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RESOLUTION URGING CONGRESS TO ENACT S. 394 AND H.R. 867 IN THEIR CURRENT FORM OR OTHER SIMILAR LEGISLATION WHICH WOULD PROHIBIT AND DETER THE THEFT OF METAL AND URGING THE FLORIDA LEGISLATURE TO ENACT CURRENT PROVISIONS OF S.B. 1434 AND H.B. 585 OR OTHER SIMILAR LEGISLATION WHICH WOULD LIMIT THE NUMBER OF LEAD-ACID BATTERIES OR PARTS THEREOF THAT A SECONDARY METALS RECYCLER MAY PURCHASE IN CERTAIN TRANSACTIONS IN A SINGLE DAY

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WHEREAS, skyrocketing prices for metals, including lead and copper, has resulted in a significant increase in the theft of lead, copper, aluminum and other ferrous and nonferrous metals material; and
WHEREAS, metal theft is a national concern because it potentially harms critical infrastructure, including electrical substations, power lines, cellular towers, telephone land lines, highways, railroads, water wells, reservoirs, and sewage lines; and
WHEREAS, U.S. Senate Bill 394 (�S. 394�) and U.S. House of Representatives Bill 867 (�H.R. 867�) were filed for consideration during the 113th United States Congress by Senator Amy Klobuchar (D-Minnesota) and Representative Erik Paulsen (R � Minnesota) respectively; and
WHEREAS, S. 394 and H.R. 867 criminalize the theft of specified metal being used in or affecting interstate or foreign commerce where the theft harms critical infrastructure; and
WHEREAS, S. 394 and H.R. 867 prohibit recycling agents from purchasing specified metal unless the seller provides documentation of ownership or other proof of authority to sell and there is a reasonable belief that such documentation or proof is valid, require recycling agents to keep purchase records, and prohibit certain cash transactions; and
WHEREAS, many construction sites utilize portable message boards, arrow boards or other messaging devices powered by lead-acid batteries; and
WHEREAS, lead-acid batteries are being stolen from message signs and sold as scrap metal; and
WHEREAS, these message signs provide important information in emergency road closure or lane closure situations, and if the sign suddenly losses power, it could create a life-threatening problem for unsuspecting drivers in Miami-Dade County and other jurisdictions; and
WHEREAS, Section 538.26, Florida Statutes deters metal theft by requiring secondary metals recyclers to obtain proof of ownership before purchasing items commonly obtained through theft, limiting hours of operations for secondary metals recyclers, and prohibiting secondary metals recyclers from purchasing from sellers who are minors, under the influence of alcohol, or are attempting to conceal their identity; and
WHEREAS, Senate Bill 1434 (�S.B. 1434�) and House Bill 585 (�H.B. 585�) have been filed for consideration during the 2013 session of the Florida Legislature by Senator Greg Evers (R-Pensacola) and Representative Charles David Hood, Jr. (R � Daytona Beach) respectively; and
WHEREAS, S.B. 1434 and H.B. 585 would amend Section 538.26, Florida Statutes by limiting the number of lead-acid batteries or parts thereof that a secondary metals recycler may purchase in certain transactions in a single day, thereby deterring the theft of lead-acid batteries; and
WHEREAS, metal theft remains a serious issue and enacting S. 394 and H.R. 867 in their current form or other similar legislation which would prohibit and deter the theft of metal and enacting S.B. 1434 and H.B. 585 or other similar legislation which would limit the number of lead-acid batteries or parts thereof that a secondary metals recycler may purchase in certain transactions in a single day will help keep our communities safe by deterring theft,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges Congress to enact S. 394 and H.R. 867 in their current form or other similar legislation which would prohibit and deter the theft of metal.
Section 2. Urges the Florida Legislature to enact S.B.1434 and H.B. 585 or other similar legislation which would limit the number of lead-acid batteries or parts thereof that a secondary metals recycler may purchase in certain transactions in a single day.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Florida Congressional Delegation, Senator Amy Klobuchar of the U.S. Senate, Representative Erik Paulsen of the U.S. House of Representatives, the Governor, the Florida Senate President, the Florida House Speaker, the Chair, Members of the Miami-Dade County State Legislative Delegation, Senator Greg Evers of the Florida Senate, and Representative Charles David Hood, Jr. of the Florida House of Representatives.
Section 4. Directs the County�s federal and state lobbyists to advocate for the legislation set forth in Sections 1, and 2 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2013 State Legislative Package and the 2013 Federal Legislative Package to include this item.