Florida Senate - 2023                              CS for SB 306
       By the Committee on Criminal Justice; and Senators Boyd and
       591-02083-23                                           2023306c1
    1                        A bill to be entitled                      
    2         An act relating to catalytic converters; amending s.
    3         538.26, F.S.; prohibiting a secondary metals recycler
    4         from processing or removing a catalytic converter from
    5         the recycler’s place of business for a specified
    6         period; providing an exception; creating s. 860.142,
    7         F.S.; providing a short title; providing definitions;
    8         requiring certain records regarding a transaction
    9         involving a detached catalytic converter to be
   10         maintained for a specified period; authorizing
   11         inspection of such records by a law enforcement
   12         officer or agency representative; requiring a person
   13         who sells or installs a detached catalytic converter
   14         to disclose that the catalytic converter has been
   15         detached; requiring certain information regarding a
   16         transaction to be provided to certain persons upon
   17         request; providing application of specified statutory
   18         provisions; providing for an inference that a
   19         catalytic converter may have been stolen; providing
   20         prohibitions regarding the possession, purchase, sale,
   21         or installation of a stolen, detached, or altered
   22         catalytic converter; providing prohibitions regarding
   23         the importing, manufacturing, purchase, sale, or
   24         installation or reinstallation of a counterfeit, fake,
   25         or junk-filled catalytic converter; providing criminal
   26         penalties; providing criminal penalties for failure to
   27         maintain certain records, prepare certain documents,
   28         provide certain records upon request, or make certain
   29         disclosures; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Subsection (6) is added to section 538.26,
   34  Florida Statutes, to read:
   35         538.26 Certain acts and practices prohibited.—It is
   36  unlawful for a secondary metals recycler to do or allow any of
   37  the following acts:
   38         (6)Process or remove from the place of business of a
   39  secondary metals recycler a catalytic converter the secondary
   40  metals recycler has purchased for a period of 10 business days
   41  after the date of purchase. This subsection does not apply to a
   42  purchase from a salvage motor vehicle dealer as defined in s.
   43  320.27(1)(c).
   44         Section 2. Section 860.142, Florida Statutes, is created to
   45  read:
   46         860.142Catalytic Converter Antitheft Act.—
   47         (1)SHORT TITLE.—This section may be cited as the
   48  “Catalytic Converter Antitheft Act.”
   49         (2)DEFINITIONS.—As used in this section, the term:
   50         (a)“Catalytic converter” means an emission control device
   51  that is designed to be installed and operate in a motor vehicle
   52  to convert toxic gases and pollutants in the motor vehicle’s
   53  exhaust system into less toxic substances via chemical reaction.
   54         (b)“Counterfeit catalytic converter” means a catalytic
   55  converter displaying a mark identical or similar to the genuine
   56  mark of a catalytic converter manufacturer or motor vehicle
   57  manufacturer without authorization from such manufacturer.
   58         (c)“Detached catalytic converter” means a catalytic
   59  converter that has been removed or detached from a motor
   60  vehicle.
   61         (d)“Fake catalytic converter” means an item, other than a
   62  catalytic converter designed in accordance with United States
   63  Environmental Protection Agency regulations for a given make,
   64  model, and year of motor vehicle as part of a motor vehicle
   65  emission control system, including a counterfeit or
   66  nonfunctional catalytic converter, which is used to replace a
   67  legitimate, functional catalytic converter.
   68         (e)“Junk-filled catalytic converter” means a catalytic
   69  converter the composition of which includes a metal or chemical
   70  that does not function in the same manner or to the same extent
   71  as a metal or chemical in a legitimate catalytic converter to
   72  protect motor vehicle occupants and others from toxic gases and
   73  pollutants produced by the motor vehicle.
   74         (f)“Nonfunctional catalytic converter” means a replacement
   75  catalytic converter that:
   76         1.Was previously recalled or damaged; or
   77         2.Includes a part or object, including, but not limited
   78  to, a counterfeit or repaired catalytic converter, installed in
   79  a motor vehicle to mislead the owner or operator of such motor
   80  vehicle to believe that a functional catalytic converter has
   81  been installed.
