§ 2-19-43. Recordkeeping requirements; 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 year after the date of the transaction. However, the secondary metals recycler shall also maintain the original transaction form, whether on site or off site, for a period not less than five (5) years, with the exception of any records relating to requirements set forth. In addition, the following items shall also be collected at the time of the transaction and maintained with the transaction form and any other documents containing transaction data described below for the same duration of time and in the same manner that the transaction form is maintained:

(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, video, 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, video, 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 each item is clearly identifiable.

A secondary metals recycler shall be considered to have complied with the requirements of this subsection by maintaining an electronic database that contains all the information required by Chapter 538, Florida Statutes, 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.

(3)

Transaction records. A secondary metals recycler shall maintain for the periods outlined above for inspection, examination, and copying by the code enforcement officer, all records, photographs, videos, digital images described above that are required to be collected at the time of the transaction.

(4)

Transaction data. The following data shall be collected at the time of the transaction and maintained in the same manner and for the same duration as the transaction form, photocopies, photographs, videos, digital images as described above:

(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 goods purchased, including the following information, if applicable:

1.

Model.

2.

Manufacturer.

3.

Serial number.

4.

Quantity, weight or volume.

5.

Type of metal.

6.

Any additional description including, but not limited to, the color of the purchased goods to the untrained eye, the size or length, and any other identifying mark, number, name, or letter not otherwise documented.

7.

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

8.

The form of payment.

9.

An accurate vehicle description of any motor vehicle and/or trailer in/on which regulated metals or restricted regulated metals property is delivered to include: the make, model, and tag number.

10.

A signed statement from the person delivering any regulated or restricted regulated metals property or appliance(s), stating that he or she is the rightful owner of, or is entitled to sell, the property.

(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 goods 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 and as specified in Chapter 538, Florida Statutes.

(5)

Verification of identity. Secondary metals recyclers shall verify the seller's identity by the seller's exhibition of a personal identification card to the secondary metals recycler. Secondary metals recyclers shall also verify with the seller the accuracy of the information on the identification presented at the time of each transaction.

(6)

Prohibited transactions. 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 videotaped, or otherwise attempts to obscure their facial features during any transaction. A seondary metals recycler shall also 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. 12-13, § 1, 2-28-12)