphasized a large part of this problem would be resolved if scrap dealers were penalized for not reporting anyone who tried sell metal properties owned by the County or FPL, and could be searched by the Police Department facing criminal charges. Commissioner Heyman noted her support in this item, and she pointed out the issue of needing more security on construction sites, and the need to include pawn shops in the reporting requirements of purchased metal properties. In response to Commissioner Heyman’s inquiry regarding the language in this ordinance concerning who was responsible to report sales, Assistant County Attorney Gillman noted the purchaser of the metal properties was responsible of keeping record of all purchases, which was addressed in Commissioner Jordan’s proposal and accepted by Commissioner Edmonson. Commissioner Heyman questioned whether Section 8A9.3 under Prohibitions of Cash Transactions language consisted of system to help people with the record keeping, and would there be an allowance for people who collect metal in a non-cash transaction versus those who had illegally taken metal property. Assistant County Attorney Gillman advised that under this amended ordinance any manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business was exempt from this ordinance. Commissioner Heyman noted her concern that during the trash pick up, certain trucks come through her community that usually pick up metal and likely take it to a recycling site for reclamation of scrap metal She asked was there a system in place for people who have a legitimate business account to show proof of their business. Commissioner Edmonson asked for clarification of cashless transactions that only applied to the restricted regulated material. Assistant County Attorney Gillman noted that the scenario described by Commissioner Heyman would have an impact. Commissioner Heyman noted she was supportive of this item and requested to be a co-sponsor. Commissioner Moss commended Commissioner Edmonson for taking on this project, and that he had become interested in the issue because churches and non-profit organizations had been vandalized in his District. In response to Commissioner Moss’ question regarding what was exempt from the state law, Assistant County Attorney Gillman explained the state statue provides certain exemptions from the state law under Section 538.22 that exemptions included purchases of regulated metal property from organizations, corporations, or associations registered with the state as charitable, philanthropic, religious fraternal, civic patriotic social or school sponsored organizations or associations, or from any non profit corporations and associations, or from a law enforcement officer acting at a official capacity or trustee or bankruptcy executor administrator or receiver who presents proof of such status to a secondary metal recycler or any public official acting under judicial process or authority who presents prudent sub-status to secondary metal recycler or a sale on the execution for by virtue of a process issued by court and proof thereof has been presented to the secondary metal recycler or a manufacturing industrial or other commercial vendor that generates regulated materials in an ordinary course of business. Assistant County Attorney Gillman further explained that a secondary dealer or a scrap metal processor who purchase regulated metal properties from that list of people would not be affected by the ordinance or the statute. Commissioner Moss noted he agreed with Commissioner Edmonson that this was an urgent matter because of public safety. Commissioner Monestime commended Commissioner Edmonson for taking the lead on this item that also affected his commission District 2. Commissioner Monestime asked that his friendly amendment to Section 8A9.2 of the foregoing proposed ordinance be read into the record. Assistant County Attorney Gillman read Commissioner Monestime’s proposed amendment to be added at the end of handwritten page 15 with the following language “…Every junk dealer and scrape metal processor shall post notice of the prohibition of cash transactions contained in this ordinance and of prohibition of certain acts and practices contained in Section 538.26 of the Florida Statutes at every junk yard, scrape metal processing plant and any other facility where junk dealers or scrape metal processors conduct business. This notice shall be in English, Spanish, and Creole. “ Commissioner Edmonson accepted this friendly amendment offered by Commissioner Monestime. Commissioner Diaz commended Commissioner on taking the lead of an uncontrollable problem. He noted his concern in the competition that may exist in crossing over to other counties, although there were many requirements by the State law, and he did not want to hurt the local industries that conducted business in a legal way. Commissioner Diaz noted that he was informed this notice was not received by some businesses, nor did they have any input, but he was certain this information was sent out by the Commissioner Edmonson. However, the issue remained that business owners were concerned that this would hurt their business and employees. Commissioner Diaz noted in moving forward, he would prefer hearing more from the industry. Therefore, he would be retiring as a co-sponsor of this item until a schedule of major workshops made in order to work with this industry. Following further comments, Commissioner Diaz reiterated his need for more information. In response to Commissioner Diaz’ comments, Commissioner Edmonson noted the members of the industry would be asked to be a part of this Task Force. She noted that people were going to another county in an attempt to illegally sell metal properties; however, her concern