12040918, 12A-17.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12040918

Notice of Proposed Rule

Department:

DEPARTMENT OF REVENUE

Division:

Sales and Use Tax

Chapter:

REGISTRATION AS SECONDHAND DEALER OR SECONDARY METALS RECYCLER

Overview

RULE:

12A-17.001	Scope of Rules
12A-17.003	Registration
12A-17.005	Public Use Forms

PURPOSE:

To meet the requirements of Sections 538.09(2) and 538.25(1), F.S., and provide the information necessary for the Florida Department of Law Enforcement to complete a state and federal criminal history record check, fingerprints are now required to be submitted electronically. In addition, effective July 1, 2012, Section 1, Chapter 2012-179, L.O.F., requires any person purchasing, consigning, or trading secondhand goods at a flea market to register as a secondhand dealer and limits the exemption from the registration requirement for auction businesses to only those businesses engaged in buying and selling estates, business inventory, surplus merchandise, or liquidations.
The purpose of the proposed amendments to Rule Chapter 12A-17, F.A.C. (Registration as Secondhand Dealer or Secondary Metals Recycler), is to update the registration requirements for secondhand dealers and secondary metals recyclers.

SUMMARY:

The proposed repeal of Rule 12A-17.001, F.A.C. (Scope of Rules), removes an unnecessary rule regarding the administration, enforcement, and recordkeeping requirements imposed on secondhand dealers and secondary metals recyclers that is redundant of the provisions in Section 538.11, F.S.
The proposed amendments to Rule 12A-17.003, F.A.C. (Registration), and Rule 12A-17.005, F.A.C. (Public Use Forms): (1) update procedures for secondhand dealers and secondary metals recyclers regarding fingerprinting requirements when applying for a secondhand dealer’s or secondary metals recycler’s certificate of registration; and (2) include in the Registration Application for Secondhand Dealers and/or Secondary Metals Recyclers (Form DR-1S) the registration requirements for persons purchasing, consigning, or trading secondhand goods at a flea market and for auction businesses engaged in buying and selling estates, business inventory, surplus merchandise, or liquidations.

RULEMAKING AUTHORITY:

213.06(1), 538.11, 538.37 FS.

LAW:

213.053(9), (11), 538.09, 538.25, 538.31, 538.32, 539.002 FS.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

COMMENTS:

From 9/28/2012 To 10/19/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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