Florida Senate - 2023 CS for SB 306 By the Committee on Criminal Justice; and Senators Boyd and Hooper 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. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 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: 46 860.142 Catalytic 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. 88 (3) PURCHASE, SALE, OR INSTALLATION OF CATALYTIC 89 CONVERTERS; RECORDS.— 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. 132 133 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.