was to stop this crime in Miami-Dade County. Miami-Dade County Police Department (MDPD) Sergeant Paul Angelo and Major Gary Mennington appeared before the members of the Board and provided samples of a high voltage line that was owned by Florida Power and Light as an example of the type of metal property that should have been recognized by the purchaser, who should have required proof of ownership. Additionally, MDPD Major Menington noted their concerns were similar to Commissioner Diaz’. He also noted that people who had previous violations were arrested. In addition to the issue of public safety, Commissioner Edmonson pointed out that this issue was a tremendous cost to Miami-Dade County. She noted the need to try to save on what has often been a repeated expense within a few days because of this ongoing theft. Commissioner Bell commented on her readiness to move forward with this item, and that she was believed the legitimate businesses industry would not have any problems with this ordinance. She also noted that she agreed with Chairman Martinez regarding the need to have reporting requirements for purchasers of these metal properties. In response to Commissioner Jordan’s request for clarification regarding the terms of exemption in this ordinance for those companies that produce metal, Assistant County Attorney Gillman advised that under the state law this exemption applies to a commercial vendor, a manufacturer, or industrial entity that generates regulated materials (defined term) in their ordinary course of business. He further advised that any entity that purchased scrape metal from a third party would have to comply with this ordinance, but if the entity generated scrap metal within, he believed this entity would be exempt under the state law. Responding to Commissioner Jordan’s comment on the reason for adding a regulation of reporting to the State was because the responsibility of enforcement concerning licensing, Assistant County Attorney Gillman added that the State Department of Revenue was responsible registering these entities as well as revoke, reject, or deny a registration. Commissioner Jordan pointed out that without this amendment, the enforcement aspect would not be as strong. Chairman Martinez noted this was not a public hearing; however, he would allow Ms. Amy Huber Esq., Shubin and Bass, 46 SW 1 Street, Miami, to come before the Board. Ms. Huber thanked members of the Board, specifically Commissioner Edmonson for taking time to listen and allowing her an opportunity to speak. She noted that the adoption of this ordinance was supported and it was important to penalize some of these operators who were illegitimately doing business. Ms. Huber noted the industry was willing to work with the law enforcement, community, and to be part of this Task Force that had been successful in the past. She noted that 25-30 operators were present in today’s meeting who were in support of the proposed amendments. Regarding the regulations for business to business, Assistant County Attorney Gillman responded to Commissioner Diaz’ inquiry, noting this would fall under the provision that required reasonable proof of authorization to sell that property and the contractor would need an original letter authorizing the sale of the metal property. Commissioner Diaz noted after hearing from Ms. Amy Huber Esq., he would be supportive and work with the Commissioner Edmonson on this ordinance. Chairman Martinez explained that his proposed amendment required the purchasers of the metal property to report to the law enforcements authorities upon being presented for purchase of any property which the purchaser known or should know that the metal property was stolen. MDPD Sergeant Paul Angelo noted that the current statute did address the issue for certain items that were mirrored in the current draft of the ordinance such as a beer keg that has the had the brewer’s logo and name. The current statue was mirrored in the draft ordinance provision that a recycler must obtain written permission from the property owner in order to accept those goods. Chairman Martinez noted his recommendation regarding this amended ordinance would be to focus on equipment owned by FPL, manhole covers owned by the County, State and Department of Transportation. He also noted these would be the main areas to address this problem. Discussion ensued among the members of the Board regarding the language of this proposed amendment. Following further discussion, Chairman Martinez suggested that this recommendation be looked at by the members of the Task Force who would be working on this ordinance and would bring it back to this Board. Assistant County Attorney Gillman advised that the statute currently provided if the recycler did not comply with the record keeping provisions, there would be a presumption that the material had been stolen, and the recycler would be subject .to criminal penalties. Discussion further ensued among the members of the Board. Assistant County Attorney Gillman noted this amendment would include that a metal processor, junk dealer, or secondary metal recycler would be required to report to the Miami-Dade Police Department (MDPD) any person who attempted to sell metal property from the list of restricted items. He further advised this amendment could be included under Section 8A9.4. Following further discussion, Vice Chairwoman Edmonson noted she would accept the language the proposed amendment by Chairman Martinez, and in order to move forward, she wanted the industry to work with the MDPD to determine the required length of time to report illegitimate sales to the MDPD. Hearing no further questions or comments, the members of the Board proceeded to vote on the foregoing proposed ordinance as amended.

