ENROLLED 2023 Legislature CS for CS for SB 306 2023306er 1 2 An act relating to catalytic converters; creating s. 3 860.142, F.S.; providing a short title; providing 4 definitions; prohibiting a person from knowingly 5 purchasing a detached catalytic converter unless he or 6 she is a registered secondary metals recycler; 7 requiring a registered secondary metals recycler to 8 comply with specified recordkeeping requirements; 9 providing penalties; prohibiting a person from 10 knowingly possessing, purchasing, selling, or 11 installing a stolen, altered, or detached catalytic 12 converter; providing criminal penalties; providing for 13 an inference that a catalytic converter may have been 14 stolen; creating s. 860.147, F.S.; providing 15 definitions; prohibiting a person from knowingly 16 importing, manufacturing, purchasing for a certain 17 purpose, selling, offering for sale, or installing or 18 reinstalling a counterfeit, fake, or nonfunctional 19 catalytic converter; providing criminal penalties; 20 amending s. 538.26, F.S.; prohibiting a secondary 21 metals recycler from processing or removing a detached 22 catalytic converter from the recycler’s place of 23 business for a specified number of days; providing 24 exceptions; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 860.142, Florida Statutes, is created to 29 read: 30 860.142 Catalytic Converter Antitheft Act.— 31 (1) This section may be cited as the “Catalytic Converter 32 Antitheft Act.” 33 (2) As used in this section, the term: 34 (a) “Catalytic converter” means an emission control device 35 that is designed to be installed and operate in a motor vehicle 36 to convert toxic gases and pollutants in the motor vehicle’s 37 exhaust system into less toxic substances via chemical reaction. 38 (b) “Detached catalytic converter” means a catalytic 39 converter that has been removed from a motor vehicle. 40 (c) “Registered secondary metals recycler” means a 41 secondary metals recycler, as defined in s. 538.18, that is 42 registered with the Department of Revenue as required in s. 43 538.25. 44 (d) “Salvage motor vehicle dealer” has the same meaning as 45 provided in s. 320.27(1)(c)5. 46 (3)(a) A person may not knowingly purchase a detached 47 catalytic converter unless he or she is a registered secondary 48 metals recycler. 49 (b) A registered secondary metals recycler who purchases a 50 detached catalytic converter must comply with the requirements 51 in ss. 538.19 and 538.26(5). 52 (c) A registered secondary metals recycler who does not 53 comply with the requirements of paragraph (b) is subject to the 54 penalties in s. 538.23. 55 (4)(a) A person may not knowingly possess, purchase, sell, 56 or install a: 57 1. Stolen catalytic converter; 58 2. Catalytic converter that has been removed from a stolen 59 motor vehicle; 60 3. New or detached catalytic converter from which the 61 manufacturer’s part identification number, aftermarket 62 identification number, or owner-applied number has been removed, 63 altered, or defaced; or 64 4. Detached catalytic converter without proof of ownership, 65 unless the person is a registered secondary metals recycler, a 66 salvage motor vehicle dealer, or meets the criteria for 67 exemption provided in s. 538.22. 68 (b) A person who violates paragraph (a) commits a felony of 69 the third degree, punishable as provided in s. 775.082, s. 70 775.083, or s. 775.084. 71 (c) Proof that a person was in possession of two or more 72 detached catalytic converters, unless satisfactorily explained, 73 gives rise to an inference that the person in possession of the 74 catalytic converters knew or should have known that the 75 catalytic converters may have been stolen or fraudulently 76 obtained. 77 Section 2. Section 860.147, Florida Statutes, is created to 78 read: 79 860.147 Import, sale, or installation of counterfeit, fake, 80 or nonfunctional catalytic converters.— 81 (1) As used in this section, the term: 82 (a) “Catalytic converter” has the same meaning as provided 83 in s. 860.142(2)(a). 84 (b) “Counterfeit catalytic converter” means a catalytic 85 converter displaying a mark identical or similar to the genuine 86 mark of a catalytic converter manufacturer or motor vehicle 87 manufacturer without authorization from such manufacturer. 88 (c) “Fake catalytic converter” means an item, other than a 89 catalytic converter designed in accordance with United States 90 Environmental Protection Agency regulations for a given make, 91 model, and year of motor vehicle as part of a motor vehicle 92 emission control system, including a counterfeit or 93 nonfunctional catalytic converter, which is used to replace a 94 legitimate catalytic converter. 95 (d) “Nonfunctional catalytic converter” means a replacement 96 catalytic converter that: 97 1. Was previously recalled or damaged; or 98 2. Includes a part or object, including, but not limited 99 to, a counterfeit or repaired catalytic converter, installed in 100 a motor vehicle to mislead the owner or operator of such motor 101 vehicle to believe that a functional catalytic converter has 102 been installed. 103 (2) A person may not knowingly import, manufacture, 104 purchase for the purpose of reselling or installing, sell, offer 105 for sale, or install or reinstall in a motor vehicle a 106 counterfeit, fake, or nonfunctional catalytic converter. A 107 person who violates this subsection commits a felony of the 108 second degree, punishable as provided in s. 775.082, s. 775.083, 109 or s. 775.084. 110 Section 3. Subsection (6) is added to section 538.26, 111 Florida Statutes, to read: 112 538.26 Certain acts and practices prohibited.—It is 113 unlawful for a secondary metals recycler to do or allow any of 114 the following acts: 115 (6) Process or remove from the place of business of a 116 secondary metals recycler a detached catalytic converter the 117 secondary metals recycler has purchased for a period of 10 118 business days after the date of purchase. This subsection does 119 not apply to the purchase of a detached catalytic converter from 120 another secondary metals recycler, a salvage motor vehicle 121 dealer as defined in s. 320.27(1)(c)5., or a person or an entity 122 specified in s. 538.22. 123 Section 4. This act shall take effect July 1, 2023.