"WHY?" County ordinance enacted in was response to an - - PDF document
O] 611612011 GOING HOME (RULE)! A DOUBLE-HEADER FEATURING RECENTL Y ENACTED ORDINANCES IN ORANGE COUNTY Presented by Dana Crosby-Collier Assistant County Attorney, Orange County June 22, 2011 GAM E 1 Local Pain Management Clhic Regulation
O]
611612011
A DOUBLE-HEADER FEATURING
RECENTL Y ENACTED ORDINANCES
IN ORANGE COUNTY
Presented by Dana Crosby-Collier Assistant County Attorney, Orange County June 22, 2011
1
Local Pain Management Clh•ic Regulation
Orange County's playbook in enacting
a Pain Management Clinic Moratorium
and establishing a staff work group.
02
6/16/2011
"WHY?"
County
was
enacted
in
response to an urgent local situation and
uncertainty
at
the
state
level...
Starting Line Up Game 1
Introduction
Summary of the Orange County Ordinance and
staff work group State Law Overview/State Leadership Issues 2011 Update
Introduction
Timeline:
September 30, 2010
Former Orange County Mayor Richard Crotty announced plans for
regulating pain management clLrfics November 9, 2010
BCC work session on issues relating
to regulation of pain management clinics and
prescription drug/use and abuse December 7, 2010
Public Hearing on Ordinance
2
03
6/16/2011
Country Ordinance adopted December 7, 2010: Moratorium
issuance of business tax receipts for
pain management clinics (PMC). PMC defined per 2010 state law Any privately owned
clinic, facility
type of pain management services,
employs physician
who is primarily engaged in the treatment of pain by
prescribing dispensing controlled substance AND PMC is registered m•der requirements of state law.
Exemptions to moratorium mirror exemptions to
registration under 2010 state law:
facility under Chapter 395, FS;
surgical services;
which training is provided for medical students, residents, or fellows;
dispense controlled
substances for the treatment of pain;
federal taxation under 26 U.S.C. 501(c) (3) or (4).
Ordinance also Provides no PMC demand cash only as a
payment;
Restricts operating hours of existing PMCs to 7 a.m. to 9 p.m. of the same day; and Establishes staff work group to report back findings and
recommendations to BCC by July 12, 2011. Ordinance effective December 15, 2010 Moratorium expires at the latest December 14, 2011
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6/16/2011
Work Group Members
Orange County Sheriff, Metropolitan Bureau of Investigation, County Plamfng, ZonLng, and Code Enforcement,
City of Orlando representatives, Ocoee, Apopka and Winter Park police departments,
Florida Department of Law Enforcement,
U.S. Attorney's office,
Drug Enforcement Administration/HIDTA
STATE LAW/STATE
LEADERSHIP ISSUES
In spite of the ever growing numbers of PMCs in our state and associated deaths both in and
state,
implementation
a
statewide program has been fraught with
issues.
State law/PDMP
In 2009 the Florida Legislature passed SB 462 (2009-198,
Laws of Florida):
(PDMP) in Florida law;
central repository for controlled substance prescription medication information 2009 law required Florida's PDMP to be established
by Dec. 1, 2010
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05
6/16/2011
State law/PDMP
Early issues •dth implementation of PDMP included delays to
the project-
challenged
the bid challenge March 8, 2011
Bottom line: PDMP
not implemented by Dec. 1, 2010
**Should be implemented by October 2011"*
State Leadership Issues/PDMP
Governor Scott
As part of his 2011 budget, Gov. Scott
proposed repealing the state's PDMP saying the database is government "overreach" **May 2011 update
Legislature passed
bill which left
PDMP intact.**
is that"What?!" "1 Don't Care?"
State law/PMC
In 2010 the Florida Legislature passed SB 2272 (2010-211,
Laws of Florida): Defines PMC;
Requires DOH to register, regulate and inspect PMCs;
PMCs must designate a physician responsible for registration and operations of PMC; Law contains stringent penalties for violations.