Legislative Text


TITLE
ORDINANCE RELATING TO SCRAP METAL PROCESSORS AND JUNK DEALERS; AMENDING SECTIONS 8A-203 AND 8A-237 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTIONS 8A-9 Ė 8A-9.6 OF THE CODE OF MIAMI-DADE COUNTY; FLORIDA; REGULATING SCRAP METAL PROCESSORS AND JUNK DEALERS; PROVIDING DEFINITIONS; PROVIDING FOR RECORDKEEPING AND INSPECTION; PROHIBITING CASH TRANSACTIONS AND RESTRICTING PURCHASES OF CERTAIN ITEMS; PROVIDING APPLICABILITY, ENFORCEMENT AND PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, skyrocketing prices for metals, especially copper, has resulted in a significant increase in the theft of copper, aluminum and other ferrous and nonferrous metals material in Miami-Dade County; and
WHEREAS, such thefts include metals material from light poles which create power outages and endanger the health, safety and welfare of the public particularly the elderly and children; and
WHEREAS, such thefts are economically burdensome on the County since the County is required to expend funds to replace or repair stolen or vandalized street signs and street lights owned by the County; and
WHEREAS, for example, since 2009, the Countyís Public Works Department has spent thousands of dollars to repair or replace vandalized light poles; and
WHEREAS, such thefts damage or interrupt utilities which endanger the publicís health, safety and welfare; and
WHEREAS, such thefts also result in increased costs to businesses and homeowners that have been victimized by thefts and have suffered damages; and
WHEREAS, the economic recession has resulted in many residential and commercial properties in foreclosure which are either unoccupied or under renovation and thus more likely targets for burglars to steal or vandalize personal property that contain ferrous and nonferrous metals material; and
WHEREAS, for example, air conditioning units have been vandalized because they contain copper material; and
WHEREAS, such criminal activity adversely affects the economic recovery in Miami-Dade County by hampering the ability of property owners, banks and mortgage holders to market and sell residential and commercial properties; and
WHEREAS, in 2010, over 800 burglaries of residential properties have been reported to the Miami-Dade Police Departmentís Northside District alone; and
WHEREAS, the criminal activity also affects the social and economic quality of life of the Countyís citizens by resulting in unsafe properties, business losses and higher insurance costs; and
WHEREAS, the theft of such metals material may result in its unlawful sale to junk dealers and scrap metal processors also known as secondary metals recyclers; and
WHEREAS, secondary metal recyclers are regulated under Chapter 538, Part II of the Florida Statutes; and
WHEREAS, under State law, secondary metals recyclers can pay up to $1000 in cash for the purchase of regulated metals property; and
WHEREAS, this Board finds that prohibiting cash transactions for purchase of regulated metals property by junk dealers and scrap metal processors is necessary to enable law enforcement authorities to impede unlawful activity including the sale of stolen regulated metals property; and
WHEREAS, this Board finds that restricting certain items that may be purchased by junk dealers and scrap metal processors without proof that the sellers are authorized to sell such items is necessary to enable law enforcement authorities to impede unlawful activity including the sale of stolen regulated metals property; and
WHEREAS, this Board finds that implementation of this Ordinance as set forth herein will promote, protect and improve the health, safety and welfare of the people of Miami-Dade County, Florida,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
>>Section 1. That the above recitals of legislative intent and findings are fully incorporated herein as part of this ordinance.<< 1
Section [[1]]>>2<<. Section 8A-203 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8A-203. Junk dealers; local business tax requirements[[; penalty]].

[[(1) In construing this section, unless the context requires otherwise, the following words or phrases shall mean:

(a) Junk means old or scrap copper, brass, rags, batteries, paper, trash, rubber, debris, waste, junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other scrap ferrous or nonferrous material.
(b) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(c) Person means any individual, agency, firm, association or corporation.
(d) Junk dealer means any person who is not a traveling junk dealer within the purview of Section 8A-203.1 and is engaged in the business of maintaining and operating a junkyard.
(e) Scrap metal processing plant means an establishment or place of business maintaining and operating machinery and equipment used to process scrap iron, steel and other metals to specifications prescribed by, and for sale to, mills and foundries.
f) Scrap metal processor means a person maintaining and operating a scrap metal processing plant.
(g) Metals means copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility communications system.
(h) Transmission or distribution means that part of a utility or communications system which extends from the point of origin of such utility or communications system to the service entrance of the consumer or user.]]
[[(2)]]>>(1)<[[(3)]]>>(2)<< Every person engaged in business as a junk dealer as defined in Section 8A-9.1 shall pay a local business tax as provided for in the schedule of taxes, Section 8A-223.1.

