Florida Senate - 2023 SB 306
By Senator Boyd
20-00311A-23 2023306__
1 A bill to be entitled
2 An act relating to catalytic converters; creating s.
3 860.142, F.S.; providing a short title; providing
4 definitions; requiring certain records regarding a
5 transaction involving a detached catalytic converter
6 to be maintained for a specified period; authorizing
7 inspection of such records by a law enforcement
8 officer or agency representative; requiring a person
9 who sells or installs a detached catalytic converter
10 to disclose that the catalytic converter has been
11 detached; requiring certain information regarding a
12 transaction to be provided to certain persons upon
13 request; providing application of specified statutory
14 provisions; providing for an inference that a
15 catalytic converter may have been stolen; providing
16 prohibitions regarding the possession, purchase, sale,
17 or installation of a stolen, detached, or altered
18 catalytic converter; providing prohibitions regarding
19 the importing, manufacturing, purchase, sale, or
20 installation or reinstallation of a counterfeit, fake,
21 or junk-filled catalytic converter; providing criminal
22 penalties; providing criminal penalties for failure to
23 maintain certain records, prepare certain documents,
24 provide certain records upon request, or make certain
25 disclosures; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 860.142, Florida Statutes, is created to
30 read:
31 860.142 Catalytic Converter Antitheft Act.—
32 (1) SHORT TITLE.—This section may be cited as the
33 “Catalytic Converter Antitheft Act.”
34 (2) DEFINITIONS.—As used in this section, the term:
35 (a) “Catalytic converter” means an emission control device
36 that is designed to be installed and operate in a motor vehicle
37 to convert toxic gases and pollutants in the motor vehicle’s
38 exhaust system into less toxic substances via chemical reaction.
39 (b) “Counterfeit catalytic converter” means a catalytic
40 converter displaying a mark identical or similar to the genuine
41 mark of a catalytic converter manufacturer or motor vehicle
42 manufacturer without authorization from such manufacturer.
43 (c) “Detached catalytic converter” means a catalytic
44 converter that has been removed or detached from a motor
45 vehicle.
46 (d) “Fake catalytic converter” means an item, other than a
47 catalytic converter designed in accordance with United States
48 Environmental Protection Agency regulations for a given make,
49 model, and year of motor vehicle as part of a motor vehicle
50 emission control system, including a counterfeit or
51 nonfunctional catalytic converter, which is used to replace a
52 legitimate, functional catalytic converter.
53 (e) “Junk-filled catalytic converter” means a catalytic
54 converter the composition of which includes a metal or chemical
55 that does not function in the same manner or to the same extent
56 as a metal or chemical in a legitimate catalytic converter to
57 protect motor vehicle occupants and others from toxic gases and
58 pollutants produced by the motor vehicle.
59 (f) “Nonfunctional catalytic converter” means a replacement
60 catalytic converter that:
61 1. Was previously recalled or damaged; or
62 2. Includes a part or object, including, but not limited
63 to, a counterfeit or repaired catalytic converter, installed in
64 a motor vehicle to mislead the owner or operator of such motor
65 vehicle to believe that a functional catalytic converter has
66 been installed.
67 (g) “Registered secondary metals recycler” means a
68 secondary metals recycler, as defined in s. 538.18, that is
69 registered with the Department of Revenue as required in s.
70 538.25.
71 (h) “Salvage motor vehicle dealer” has the same meaning as
72 provided in s. 320.27(1)(c)5.
73 (3) PURCHASE, SALE, OR INSTALLATION OF CATALYTIC
74 CONVERTERS; RECORDS.—
75 (a) A person engaged in the purchase, sale, or installation
76 of a detached catalytic converter shall maintain a manual or
77 electronic record of the purchase, sale, or installation. The
78 record must include the first and last name, the address, and a
79 copy of the driver license or other government-issued means of
80 identification of the person from whom the detached catalytic
81 converter was purchased and, if the detached catalytic converter
82 is installed, the vehicle identification number of the motor
83 vehicle in which the catalytic converter is installed. Such
84 record must be maintained for 3 years after the transaction and
85 may be inspected during normal business hours by a law
86 enforcement officer or other authorized representative of the
87 agency charged with administering this section. A person who
88 sells or installs a detached catalytic converter must disclose
89 to the purchaser or consumer that the catalytic converter has
90 been detached from a motor vehicle. Upon request, information
91 contained in a record or document pertaining to a specific
92 transaction must be provided to an insurer, purchaser, consumer,
93 or law enforcement officer.
94 (b) A catalytic converter is a major component part of a
95 motor vehicle as provided in s. 319.30(1)(j)1. The requirements
96 of s. 319.30 apply to the purchase, possession, or sale of a
97 catalytic converter by a salvage motor vehicle dealer.
98 (4) INFERENCE.—Proof that a person was in possession of two
99 or more detached catalytic converters, unless satisfactorily
100 explained, gives rise to an inference that the person in
101 possession of the catalytic converters knew or should have known
102 that the catalytic converters may have been stolen or
103 fraudulently obtained.
104 (5) PROHIBITIONS; PENALTIES.—
105 (a) A person may not:
106 1. Knowingly possess, purchase, sell, or install a stolen
107 catalytic converter; a new or detached catalytic converter of
108 which the manufacturer’s part identification number, aftermarket
109 identification number, or owner-applied number has been removed,
110 altered, or defaced; or a catalytic converter removed from a
111 stolen motor vehicle;
112 2. Knowingly purchase a detached catalytic converter
113 without being a registered secondary metals recycler; or
114 3. Possess, sell, or offer for sale a detached catalytic
115 converter without proof of ownership or proof that the person
116 meets the criteria for exemption provided in s. 538.22.
117
118 A person who violates this paragraph commits a felony of the
119 third degree, punishable as provided in s. 775.082, s. 775.083,
120 or s. 775.084.
121 (b) A person may not knowingly import, manufacture,
122 purchase, sell, offer for sale, or install or reinstall in a
123 motor vehicle a counterfeit, fake, or junk-filled catalytic
124 converter. A person who violates this paragraph commits a felony
125 of the second degree, punishable as provided in s. 775.082, s.
126 775.083, or s. 775.084.
127 (c) A person or business entity that fails to maintain
128 complete and accurate records, to prepare complete and accurate
129 documents, to provide a record or information contained in a
130 record upon request, or to properly disclose that a catalytic
131 converter is a counterfeit, detached, fake, or junk-filled
132 catalytic converter:
133 1. Upon a first offense, commits a misdemeanor of the first
134 degree, punishable as provided in s. 775.082 or s. 775.083.
135 2. Upon a second or subsequent offense, commits a felony of
136 the third degree, punishable as provided in s. 775.082, s.
137 775.083, or s. 775.084.
138 Section 2. This act shall take effect July 1, 2023.