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6/16/2011
State law/PMC
Additionally: eOnly
licensed physician may dispense medication at
PMC;
physician cannot practice in PMC
without having completed
pain management fellowship pain management residency; Physician must physically examine the patient at the time
medication is dispensed; and
Physician must document the reasons for giving more than
72 hr supply of medication.
2010 Act took effect October 2010;
registration of PMCs commenced
State Leadership Issues/PMC
Legislat•re- Rules to implement regs for medical doctors practicing in PMCs stalled in November 2010.
Why? HB 1565, which passed
veto override, required
Legislature to approve rules with a specific fiscal impact.
Court Challenge/PMC
U.S. District Court, Florida Northern (Tallahassee)
and overly broad definition of PMC; equal protection; due process; free speech; anti-trust...) Most issues mooted by 2011 legislation; two issues remain:
a criteria for defining PMC (1
amendment challenge)
longer be issue
due to 2Oll legislation)
Case 4:10cv414 (fded 9-23-10)
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07
6/16/2011
Mve
2011 Update
Attorney General Pare Bondi February 2, 2011
AG Bondi's "top priority" is to
aggressively tackle pill mills public safety crisis.
AG proposed legislation, aggressive enforcement, increased
criminal prosecution, and prevention strategies.
March 28, 2011
mill strike force to attack prescription drug abuse from
law enforcement angle.
applaud passage of the 2011 PMC bill in House.
2011 Update
State Law
In 2011 bills fried
PMCs
SB 810 (by Fasano) SB 818 (by Fasano)
HB 1147 (by Garcia) HB 7095 (Schenck)
SB 1386 (Bogdanoff)
HB 7095 passed the Legislature in 2011 and
approved by Governor Scott June 3, 2011
2011 Update State Law
HB 7095 (codified at ch. 2011-141, Laws of Florida)- Did not repeal regulations and standards of care from the
2010 legislation and did amend definition of PMC. Did not repeal PDMP but did change PDMP to require data be entered in 7 days (down from 15).
Requires PDMP manager and staff to undergo criminal
background checks/fingerprints;
Contains a physician dispensing ban;
Requires practitioners who prescribe controlled
substances to register with DOH and comply with specific standards of care;
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6/16/2011
2011 Update State Law
HB 7095 (cont'd)
Requires pharmacies that dispense Schedule II and III
narcotics to go through rigorous permitting by July 2012;
Requires additional reports of distributions of controlled substances; Requires DOH conduct annual Level 2 screening
pharmacy owners/controlling interest (down from
every 2 years); Tracks the wholesale distribution of controlled substances; Creates a mandatory buy-back program for physicians to
return controlled substances to distributors;
Imposes stronger administrative and criminal penalties
for doctors who overprescribe narcotics.
2011 Update
State Law
HB 7095 Identified "Loopholes" Doctors and pharmacists are not required to check PDMP prior to giving the patient the drugs. (This has always been
an issue with the PDMP.)
Board-certified pain specialists, anesthesiologists,
neurologists and surgeons need not register with the State.
(State officials reply that the exempted doctors have not been the main offenders.) No drug testing required of patients though doctors must
write a detailed treatment plan and monitor patients for abuse.
l•pholes, S•z•nel (May 10, 2011).
Orange County workgroup has been meeting since January
and has been considering recommendations for the Board. Threshold issue
How do you define the PMC?
The state amended the definition in 2011 but definition still
may not catch all PMCs.
Of note: Prior to HB 7095 Sarasota County drafted
great model dentition for PMC.
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09
6/16/2011
County workgroup is considering two-pronged approach: Zoning and Substantive regulations Zoning regulation could limit location of PMCs, hours of
space (HB 7095 contains
requirement for waiting room)
Substantive regulation could extend to requiring local PMC
providers check the PDMP before prescribing controlled
substances, engage in daily reporting of operational records, and keep detailed staff records.
Orange County PMC workgroup will be merged
with
comprehensive Prescription Drug
Abuse Task Force in the near future. Recommendalions will most likely be brought to
the BCC in the Fall.
