Miami-Dade Legislative Item
File Number: 140401
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File Number: 140401 File Type: Resolution Status: Adopted
Version: 0 Reference: R-252-14 Control: Board of County Commissioners
File Name: ENACT HB 771RELATED TO SECONDARY METALS RECYCLERS Introduced: 2/21/2014
Requester: NONE Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 11A24
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT HB 771 OR SIMILAR LEGISLATION MAKING AMENDMENTS TO STATUTES RELATED TO SECONDARY METALS RECYCLERS
Indexes: RECYCLING
  URGING
Sponsors: Audrey M. Edmonson, Prime 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

Board of County Commissioners 3/4/2014 11A24 Adopted P
REPORT: SPECIAL NOTE: During consideration of setting today’s (3/4) BCC Agenda, Chairwoman Sosa’s “Change Sheet” Memorandum indicated a scrivener’s error as follows: On handwritten page 1 the subject line and handwritten page 3 the title should read: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT HB 771 OR SIMILAR LEGISLATION MAKING AMENDMENTS TO STATUTES RELATED TO SECONDARY METALS RECYCLERS

Office of the Chairperson 2/27/2014 Scrivener's Errors
REPORT: On hand written page 1 the subject line and hand written page 3 the title should read: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT HB 771 OR SIMILAR LEGISLATION MAKING AMENDMENTS TO STATUTES RELATED TO SECONDARY METALS RECYCLERS

County Attorney 2/21/2014 Assigned Henry N. Gillman 2/25/2014

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT HB 771 OR SIMILAR LEGISLATION MAKING AMENDMENTS TO STATUTES RELATED TO SECONDARY METALS RECYCLERS

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 endanger the health, safety and welfare of the public, particularly the elderly and children; and
WHEREAS, such thefts of metal materials occur at construction sites, vacant buildings, communication towers, electrical substations and foreclosed properties; and
WHEREAS, such thefts create power outages and communication breakdowns and damage or interrupt utilities; and
WHEREAS, such thefts are economically burdensome on the County since the County is required to expend funds to replace stolen street signs and vandalized street lights owned by the County; and
WHEREAS, thefts of copper wire and other metals also result in increased costs to businesses and homeowners; and
WHEREAS, many unoccupied residential and commercial properties in foreclosure become targets for burglars to steal or vandalize copper and other metals; and
WHEREAS, air conditioning units are particularly susceptible to being vandalized because they contain copper wire; and
WHEREAS, this criminal activity also affects the social and economic quality of life of the County’s citizens by resulting in unsafe properties, business losses and higher insurance costs; and
WHEREAS, this criminal activity also has the potential to lead to higher property insurance costs; and
WHEREAS, the theft of copper and other metals sometimes results in its unlawful sale to junk dealers and scrap metal processors, also known as secondary metals recyclers, in violation of existing Florida law; and
WHEREAS, on April 5, 2011, the Board approved Ordinance No. 11-17 which regulated secondary metals recyclers and scrap metal processors and is codified in Section 8A-9 through 8A-9.6 of the Code of Miami-Dade County; and
WHEREAS, on December 13, 2011, the Board created a Task Force on Scrap Metal and Copper Wire Theft to provide recommendations on enforcing and amending ordinances regulating secondary metals recyclers and scrap metal processors; educating businesses and the community on the effect of such ordinances, and preventing the illegal sale of scrap metal and copper wire; and
WHEREAS, on June 4, 2013, the Board amended the ordinance regulating secondary metals recyclers and scrap metal processors to provide further restrictions on the purchase of secondary metals, including limiting the hours for purchase and prohibiting any purchases on Sundays; and
WHEREAS, Representative Neil Combee (R - Auburndale) has filed HB 771 related to secondary metals recyclers for consideration during the 2014 session; and
WHEREAS, HB 771 amends Florida Statute Chapter 538 Part II to include the following:
1. Prohibits secondary metals recyclers from purchasing regulated metals on Sundays;
2. Revises the types of electric light poles and wire the purchase of which is prohibited without obtaining proof of the seller's transaction;
3. Prohibits a secondary metals recycler from disposing of property identified by a hold notice or extended hold notice until the applicable hold period has expired;
4. Makes it a 3rd degree felony to provide false information related to a secondary metals transaction;
5. Makes it a 2nd degree felony to provide false information, ownership verification or altered identification involving a higher level restricted regulated metal;
6. Transfers state administration and oversight of secondary metals recycling from the Florida Department of Revenue to the Florida Department of Agriculture & Consumer Services (DOACS);
7. Allows state nonsworn investigators to inspect regulated metals property and records, in addition to law enforcement;
8. Requires a $350 annual registration fee for each secondary metals recycler’s business location;
9. Requires secondary metals recyclers to provide workers compensation and liability insurance; and
WHEREAS, this Board supports increased state regulation of secondary metals recyclers that serves to further protect the public health, safety and welfare by impeding the sale of stolen regulated metals and deter the theft of regulated metals property,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact HB 771 or similar legislation making amendments to statutes related to Secondary Metals Recyclers.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation and Representative Neil Combee.
Section 3. Directs the County’s state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2014 state legislative package to include this item.



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