2023 Legislature                            CS for CS for SB 306
    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.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 860.142, Florida Statutes, is created to
   29  read:
   30         860.142Catalytic 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         860.147Import, 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.