Additional Local Regulation of the
Secondary Metals Industry
9
]0
6/16/2011
Orange County enacted additional
local regulation due to an increase of
secondary metals theft in our
coininunity.
Starting Line Up Game 2
Introduction
State Law Overview
Summary of the Orange County and City of
Orlando Ordinances
State Leadership Issues Timeline:
Introduction
August 30, 2010
City of Orlando adopted ordInance placIng additional regulations on secondary metals
dealers In the City
August 31, 2010 County Commissioner Scott Boyd brought report to BCC September 22, 2010 County met with City, industry, law
enforcement, and others to discuss options October 5, 2010 BCC discussed item; staff seeking Board
direction
November 4, 2010 -County met with City, Industry, law enforcement, and others to discuss draft ordInance December 7, 2010
Public Hearing Ordinance
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611612011
State law
Part II, Chapter 538, Florida Statutes
Significant changes to state law in 2008.
Secondary metals recyclers must maintain
record of
seller hfformation
FDLE form: Identification information Statement of ownership
Description of seller
Seller's thumbprint
Description of seller's vehicle
Photo video of metal being sold Photo of seller receiving money for sale Allows for law enforcement inspection of property and records
State law
Part II, Chapter 538, Florida Statutes (cont'd)
Provides no cash transaction over $1000
Requires all dealers register with the state
State Law Prohibits:
Purchase of regulated metals between 9 pm and 6 am Purchase anywhere but fixed location Purchase of property not transported in a motor vehicle Florida Statutes did not prohibit County from imposing
stringent reporting requirements.
County Ordinance adopted December 7, 2010:
consideration amount) using the FINDER system
fax machine to receive
law enforcement alerts Creates a definition for restricted regulated metals and
requires:
cashless transaction (check is mailed
EFT); and
check at time transaction if
exempt (civic, nonprofit, business to business, part of judicial process).
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611612011
17 restricted regulated metal items including: Manhole
Electric lighl pole
utility Guard rail
Street sign traffic signal Funeral marker Historical marker Railroad equipment Metal item observably marked with initials,
logo
governmental entity, utihty company, cemetery Copper
aluminum coils from hea•lg
air condittonmg unit
window units
auto a/c
Any part of
catalytic (except shell) unless sold with vekude
Brass
bronze"FDC valves" and Shopping
County's Ordinance took effect January 3, 2011
City of Orlando Ordinance
By comparison, City of Orlando:
Adopted an ordinance Aug. 30, 2010
Ordinance took effect Jan. 3, 2011 Established
purely cashless system
Listed 20 restricted items
County's list plus
copper tubing, copper or aluminum guttering, and aluminum siding.
Since Orange and Orlando adopted ordinances, numerous cities and counties
adopting ordinances
similar to the both ordinances.
Industry took language similar to the County's
but with express preemption via grandfather clause
to the
Legislature in 2011.
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]3
6/16/2011 2011 Session
In 2011 bills filed on secondary metals
HB 753 (by Ford)
SB 1528 (by Altman) Both bills died in committee but they will probably be back next year.
The Orange County ordinances included in your back up.
If you need any additional information
wish to be added to
my email list for either item, please contact
at
Dana Crosby-Collier
Orange County Attorney's Office
406-836-7320
dana.crosby-collier@ocfl.net
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APPROVED
BY ORANGE COUNTY BOARD OF COUNIY
ORDINANCE NO. 2010-17
AN
ORDINANCE
OF
ORANGE
COUNTY,
FLORIDA RELATING
TO PAIN
MANAGEMENT
CLINICS; ADOPTING FINDINGS; PROVIDING DEFINITIONS; IMPOSING
A MORATORIUM ON THE ISSUANCE OF
BUSINESS TAX RECEIPTS FOR NEW
PAIN
ESTABLISHING THAT
NO PAIN
MANAGEMENT
CLINIC
MAY
LIMIT
ITS
BUSINESS TO CASH ONLY; ESTABLISHING HOURS OF
OPERATION
FOR
PAIN
MANAGEMENT
CLINICS; DIRECTING STAFF TO STUDY, ANALYZE AND REPORT
TO
THE
BOARD
ON ISSUES
RELATING
TO PAIN
CLINICS
BY
A
DATE
CERTAIN; PROVIDING
FOR
PENALTIES;
PROVIDING
AN
EFFECTIVE DATE.