   82         (g)“Registered secondary metals recycler” means a
   83  secondary metals recycler, as defined in s. 538.18, that is
   84  registered with the Department of Revenue as required in s.
   85  538.25.
   86         (h)“Salvage motor vehicle dealer” has the same meaning as
   87  provided in s. 320.27(1)(c)5.
   90         (a)A person engaged in the purchase, sale, or installation
   91  of a detached catalytic converter shall maintain a manual or
   92  electronic record of the purchase, sale, or installation. The
   93  record must include the first and last name, the address, and a
   94  copy of the driver license or other government-issued means of
   95  identification of the person from whom the detached catalytic
   96  converter was purchased and, if the detached catalytic converter
   97  is installed, the vehicle identification number of the motor
   98  vehicle in which the catalytic converter is installed. Such
   99  record must be maintained for 3 years after the transaction and
  100  may be inspected during normal business hours by a law
  101  enforcement officer or other authorized representative of the
  102  agency charged with administering this section. A person who
  103  sells or installs a detached catalytic converter must disclose
  104  to the purchaser or consumer that the catalytic converter has
  105  been detached from a motor vehicle. Upon request, information
  106  contained in a record or document pertaining to a specific
  107  transaction must be provided to an insurer, purchaser, consumer,
  108  or law enforcement officer.
  109         (b)A catalytic converter is a major component part of a
  110  motor vehicle as provided in s. 319.30(1)(j)1. The requirements
  111  of s. 319.30 apply to the purchase, possession, or sale of a
  112  catalytic converter by a salvage motor vehicle dealer.
  113         (4)INFERENCE.—Proof that a person was in possession of two
  114  or more detached catalytic converters, unless satisfactorily
  115  explained, gives rise to an inference that the person in
  116  possession of the catalytic converters knew or should have known
  117  that the catalytic converters may have been stolen or
  118  fraudulently obtained.
  119         (5)PROHIBITIONS; PENALTIES.—
  120         (a)A person may not:
  121         1.Knowingly possess, purchase, sell, or install a stolen
  122  catalytic converter; a new or detached catalytic converter of
  123  which the manufacturer’s part identification number, aftermarket
  124  identification number, or owner-applied number has been removed,
  125  altered, or defaced; or a catalytic converter removed from a
  126  stolen motor vehicle;
  127         2.Knowingly purchase a detached catalytic converter
  128  without being a registered secondary metals recycler; or
  129         3.Possess, sell, or offer for sale a detached catalytic
  130  converter without proof of ownership or proof that the person
  131  meets the criteria for exemption provided in s. 538.22.
  133  A person who violates this paragraph commits a felony of the
  134  third degree, punishable as provided in s. 775.082, s. 775.083,
  135  or s. 775.084.
  136         (b)A person may not knowingly import, manufacture,
  137  purchase, sell, offer for sale, or install or reinstall in a
  138  motor vehicle a counterfeit, fake, or junk-filled catalytic
  139  converter. A person who violates this paragraph commits a felony
  140  of the second degree, punishable as provided in s. 775.082, s.
  141  775.083, or s. 775.084.
  142         (c)A person or business entity that fails to maintain
  143  complete and accurate records, to prepare complete and accurate
  144  documents, to provide a record or information contained in a
  145  record upon request, or to properly disclose that a catalytic
  146  converter is a counterfeit, detached, fake, or junk-filled
  147  catalytic converter:
  148         1.Upon a first offense, commits a misdemeanor of the first
  149  degree, punishable as provided in s. 775.082 or s. 775.083.
  150         2.Upon a second or subsequent offense, commits a felony of
  151  the third degree, punishable as provided in s. 775.082, s.
  152  775.083, or s. 775.084.
  153         Section 3. This act shall take effect July 1, 2023.