[[Recordkeeping

(a) Every person receipted as a junk dealer or scrap metal processor when purchasing any article shall keep a full and complete record of each transaction showing from whom and when each article was purchased or acquired and to whom sold and the date of each sale.
(b) Every person receipted as a junk dealer or scrap metal processor when purchasing metals shall keep the following additional information:

The record shall include a receipt signed by the seller; and a copy of such receipt shall be given to the seller. This receipt shall reflect the quality and quantity of metals purchased, the sellerís name and address, the license number of the sellerís motor vehicle conveying the metals, and the number of the sellerís driverís license.
(c) The records required to be kept by subparagraphs (a) and (b) shall be maintained by the purchaser for a period of not less than one (1) year and shall at all times be subject to inspection by any law enforcement officer Commissioned in the State.

(4) Purchase of metals from minors in excess of ten dollars ($10.00) is prohibited.

(5) Any person violating any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand ($1,000.00) or by imprisonment in the County Jail not to exceed six (6) months or both.]]



Section [[2]]>>3<<. Section 8A-237 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8A-237. Junk dealers; local business tax requirements[[; penalty.
(1) In construing this section, unless the context requires otherwise, the following words or phrases shall mean:
(a) Junk means old or scrap copper, brass, rags, batteries, paper, trash, rubber, debris, waste, junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other scrap ferrous or nonferrous material.
(b) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(c) Person means any individual, agency, firm, association or corporation.
(d) Junk dealer means any person who is not a traveling junk dealer within the purview of Section 8A-203.1 and is engaged in the business of maintaining and operating a junkyard.
(e) Scrap metal processing plant means an establishment or place of business maintaining and operating machinery and equipment used to process scrap iron, steel and other metals to specifications prescribed by, and for sale to, mills and foundries.
(f) Scrap metal processor means a person maintaining and operating a scrap metal processing plant.
(g) Metals means copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility communications system.
(h) Transmission or distribution means that part of a utility or communications system which extends from the point of origin of such utility or communications system to the service entrance of the consumer or user.]]
[[(2)]]>>(1)<< Every person engaged in business as a scrap metal processor as defined in 8A-9.1 shall pay a local business tax as provided for in the schedule of taxes, Section 8A-247.1.
[[(3)]]>>(2)<< Every person engaged in business as a junk dealer as defined in 8A-9.1 shall pay a local business tax as provided for in the schedule of taxes, Section 8A-247.1.
[[(4) [Recordkeeping]
(a) Every person receipted as a junk dealer or scrap metal processor when purchasing any article shall keep a full and complete record of each transaction showing from whom and when each article was purchased or acquired and to whom sold and the date of each sale.
(b) Every person receipted as a junk dealer or scrap metal processor when purchasing metals shall keep the following additional information:
The record shall include a receipt signed by the seller; and a copy of such receipt shall be given to the seller. This receipt shall reflect the quality and quantity of metals purchased, the sellerís name and address, the license number of the sellerís motor vehicle conveying the metals, and the number of the sellerís driverís license.
(c) The records required to be kept by subparagraphs (a) and (b) shall be maintained by the purchaser for a period of not less than one (1) year and shall at all times be subject to inspection by any law enforcement officer Commissioned in the State.
(5) Purchase of metals from minors in excess of ten dollars ($10.00) is prohibited.
(6) Any person violating any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand ($1,000.00) or by imprisonment in the County Jail not to exceed six (6) months or both.]]
Section [[3]]>>4<<. Section 8A-9 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
>>Sec. 8A-9. Short Title; Purpose.
(1) Sections 8A-9 Ė 8A-9.6 shall be known and may be cited as the ďJunk Dealers and Scrap Metal Processors OrdinanceĒ.
(2) The purpose of the Junk Dealers and Scrap Metal Processors Ordinance is to protect the public health, safety and welfare by impeding the sale of stolen regulated metals property and thereby deterring the theft of regulated metals property.

Sec. 8A-9.1 Definitions.

In construing this section, unless the context requires otherwise, the following words or phrases shall mean:

(a) Ferrous metals means any metals containing significant quantities of iron or steel.
(b) 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.