WHEREAS, the Orange County SherifFs Office and the Metropolitan Bureau of
Investigation for the Ninth Judicial Circuit have advised the Orange County Board of
County Commissioners ("BCC") that a pattern of illegal drug use and distribution has
been linked in large part to certain pain management clinics operating in and around
Orange County; and
WHEREAS,
the
illegal
distribution
drugs,
increased crime associated with such activity, and the high number of deaths in Orange County relating to
prescription drug abuse has created
an urgent situation requiring immediate action to
reduce the threat to the health, safety and welfare of county citizens; and
WHEREAS,
the
Florida Legislature has identified
concerns regarding
the
increased use and abuse of substances controlled by federal and/or state law and the
frequency of injury and death occurring
as
a result of the increased availability of
controlled substances via medical practitioners operating in pain management clinics or facilities; and
WHEREAS, Florida Statutes require physicians and other persons dispensing
prescription drugs through pain management clinics, facilities or offices, to register with
the State Department of Health in order to conduct such business; and
WHEREAS, several counties and municipalities
in Florida have established
moratoria
new pain management clinics
to curb the immediate negative
impacts created by these clinics, such as illegal prescription drug trafficking and sales of
illegal drugs around the clinics, and loitering in areas surrounding the clinics; and
WHEREAS,
the negative impacts associated with certain pain management clinics creates an urgent situation necessitating immediate investigation into and potential
regulation of such clinics in Orange County; and
15
WHEREAS,
it is not the intent of this Ordinance
to interfere with the legal
prescription, dispensation, or use of controlled substances; and
legislation
to
further regulate pain management clinics
as long as these additional
regulations
are not preempted
in the law and
are not inconsistent with the statutory
provisions; and
a moratorium on
the issuance of any new Business Tax Receipts for pain management clinics and to direct
County staff to analyze the effects of pain management clinics on our community and to
prepare recommendations to better promote, protect and improve the health, safety and
welfare of the citizens of the county by local regulation of pain management clinics and
to restrict cash only operations and hours of operation of existing clinics through the
period of this moratorium; and
WHEREAS,
at least during the term of this moratorium, the BCC desires to
adopt restrictions on the form of payment that is made at pain management clinics and
limitations on the hours of operation of such clinics.
THEREFORE,
BE
IT ORDAINED
BY THE BOARD OF COUNTY
COMMISSIONERS OF ORANGE COUNTY, FLORIDA:
Section 1. Recitals. The
tbregoing "WHEREAS"
clauses
are hereby
ratified and confirmed as being true and correct and are hereby made a specific part of
this Ordinance upon adoption hereof.
Section 2.
Title.__.•. This Ordinance shall be known as the "Chad Phillips Act."
Section 3. Definitions. For the purposes of this Ordinance, the following terms,
meanings:
A.
whether appearing
in
the singular
shall have the following
Chronic nonmalignant pain means pain unrelated to cancer, which persists
beyond the usual course of the disease or injury that is the cause of the pain, tbr more
than ninety (90) days after surgery.
2
16
B.
Controlled substance is defined as in section 893.02, Florida Statutes, and
means a controlled substance listed in Schedules I to V in section 893.03, Florida
Statutes.
C.
Pain management clinic means any privately owned pain management clinic, facility or office which advertises in any medium for any type of pain management
services, or employs a physician who is primarily engaged in the treatment of pain by
prescribing or dispensing controlled substance medication and is required to register with
the Florida Department of Health pursuant to sections 458.3265
Statutes, as may be amended from time to time. Pain management clinic does not include
a clinic:
1.
Licensed as a facility pursuant to Chapter 395, Florida Statutes, as may be amended;
2.
Where the majority of the physicians who provide services in the
clinic primarily provide surgical services;
3.
