§ 1-10-432. Transaction records required.

(1)

Transaction forms. All secondary metals recyclers shall complete the required transaction form for all transactions to which such secondary metals recycler may be a party, at the time of the actual transaction in the presence of the seller. The seller must be offered a copy of each completed transaction form by the secondary metals recycler.

(2)

Maintaining transaction forms. A secondary metals recycler shall maintain the original completed transaction form bearing the seller's original signature and fingerprint on the registered premises for at least one (1) year after the date of the transaction. However, the secondary metals recycler shall also maintain a copy of the transaction form, whether on site or off site, for a period not less than three (3) years. The following shall be collected and maintained with a transaction form:

a.

A clear, identifiable photocopy, digital image, or photograph of the personal identification card presented by the seller at the time of each transaction.

b.

A clear and identifiable photograph, videotape, or digital image of the person receiving consideration in which such person's facial features are clearly visible and free from obstruction by any object, including sunglasses or hats.

c.

A clear photograph, videotape, or digital image that allows for identification of each item being sold. Multiple items may be included in the same photograph, videotape, or digital image, but only if it allows for such clear identification. A secondary metals recycler may not photograph items inside the vehicle or trailer they were transported in unless a clear and identifiable photograph of each item is obtainable.

(3)

[Electronic data base.] Alternatively, a secondary metals recycler may comply with the requirements of this section by maintaining an electronic database that contains all the information required by state statute and this article. The electronic information must also include the seller's electronic oath of ownership with an electronic signature of the seller for each transaction, and an electronic image of the seller's right thumbprint that has no smudges and smears that can be downloaded onto a paper form in the image of the form approved by the department of law enforcement.

(4)

Transaction records. A secondary metals recycler need not submit photocopies, photographs, videotapes, or digital images as part of their transaction record but they must be available for review and examination with the transaction form for the periods outlined in subsection (2) above.

(5)

Transaction data. The following data shall be collected and included as part of a transaction form, transaction record or both:

a.

The name and licensed address of the secondary metals recycler where the transaction occurred;

b.

The name of the individual representing the buyer in each transaction;

c.

The date and time of the transaction;

d.

A complete, accurate and detailed written description of the good purchased, including the following information, if applicable:

1.

Brand name.

2.

Model number.

3.

Manufacturer's serial number.

4.

Size or length.

5.

Color, as apparent to the untrained eye.

6.

Metal type and weight.

7.

Any other identifying marks, number, names, or letters.

8.

The amount of consideration given for each type of item and the total of all items purchased in each transaction.

9.

An accurate vehicle description of any motor vehicle and trail in or on which any property is delivered in any transaction to include the make, model, and tag number.

10.

A signed statement from the person delivering any metals property stating that she or he is the rightful owner of, or is entitled to sell, the metals property being sold.

e.

A description of the seller including:

1.

Description of the type of personal identification card exhibited by the seller, including the issuing agency and distinctive number thereon.

2.

Full name, current residential address, current home or mobile telephone number, employer, employer's address, and employer's telephone number.

3.

Height, weight, date of birth, gender, race, hair color, eye color, and any other identifying marks.

4.

The right thumbprint, free of smudges and smears, of the person from whom the good were acquired. If a thumb print is obtained electronically it must be captured at one thousand (1,000) dpi or higher.

5.

Any other information required by the Florida Department of Law Enforcement as specified in F.S. Ch. 538.

(6)

Prohibited transactions. Secondary metals recyclers shall verify the seller's identity by the seller's exhibition of a personal identification card to the secondary metals recycler. The secondary metals recyclers shall verify with the seller the accuracy of the information on the identification presented at the time of each transaction. A secondary metals recycler shall not enter into any transaction with a seller who refuses to provide a personal identification card, refuses to be photographed or videotapes, or otherwise attempts to obscure their facial features during any transaction. A secondary metals recycler shall not enter into any transaction with a seller who refuses to have such items photographed, videotaped or otherwise attempts to obscure any item's identification.

(Ord. No. 2012-003, § 2, 2-14-12)