Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 306
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2023           .                                

       The Appropriations Committee on Criminal and Civil Justice
       (Boyd) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 860.142, Florida Statutes, is created to
    6  read:
    7         860.142Catalytic 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         860.147Import, 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.
  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.