Owned by a publicly held corporation whose shares are traded on a
national exchange or on the over-the-counter market and whose total assets at the end of
the corporation's most recent fiscal quarter exceeded $50 million dollars;
4.
Affiliated with an accredited medical school
at which training is
provided for medical students, residents, or fellows;
That does not prescribe or dispense controlled substances for the
treatment of pain; or
6.
Owned by
a corporate entity exempt from federal taxation under
26 U.S.C. 501(c) (3) or (4) as may be amended.
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D.
Physician primarily engaged in the treatment of pain means
a physician
who prescribes or dispenses controlled substance medications when the majority of the patients
seen
are prescribed
for the
treatment of chronic nonmalignant pain.
Section 4.
Moratorium.
A.
Beginning on December 15, 2010,
a moratorium shall exist for one year
and expire on December 14, 2011, or sooner as provided herein, during which time the Tax Collector shall not issue any new Local Business Tax Receipt to any person for the
purpose of engaging in, operating,
a pain management clinic. The Tax
Collector
is
authorized
to
renew
any
Local Business Tax Receipt
Occupational License to any person for the purpose of engaging in or managing a pain management clinic existing on the effective date of this ordinance. However, if a pain management clinic is not registered with the Florida Department of Health as required by
sections 458.3265
Occupational License is not eligible for renewal or transfer.
B.
The moratorium shall expire upon the earlier of the following:
1.
On December 14, 2011, one year from the effective date of this
Ordinance;
2. "Iq•e effective date
an ordinance, adopted by
the Board of
County Commissioners,
to address drug use and distribution associated with pain
management clinics which dispense narcotic drugs on site in Orange County; or
3.
At such time
as the Board of County Commissioners receives
a
report from County staff on issues relating to pain management clinics and votes by
majority vote to repeal this moratorium.
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18
C. If, during the period of this moratorium,
an application is made
for
issuance of a Local Business Tax Receipt for the operation of any of the following
categories, which the applicant represents at the time of application, is not being operated
and will not be operated during the period of term covered by the Local Business Tax
Receipt as
a pain management clinic, the applicant, as a condition of issuance of the
Local Business Tax Receipt, shall execute and deliver to the "Fax Collector an affidavit
confirming such representation.
If, during the time covered by the Local Business Tax
Receipt,
the clinic, facility
is found to be,
in fact, operating
as
a pain
management clinic,
the Local Business Tax Receipt shall be subject
to immediate
suspension
revocation
in
proceedings
before
the
Code Enforcement Special
Magistrate, in addition to any other civil or criminal remedies or penalties available under
local, county, state, and federal laws. Failure or refusal of applicant to execute and deliver
the above-described affidavit shall result in a denial of the issuance of the Local Business
Tax Receipt. An executed affidavit shall accompany an application for a Local Business Tax Receipt in all of the following categories: Local Business Tax Receipt
Description Category Number
2711
Amusement Center
3001
Physician
3005 Dentist 3011
Massage Therapist (state certified)
3012
Chiropractor
3014
Ophthalmologist
19 3016
Psychologist
3020 Miscellaneous professional 3100 Miscellaneous 3110
Consulting
3200
Retail store
3502
Wholesale
5000 Business Section 5. No Cash Only. During the moratorium established herein, no pain
management clinic in operation
as of December 15, 2010 shall limit patient payment
Section 6.
Hours of Operation. During the moratorium established herein,
the hours of operation of a pain management clinic in operation as of December 15, 2010 shall be limited to 7 a.m. to 9 p.m. of the same day.
Section 7.
Staff Report.
A.
This moratorium has been established
for the minimum time period
necessary for County staff to analyze the effects and impacts of pain management clinics
in Orange County; analyze the criteria for additional standards needed, if any, under
zoning, land use, land development, and general police power regulations in connection
with the issuance of any development permits, business licenses, business tax receipts, or
approvals
Ibr pain management clinics within the County; analyze any new laws
regarding pain management clinics enacted by the Florida Legislature; complete
an
analysis of illegal drug use, distribution patterns, and other public health, safety and
welfare issues that
are associated with some pain management clinics that dispense
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20
narcotics on site; and, to make recommendations to the Board of County Commissioners
regarding whether there
is
a need to enact an ordinance regulating pain management
clinics so as to better promote the health, safety and general welfare of the citizens of the
County.