(c) Junk means old or scrap copper, brass, rags, batteries, paper, trash, rubber, debris, waste, junked, dismantled or wrecked automobiles or parts thereof, iron, steel, and other scrap ferrous or nonferrous material.
(d) Junk dealer means any person who is not a traveling junk dealer within the purview of Sections 8A-204 or 8A-237.1 and is engaged in the business of maintaining and operating a junkyard and includes a secondary metals recycler as defined herein.
(e) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(f) 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 such as gold, silver and platinum.
(g) Person means any individual, agency, firm, association or corporation.

(h) Personal identification card means any government-issued photographic identification card.
(i) Purchase transaction means a transaction in which a junk dealer, scrap metal processor or secondary metals recycler gives consideration for regulated metals property.
(j) Regulated metals property means any item composed primarily of any nonferrous metals. The term shall include, without limitation, copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility or communications system. The term shall also include stainless steel beer kegs and manholes but shall not include aluminum beverage containers, or similar beverage containers.
(k) Restricted regulated metals property means any regulated metals property listed in section 8A-9.4, the sale of which is restricted as provided in section. 8A-9.3.
(l) Scrap metal processing plant means an establishment or place of business maintaining and operating machinery and equipment used to process scrap iron, steel and other metals to specifications prescribed by, and for sale to, mills and foundries.
(m) Scrap metal processor means a person maintaining and operating a scrap metal processing plant and shall include a secondary metals recycler as defined herein.

(n) Secondary metals recycler means any person who:

(1) Is engaged, from a fixed location or otherwise, 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
(2) 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.
Sec. 8A-9.2 Recordkeeping.
(a) Every person engaging in or operating as a junk dealer or scrap metal processor shall maintain a legible record of all purchase transactions to which such junk dealer or scrap metal processor is a party.
(b) The following information must be maintained on a form approved by the applicable law enforcement agency for each purchase transaction:
(1) The name and address of the junk dealer or scrap metal processor.
(2) The name, initials, or other identification of the individual entering the information on the ticket.
(3) The date and time of the transaction.
(4) The weight, quantity, or volume, and a description of the type of regulated metals property purchased in a purchase transaction.
(5) The amount of consideration given in a purchase transaction for the regulated metals property.
(6) 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.
(7) The distinctive number from the personal identification card of the person delivering the regulated metals property to the junk dealer or scrap metal processor.
(8) A description of the person from whom the regulated metals property were acquired, including:
a. Full name, current residential address, workplace, and home and work phone numbers.
b. Height, weight, date of birth, race, gender, hair color, and any other identifying marks.
c. The right thumbprint, free of smudges and smears.
d. Vehicle description to include the make, model, and tag number of the vehicle and trailer of the person selling the regulated metals property.
e. Any other information required by the form approved by the applicable law enforcement agency.
(9) A photograph, videotape, or digital image of the regulated metals being sold.
(10) A photograph, videotape, or similar likeness of the person receiving consideration in which such personís facial features are clearly visible.
(c) For the purchase of articles other than regulated metals property, the purchaser shall keep a full and complete record showing from whom and when each article was purchased or acquired and to whom sold and the date of each sale.
(d) The records required to be kept by sub-paragraphs (a), (b) and (c) and section 538.19, Florida Statutes, shall be maintained by the purchaser on a form approved by the applicable law enforcement agency for a period of not less than five (5) years and shall at all reasonable times be subject to inspection by any local law enforcement officer commissioned in the State and the Miami-Dade Inspector Generalís Office. Local law enforcement shall implement a regular inspection process of secondary metal recyclers. The process shall include a report being automatically generated and sent to the Florida Department of Revenue for every violation of this ordinance and of Part II of Chapter 538 of the Florida Statutes.
(e) If the purchase transaction involves the transfer of regulated metals property from a secondary metals recycler registered with the State to another secondary metals recycler registered with the State, 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 (b)(8) above.
(f) Every junk dealer and scrap metal processor shall post notice of the prohibition of cash transactions contained in this ordinance and the prohibition of certain acts and practices contained in section 538.26 of the Florida Statutes, at every junkyard, scrap metal processing plant and any other facility where a junk dealer or scrap metal processor conducts business. The notice shall be in English, Spanish and Creole.
Sec. 8A-9.3 Prohibitions of Cash Transactions.
(a) A junk dealer or scrap metal processor shall not enter into any cash transaction <<[[in payment for purchase of regulated metals property. ]]>>for the purchase of restricted regulated metals property listed in section 8A-9.4.
(b) Consideration for the purchase of restricted regulated metals property<< [[by a junk dealer or scrap metal processor]] >>shall be made by check issued to the seller of the regulated metals property and payable to the seller<<[[.]]>>or by a voucher issued to the seller which can be used at an on-site electronic device which produces, retains and stores an accounting of all of the information required in section 8A-9.2.
Sec. 8A-9.4 Restrictions on Purchases.
A junk dealer or scrap metal processor shall not purchase any of the following items of restricted regulated metals property without obtaining reasonable proof that the seller owns the property (such as a receipt of bill of sale) or reasonable proof that the seller is an employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business or entity owning the property and the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or entity.<< [[owning the property:]]>>Reasonable proof of authorization to sell the property includes, but is not limited to, a signed letter on the ownerís letterhead, dated no later than 90 days before the sale, authorizing the seller to sell the property. The scrap metal processor or junk dealer shall require reasonable proof of ownership for each individual item of restricted regulated metals property that is offered for purchase.
(a) manhole cover.
(b) An electric light pole or other utility structure and its fixtures, wires and hardware.
(c) A guard rail.
(d) A street sign, traffic sign, or traffic signal and its fixtures and hardware.
(e) Communication, transmission, distribution, and service wire, including copper or aluminum busbars, connectors and grounding plates or grounding wire.
(f) A funeral marker or funeral vase.
(g) An historical marker.
(h) Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E clip, or rail tie junction.
(i) Any metal item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery or railroad.
(j) A copper or aluminum condensing or evaporator coil, including tubing or rods, from a heating or air conditioning unit.
(k) An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts.
(l) Stainless steel beer kegs.
(m) A catalytic converter or any part of a catalytic converter.
(n) Metallic wire that was burned in whole or in part to remove insulation,
(o) Brass or bronze commercial valves or fittings, referred to as ďFDC valvesĒ that are commonly used on structures for access to water for the purpose of extinguishing fires.
(p) Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures.
(q) A shopping cart.
Sec. 8A-9.5 Applicability and enforcement.
This<< [[section]] >>ordinance shall apply to and be enforced in both the incorporated areas and unincorporated areas of Miami-Dade County.<< [[and unincorporated areas, and in the unincorporated areas shall be enforced by the County and in the incorporated areas shall be enforced by the municipalities unless the County is notified by municipalities, in the form of a resolution of the governing council or commission that it is desirous of having the County enter into an Interlocal Agreement to enforce this section in which event enforcement within the incorporated areas shall be by the County if such Interlocal Agreement is approved by the County.]]>>This ordinance shall not apply to purchase transactions from sellers exempt pursuant to section 538.22, Florida Statutes.
Sec. 8A-9.6 Penalty.
Any person violating sections 8A-9.2, 8A-9.3 or 8A-9.4 shall, upon conviction, be punished by a fine not to exceed five-hundred dollars ($500.00) or imprisonment in the County jail for not more than 60 days, or by both such fine and imprisonment. Each violation shall be deemed a separate offense for which a separate fine shall be assessed regardless of whether two or more violations occurred in one transaction. Any person who is convicted of a second or subsequent violation of sections 8A-9.2, 8A-9.3 or 8A-9.4 shall, upon conviction, be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the County jail not to exceed six (6) months or by both such fine and imprisonment.
Any person who violates or fails to comply with any provision of this ordinance shall also be subject to a fine in the amount of one thousand dollars ($1,000.00) in accordance with Chapter 8CC of this Code. Chapter 8CC is hereby amended to include such fine. Each item of restricted regulated metals property listed in section 8A-9.4 that a scrap metal processor or junk dealer purchases in violation of this ordinance shall be deemed a separate violation for which a separate fine shall be assessed.<<
Section [[4]]>>5<<. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section [[5]]>>6<<. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section [[6]]>>7<<. This ordinance shall become effective thirty (30) days after approval unless vetoed by the Mayor within ten (10) days of enactment, and if vetoed, shall
become effective only upon an override by this Board>>, provided however that if SB 1528, HB 753 or similar legislation preempting ordinances that regulate purchase transactions involving regulated metals property is enacted by the Florida Legislature during the 2011 legislative session and signed into law by the Governor, then sections 2 and 3 of this ordinance shall not take effect and all subsections of sections 8A-203 and 8A-237 of the Code of Miami-Dade County shall remain in effect<<.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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