Florida Cabinet to Vote on Amendments to Secondhand Metals Recycler Registration Rules

The Florida Cabinet will meet on Tuesday, August 12, 2008 and consider various agendas, among which the Florida Department of Revenue (“DOR”) will request approval to adopt, file, and certify with the Secretary of State under Chapter 120, Florida Statutes, the adoption of amendments to Rule Chapter 12A-17, Florida Administrative Code (F.A.C.)

Chapter 12A-17 Sales and Use Tax; Registration as Secondhand Dealer or Secondary Metals Recyclers 

Rule 12A-17.003, F.A.C. Registration
Rule 12A-17.005, F.A.C. Public Use Forms

A Rule Development Workshop was held on July 1, 2008, at which public testimony was invited regarding the above proposed Rules.  To view notice of this meeting and complete Rule text, click here.

The proposed amendments to the Rules: 

(1) provide that, to obtain a certificate of registration as a secondhand dealer or as a secondary metals recycler, the DOR requires a completed application package

(2) provide the documents that are required to be included in an application package submitted for registration as a secondhand dealer or as a secondary metals recycler

(3) provide how and when to submit a completed application package to the DOR for processing

(4) provide that a Federal Bureau of Investigation fingerprint card must be received as part of a registration application, so that the Florida Department of Law Enforcement can complete the background check required for all applicants

(5) provide information about the fees imposed by the Department of Law Enforcement and the Federal Bureau of Investigation to perform a background check

(6) provide the requirements for registration when there is a change in legal entity of a registered business or when there is a change in ownership of a registered business

(7) clarify the process for renewing an annual certificate of registration

(8) clarify what confidential information the Department has been authorized to release to law enforcement officials or by an order of a judge or by a subpoena.

The proposed amendments to Rule 12A-17.005, F.A.C. (Public Use Forms):

(1) adopt, by reference, forms to be used by the DOR to register secondhand dealers and secondary metals recyclers beginning July 2008

(2) update information on how to obtain forms from the DOR

(3) clarify that renewal applications are issued annually by the DOR to current registrants

 

The Cabinet is expected to approve the Rule amendments.

To view the complete August 12 Cabinet agenda, click here.

 

Should you have any questions or comments, please contact Frank Mayernick Jr. at Colodny Fass.