B.
County staff is directed to provide a report to the BCC of its findings and recommendations by not later than July 12, 2011.
Section 8. Penalties. Unless as otherwise provided herein, violations of this
Ordinance shall be punishable in accordance with Section 1-9 of the Orange County Code of Ordinances. In addition, the County may bring any other action available at law
Section 9. Note to Codifier. This Ordinance may be codified as
a new Article
XIV, Chapter 2, of the Orange County Code.
Section 10.
15, 2010.
ADOPTED THIS 7 th DAY OF DECEMBER, 2010.
s:\dcrosby\ordinances\pain mgml\pain mgmt mora final
Effective Date. This Ordinance shall become effective on December
ATTEST: Martha O. Ilaynie, County Comptroller
As Clerk of the Board of County Commissioners
7
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners "I"<ichard T. Croti-y
¢
County Mayor
APPROVED
BY ORANGE COUNTY BOARD OF COUNTY CO•i.•['RI$SIONERS
ORDINANCE NO. 2010-16 ORDINANCE
OF
ORANGE
COUNTY,
FLORIDA
EFFECTIVE DATE AN
¢lt[• 0 • Z01J
RELATING
TO
SECONDARY METALS RECYCLERS;
IN CHAPTER 26 OF
THE ORANGE COUNTY CODE OF ORDINANCES
BY
CREATING SECTIONS
26-140
THROUGH
26-145,
ENTITLED "SECONDARY METALS
RECYCLERS";
PROVIDING DEFINITIONS; PROVIDING
FOR
LIMITATIONS
ON
CASH
TRANSACTIONS
FOR
CERTAIN RESTRICTED
REGULATED METALS;
PROVIDING
A
LIST OF
RESTRICTED REGULATED
METALS; REQUIRING
ADDITIONAL
OWNERSHIP
DATA BE PRESENTED
IN A SALE OF RESTRICTED
REGULATED METALS;
PROVIDING
FOR
INFORMATION SFLARING; REQUIRING ELECTRONIC TRANSACTION RECORD
OF ALL
PURCHASES; REQUIRING THE SECONDARY METALS RECYCLER TO
MAINTAIN
OR
HAVE
IMMEDIATE ACCESS
TO
A
FACSIMILE
OR SIMILAR EQUIPMENT;
PROVIDING FOR
A PENALTY; AND PROVIDING
AN EFFECTIVE
DATE.
metals have contributed to increased criminal activity in areas such as thefi of copper wiring
fi'om construction sites, underground telecommunication wires, utility wires, air conditioning
units, and beer kegs; and
relating to theft of secondary metal and secondary metal products such as those described above
is impacting the public health, safbty and welfare of the residents of Orange County; and
theft and increasing the penalties for violation of the
state law (Chapter 2008-69, Laws of
Florida); and
WHEREAS, law enforcement in both the City of Orlando and Orange County have
identified areas in the law where additional regulation will be helpful to curb theft of seconck•ry metals in Orange County; and
WHEREAS, the City of Orlando, Orange County, law enforcement, secondary metals
recyclers, and other interested persons have sought to find a way to share information, cooperate,
and move forward collectively in an effort to further reduce secondary metal theft locally; and
21
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a specific goal of increasing recycling and that recycling
secondary materials is a vital part of preserving our state's environment; and
to further regulate the secondary metals recycling industry, which is regulated at Part II, Chapter
538, Florida Statutes, as long as those additional regulations are not preempted in the law and are
not inconsistent with the statutory provisions.
BE
IT
ORDAINED
BY
THE
BOARD
OF
COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. A new Article Vii, Chapter 26, Orange County Code of Ordinances, is
hereby created to read as follows:
CHAPTER 26, ARTICLE VII SECONDARY METALS RECYCLERS
A.
