New laws cracking down on metal theft crimes

New laws cracking down on metal theft crimes

POSTED 10/01/2008 - With the value of copper and other metals on the rise, communities across the nation have seen a surge in secondary metal theft. Last year, the number of secondary metal theft crimes increased in Florida with thieves stealing everything from empty beer kegs and irrigation equipment to grave plaques and copper wire from utility sites.

Copper wire

Just recently a 90 pound copper moonshine still valued at $1500 was taken from a Macclenny park and this past week a workman arrived at a cell tower near Sanderson, Florida to find several portions of the ground wire from around the base of the tower cut off and stolen. Another of the latest targets was the Church at Argyle in Jacksonville. Twelve air-conditioning units valued at $100,000 were torn apart and stripped for their copper Monday night.

Two laws aimed at reducing secondary metal theft and increasing penalties for those found in violation will take effect today.

Passed during the 2008 Legislative Session, HB 105, sponsored by Rep. Baxter Troutman (R-Winter Haven), and HB 799, sponsored by Rep. Sandy Adams (R-Oviedo), step up the state's efforts to deter rampant secondary metal theft across the state and safeguard citizens who may become unintended victims of these crimes. Thieves often cut copper and electrical wiring, which can result in power or phone outages and potentially dangerous live wires.

"Foremost, this legislation is about safeguarding innocent Floridians who can be gravely injured or put at risk as a result of these crimes," said Rep. Troutman. "The previous law did not go far enough to ensure such crimes were monitored and significantly penalized. Tomorrow, the chain of transaction will be broken for metal thefts and the increased costs and potential dangers caused to consumers, homeowners and businesses will be greatly reduced."

The nationwide trend of metal and copper theft is a direct result of metal's increased worldwide demand and rising prices. Stolen copper and secondary metals can quickly be sold for cash to a scrap dealer who will pay 85 to 90 percent of the market price.

• In 2005, copper was $1 per pound, compared to $3 to $4 per pound in 2007
   
• Beer keg scrap value has doubled and even tripled from $5 a keg to $10 to $15 a keg in three years
   
• Business losses from metal theft hover around $1 billion

"The epidemic of copper wire theft affects everyone. This legislation will aid law enforcement officers and prosecutors in their efforts to prevent this crime," said Rep. Adams. "Metal theft not only leads to financial loss, but potentially loss of life. Power outages and disruption of services resulting from thieves' actions can jeopardize the lives of thousands of Floridians and affect emergency response time."

Working hand-in-hand with Florida's elected officials, Floridians for Copper & Metal Crime Prevention, a coalition of Florida business leaders, agricultural associations, law enforcement groups and local governments, hopes the new laws will bring an end to the secondary metal theft epidemic.

"Florida's businesses and communities will now have an important law to help curtail these dangerous practices of metal theft, and our law enforcement officers will have more tools to aid them in their efforts to reduce this threat," said Attorney General McCollum.

Sen. Victor Crist (R-Tampa) and Sen. Lee Constantine (R-Altamonte Springs) sponsored companion bills to HB 105, which crack down on those scrap metal dealers with unscrupulous business practices such as buying stolen copper and metal products. Similarly, Sen. Charles Dean (R-Inverness) and Rep. Adam's HB 799 specifically penalizes secondary metal thieves who target communication or utility services, which can jeopardize public safety. This new law makes damaging a communication or utility facility or interrupting services a first-degree felony punishable by up to 30 years in prison and a $10,000 fine regardless of the value of the stolen metal.

"When electric wires are tampered with, people who rely on home medical devices can be robbed of the power they need to run these devices. Disrupted phone lines may prevent citizens from reaching out for help in a life-threatening emergency," said Sen. Dean. "Secondary metal theft is a dangerous and selfish crime and I am honored to have been part of crafting legislation that will help put an end to it."

The new legislation strengthens the trail to catch thieves and punishes any dishonest scrap dealer who contributes to the problem. Beginning tomorrow, secondary metal dealers are required to keep detailed records of their scrap metal transactions on an electronic database. Required information includes:

• Name and/or description of person from whom the goods were acquired
• Address and workplace
• Verify personal identification cards
• Home and work phone numbers
• A thumbprint
• Vehicle information and photograph
• Videotape or digital image of the regulated metals being sold

Metal dealers who do not provide the required information and receive stolen property can be charged with a third-degree felony. An estimated 19 other states have passed similar laws.

"The economic stresses of today are enough to worry about without businesses and homeowners having to suffer the consequences of costly metal theft," said Keyna Cory, Floridians for Copper & Metal Crime Prevention spokesperson. "However, this criminal trend is not only destructive, it is dangerous. These new laws put procedures into place that will put perpetrators behind bars and keep people safe."

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For more information on HB 105 visit http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=37113&SessionId=57  

For more information on HB 799, visit http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=38277&SessionId=57