The Florida Senate

860.145  Airbag Antitheft Act.--

(1)  SHORT TITLE.--This section may be cited as the "Airbag Antitheft Act."

(2)  DEFINITIONS.--As used in this section, the term "airbag" means an inflatable restraint system that is designed to be installed and to operate in a motor vehicle to activate in the event of a crash; and the term "salvaged airbag" means an airbag that has been removed from a motor vehicle.

(3)  PURCHASE, SALE, OR INSTALLATION OF SALVAGED AIRBAGS; RECORDS.--Any person engaged in the business of purchasing, selling, or installing salvaged airbags shall maintain a manual or electronic record of the purchase, sale, or installation, which must include the identification number of the salvaged airbag; the vehicle identification number of the vehicle from which the salvaged airbag was removed; the name, address, and driver's license number or other means of identification of the person from whom the salvaged airbag was purchased; and, in the event that the salvaged airbag is installed, the vehicle identification number of the vehicle into which the airbag is installed. Such record must be maintained for 36 months following the transaction and may be inspected during normal business hours by any law enforcement officer of this state or other authorized representative of the agency charged with administration of this section. Any person who sells a salvaged airbag or who installs a salvaged airbag must disclose to the purchaser or consumer that the airbag is salvaged. Upon request, information within a portion of such record pertaining to a specific transaction must be provided to an insurer or consumer.

(4)  PROHIBITION; PENALTIES.--

(a)  It is unlawful for any person to knowingly possess, sell, or install a stolen uninstalled airbag; a new or salvaged airbag from which the manufacturer's part identification number has been removed, altered, or defaced; or an airbag taken from a stolen motor vehicle. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(b)  Any person who fails to maintain complete and accurate records, to prepare complete and accurate documents, to provide information within a portion of such record upon request, or to properly disclose that an airbag is salvaged, as required by this act, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

History.--s. 1, ch. 99-170.