Ferrous Metals
means
any metals
containing significant quantities of iron or steel.
B.
Fixed Location
means
any
site occupied
by
a
secondary metals rec¥cler as owner of the site or as lessee of the
site
under
a
lease
rental
agreement providing
for
duration of not less than 364 days,.
C.
Monel• means a medium of exchange authorized or adopted by
a domestic
as part
its
currency.
D.
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 subject to regulation under Part
I, Chapter 538, Florida Statutes.
23
E.
Purchase Transaction means a transaction in which
a secondary metals recvcler gives consideration
for regulated
metals property.
F.
Regulated
Metals
Property
means
any item
composed primarily of any nonferrous metals, but shall not include
aluminum beverage containers,
used beverage
containers,
similar beverage containers. For purposes of enforcement under
this ordinance, the term shall also include stainless steel beer kegs. G.
Restricted Regulated Metal Property
means the
specific regulated metal items that are listed in section 26-142 of
this Code.
It.
Secondary Metals Recycler shall have the meaning
ascribed
in subsection 538.18(8),
Florida Statutes,
as may
be
amended from time to time.
1.
Seller means the person from whom the regulated metal property_ is acquired.
J.
Utility
means any
person, firm,
corporation,
association,
county,
provision,
service, telephone service, telegraph service,
radio service,
telecommunication service.
A.
A secondary metals recvcler shall not enter into any cash transaction lbr purchase of any restricted regulated metals
property listed in section 26-142 of this Code.
B.
Payment by
a secondary metals recycler
for the
purchase of restricted regulated metal property shall be made by
check issued to the Seller and payable to the Seller or by electronic
payment to the Seller's bank account or to the Seller's employer's
bank account.
C.
Each check
lbr payment shall be mailed by the
secondary metals rec¥cler directly to the current street address of
the Seller which
is
file with the secondary metals recvcler
unless otherwise provided
in this Article. Pa•,ment shall not be
mailed to a post office box. Electronic payments shall be sent to a
24
bank account for which the Seller is listed as an account holder or
an employee or agent thereof.
D.
Each check or electronic payment shall be mailed or electronically transferred by the secondary metals recvcler to the
Seller within three (3) business days of the purchase transaction unless otherwise provided in this Article.
Restricted
Regulated
Metal
Property; Exemptions.
A.
A secondary metals recycler shall not purchase any
items
without obtaining reasonable proof that
the
Seller
the
property (such as a receipt or 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 that the Seller
is authorized to sell the item of regulated metal property on behalf
secondary metals recycler may retain on file an official document
the
letterhead
entit,•, indicating that the Seller
is
authorized to sell the item of regulated metal property-; however, such a letter must be dated within 90 days of the transaction):
1.
A manhole cover.
2.
An electric light
pole
utility
structure and its fixtures, wires, and hardware which
are
readily identifiable as coming from the utility structure.
3.
A guard rail.
4.
A street sign, traffic sign,
and its fixtures and hardware.
5.
Communication, transmission, distribution,
and service wire, from
a
utility
including
copper
aluminum bus bars, connectors, and grounding plates
grounding wire.
6.
A funeral marker or funeral vase.
7.
An historical marker.
25
8.
Railroad
equipment, including,
but
not
limited to a tie plate, signal house, control box, switch plate, E clip,
9.
Any metal item that
is observably marked
upon reasonable inspection with any form of the name, initials, or
logo
a governmental entity, utility company,
cemetery,
railroad.
10.
A copper, aluminum,
condensing or evaporator coil, including its tubing or rods, from a
heating or air conditioning unit (excluding coils from window air conditioning units and automobiles)._
11.
An aluminum or stainless steel container or
bottle designed to hold propane for fueling forklifts.
12.
Stainless steel beer kegs.
13. A catalytic converter or any nonferrous part
14.
Metallic wire that was burned in whole or in part to remove insulation.
15.
Brass
bronze
commercial
valves
fittings, referred to as "FDC valves," that are commonly used on
structures for access to water for the purpose of extinguishing fires. 16.
