Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 306 Ì846796dÎ846796 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/15/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Criminal and Civil Justice (Boyd) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 860.142, Florida Statutes, is created to 6 read: 7 860.142 Catalytic Converter Antitheft Act.— 8 (1) This section may be cited as the “Catalytic Converter 9 Antitheft Act.” 10 (2) As used in this section, the term: 11 (a) “Catalytic converter” means an emission control device 12 that is designed to be installed and operate in a motor vehicle 13 to convert toxic gases and pollutants in the motor vehicle’s 14 exhaust system into less toxic substances via chemical reaction. 15 (b) “Detached catalytic converter” means a catalytic 16 converter that has been removed from a motor vehicle. 17 (c) “Registered secondary metals recycler” means a 18 secondary metals recycler, as defined in s. 538.18, that is 19 registered with the Department of Revenue as required in s. 20 538.25. 21 (d) “Salvage motor vehicle dealer” has the same meaning as 22 provided in s. 320.27(1)(c)5. 23 (3)(a) A person may not knowingly purchase a detached 24 catalytic converter unless he or she is a registered secondary 25 metals recycler. 26 (b) A registered secondary metals recycler who purchases a 27 detached catalytic converter must comply with the requirements 28 in ss. 538.19 and 538.26(5). 29 (c) A registered secondary metals recycler who does not 30 comply with the requirements of paragraph (b) is subject to the 31 penalties in s. 538.23. 32 (4)(a) A person may not knowingly possess, purchase, sell, 33 or install a: 34 1. Stolen catalytic converter; 35 2. Catalytic converter that has been removed from a stolen 36 motor vehicle; 37 3. New or detached catalytic converter from which the 38 manufacturer’s part identification number, aftermarket 39 identification number, or owner-applied number has been removed, 40 altered, or defaced; or 41 4. Detached catalytic converter without proof of ownership, 42 unless the person is a registered secondary metals recycler, a 43 salvage motor vehicle dealer, or meets the criteria for 44 exemption provided in s. 538.22. 45 (b) A person who violates paragraph (a) commits a felony of 46 the third degree, punishable as provided in s. 775.082, s. 47 775.083, or s. 775.084. 48 (c) Proof that a person was in possession of two or more 49 detached catalytic converters, unless satisfactorily explained, 50 gives rise to an inference that the person in possession of the 51 catalytic converters knew or should have known that the 52 catalytic converters may have been stolen or fraudulently 53 obtained. 54 Section 2. Section 860.147, Florida Statutes, is created to 55 read: 56 860.147 Import, sale, or installation of counterfeit, fake, 57 or nonfunctional catalytic converters.— 58 (1) As used in this section, the term: 59 (a) “Catalytic converter” has the same meaning as provided 60 in s. 860.142(2)(a). 61 (b) “Counterfeit catalytic converter” means a catalytic 62 converter displaying a mark identical or similar to the genuine 63 mark of a catalytic converter manufacturer or motor vehicle 64 manufacturer without authorization from such manufacturer. 65 (c) “Fake catalytic converter” means an item, other than a 66 catalytic converter designed in accordance with United States 67 Environmental Protection Agency regulations for a given make, 68 model, and year of motor vehicle as part of a motor vehicle 69 emission control system, including a counterfeit or 70 nonfunctional catalytic converter, which is used to replace a 71 legitimate catalytic converter. 72 (d) “Nonfunctional catalytic converter” means a replacement 73 catalytic converter that: 74 1. Was previously recalled or damaged; or 75 2. Includes a part or object, including, but not limited 76 to, a counterfeit or repaired catalytic converter, installed in 77 a motor vehicle to mislead the owner or operator of such motor 78 vehicle to believe that a functional catalytic converter has 79 been installed. 80 (2) A person may not knowingly import, manufacture, 81 purchase for the purpose of reselling or installing, sell, offer 82 for sale, or install or reinstall in a motor vehicle a 83 counterfeit, fake, or nonfunctional catalytic converter. A 84 person who violates this subsection commits a felony of the 85 second degree, punishable as provided in s. 775.082, s. 775.083, 86 or s. 775.084. 87 Section 3. Subsection (6) is added to section 538.26, 88 Florida Statutes, to read: 89 538.26 Certain acts and practices prohibited.—It is 90 unlawful for a secondary metals recycler to do or allow any of 91 the following acts: 92 (6) Process or remove from the place of business of a 93 secondary metal recycler a detached catalytic converter the 94 secondary metals recycler has purchased for a period of 10 95 business days after the date of purchase. This subsection does 96 not apply to the purchase of a detached catalytic converter from 97 another secondary metals recycler, a salvage motor vehicle 98 dealer as defined in s. 320.27(1)(c)5., or a person or entity in 99 s. 538.22. 100 Section 4. This act shall take effect July 1, 2023. 101 102 ================= T I T L E A M E N D M E N T ================ 103 And the title is amended as follows: 104 Delete everything before the enacting clause 105 and insert: 106 A bill to be entitled 107 An act relating to catalytic converters; creating s. 108 860.142, F.S.; providing a short title; providing 109 definitions; prohibiting a person from purchasing a 110 detached catalytic converter unless he or she is a 111 registered secondary metals recycler; requiring a 112 registered secondary metals recycler to comply with 113 specified recordkeeping requirements; providing 114 penalties; prohibiting a person from possessing, 115 purchasing, selling, or installing a stolen, altered, 116 or detached catalytic converter; providing penalties; 117 providing for an inference that a catalytic converter 118 may have been stolen; creating s. 860.147, F.S.; 119 providing definitions; prohibiting the import, 120 manufacture, specified purchase, sale, or installation 121 of a counterfeit, fake, or nonfunctional catalytic 122 converter; providing penalties; amending s. 538.26, 123 F.S.; prohibiting a secondary metals recycler from 124 processing or removing a detached catalytic converter 125 from the recycler’s place of business for a specified 126 period; providing exceptions; providing an effective 127 date.