Section 5, Chapter 2008-69, L.O.F., requires the Department to release, upon the request of a local law enforcement official, the name and address of any secondary metals recycler registered with the Department within the local official’s ...

DEPARTMENT OF REVENUE
Sales and Use Tax

RULE NO: RULE TITLE
12A-17.003: Registration
PURPOSE AND EFFECT: Section 5, Chapter 2008-69, L.O.F., requires the Department to release, upon the request of a local law enforcement official, the name and address of any secondary metals recycler registered with the Department within the local official’s jurisdiction. This law change authorizes the Department to provide registration information regarding secondary metals recyclers that is currently provided regarding secondhand dealer registrants. The purpose of the proposed amendments to Rule 12A-17.003, F.A.C. (Registration), is to update the list of information regarding secondhand dealers and secondary metals recyclers that the Department may release to requesting local law enforcement officials.
SUMMARY: The proposed amendments to Rule 12A-17.003, F.A.C. (Registration), provide that the Department will, upon the request of a local law enforcement official, release the name and address of any secondary metals recycler registered with the Department within the local official’s jurisdiction.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 213.06(1), 538.11 FS.
LAW IMPLEMENTED: 213.053(9), (11), 538.09, 538.11, 538.25, 538.26 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 2, 2009, 10:00 a.m.
PLACE: Room 118, Carlton Building, 501 South Calhoun Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Larry Green at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Janet Young, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P.O. Box 7443, Tallahassee, Florida 32314-7443, telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

12A-17.003 Registration.

(1) through (5) No change.

(6)(a) Local law enforcement officials may request a report on the registration of secondhand dealers or secondary metals recyclers in their jurisdiction by calling the Department at [phone]. After verifying the official’s identity identify, as provided in Rule 12-22.005, F.A.C., the Department will release the following information to a law enforcement official who requests verification of a secondhand dealer’s or a secondary metals recycler’s certificate of registration:

1. Whether a specified person holds a valid certificate of registration;

2. Whether a specified certificate number is valid, has been canceled, or is inactive or otherwise invalid and the name of the holder of that certificate number; and

3. The name and address of any secondhand dealer or secondary metals recycler registered to do business within the official’s jurisdiction.

(b) After verifying the official’s identify, as provided in Rule 12-22.005, F.A.C., the Department will release the following information to a law enforcement official who requests verification of a secondary metals recycler’s certificate of registration:

1. Whether a specified person holds a valid certificate of registration as a secondary metals recycler; and

2. Whether a specified certificate number is valid, has been canceled, or is inactive or otherwise invalid and the name of the holder of that certificate number.

(b)(c) Pursuant to Section 213.053(9), F.S., the Department will provide information required by an order of a judge or a subpoena.

Specific Authority 213.06(1), 538.11 FS. Law Implemented 213.053(9), (11), 538.09, 538.11, 538.25, 538.26 FS. History–New 3-15-90, Amended 11-14-91, 4-18-93, 10-18-93, 10-17-94, 3-20-96, 8-1-02, 9-15-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet Young, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, telephone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor Charlie Crist and members of the Florida Cabinet, Attorney General Bill McCollum, Chief Financial Officer Alex Sink, and Agriculture Commissioner Charles H. Bronson, as agency head of the Department of Revenue
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: A Notice of Proposed Rule Development Workshop was published in the Florida Administrative Weekly on November 21, 2008 (Vol. 47, No. 34, p. 6076). A rule development workshop was conducted on December 9, 2008. No comments were received by the Department.