Brass
backflow preventer valves
that
are valves commonly used
to
prevent backflow of potable water into municipal domestic water
service systems from commercial structures.
17.
A shopping cart.
B.
Exemptions.
The secondary metals recycler may
provide a check at the time of the purchase transaction, rather than mailing said check as required in subsection 26-141 of this Article,
if the Seller is in one of the following exempt categories:
1.
Organizations, corporations,
registered with
the
state
as charitable, philanthropic, religious,
fraternal, civic, patriotic, social, or school-sponsored organizations
26
A
law enforcement
in
an 3.
A trustee
in
bankruptcy,
executor,
administrator, or receiver who has presented proof of such status to
the secondary metals recycler;
4.
Any public
process or authority who has presented proof of such status to the
secondary metals recycler;
5.
A sale on the execution, or by virtue of any
process issued by a court, if proof thereof has been presented to the
secondary metals recycler; or
6.
A
manufacturing,
industrial,
commercial vendor
that
generates regulated materials
in
the
A. All secondary metals recyclers shall maintain
a
legible electronic record, in the English language, of all purchase
transactions involving regulated metal property and restricted
regulated •netal property to which such secondary metals recycler
is
a party. Such electronic format will be the Florida Integrated
Network
for
Data Exchange and Retrieval software
such software
as is otherwise designated
in writing by the Orange
County
Sheriff's Office.
It
shall be the responsibility
individual secondary metal recycler,
the most current data specifications
electronic format.
B.
The following information shall be maintained and transmitted to the Orange County Sheriff's Office in the specified electronic data format described in subsection A., above: metals recycler; The
name
and
address
2.
The name, initials, or other identification of
the individual entering the information regarding the transaction;
3.
The date and time of the transactioni
27
4.
The
weight, quantity,
and
a
description of the type of regulated metals property purchased in a purchase transaction;
5.
The distinctive number from the personal identification card of the Seller;
6.
A description of the Seller including:
a.
Full name, current residential
address, workplace, and home and work phone numbers;
b.
Height, weight, date of birth, gender,
hair color, eye color, and any other identifying marks;
c.
A vehicle description to include the
make, model, and tag number of the vehicle and trailer of the
Seller of the regulated metals property; and
d.
Any other information required by
the form approved by the Florida Department of Law Enforcement
and
as specified
in section 538.19, Florida Statutes, except the
amount of consideration given in the purchase transaction.
C.
Such information shall be electronically transmitted
for the previous day's business
to the Orange County Sheriff's
Office by 10 a.m.
D. A secondary metals recycler shall maintain or cause
to be maintained the information required by this section for not
less than five (5) years from the date of purchase transaction.
E. If the purchase transaction involves the transfer of
regulated metals property from
a)
a secondary metals recycler
registered with the State or bl
a•l exempl seller trader section 26-
142 B. of this Code to a secondary metals recycler registered with the State, the secondary metals recycler receiving the regulated
metals property shall record the Seller's business name and address
and the name of the Seller's business representative
point of contact in lieu of the requirements listed in paragraph 6.,
above.
28
Facsimile, Telecopier•
Similar Equipment
Required.
A secondary metals recycler shall maintain at its place of business,
stolen property
property may be expeditiously received from the Orange County
Sheriff's Department. The equipment shall be operable at all times
during the usual and customary business hours of the secondary
metals recycler. The secondary metals recycler shall maintain the facsimile number or other access number of the equipment on file with the Sheriff and shall not, ify the Sheriff within 24 hours of any
change in the number.
Whoever violates this Article may be punished as provided
in section 1-9 of the Orange County Code.
Section 3.
Effective date. This ordinance shall become effective on January 3,2011.
ADOPTED THIS 7th DAY OF DECEMBER, 2010.
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
Depub Clerk ORANGE COUNTY, FLORIDA
By: Board of County Commissioners By: Richard T. Crotty
County Mayor
s:\dcrosby\ordinances\secondary metads\secondar•' metals