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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 860
OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES, VESSELS, AND RAILROADS
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F.S. 860.142
860.142 Catalytic Converter Antitheft Act.
(1) This section may be cited as the “Catalytic Converter Antitheft Act.”
(2) As used in this section, the term:
(a) “Catalytic converter” means an emission control device that is designed to be installed and operate in a motor vehicle to convert toxic gases and pollutants in the motor vehicle’s exhaust system into less toxic substances via chemical reaction.
(b) “Detached catalytic converter” means a catalytic converter that has been removed from a motor vehicle.
(c) “Registered secondary metals recycler” means a secondary metals recycler, as defined in s. 538.18, that is registered with the Department of Revenue as required in s. 538.25.
(d) “Salvage motor vehicle dealer” has the same meaning as provided in s. 320.27(1)(c)5.
(3)(a) A person may not knowingly purchase a detached catalytic converter unless he or she is a registered secondary metals recycler.
(b) A registered secondary metals recycler who purchases a detached catalytic converter must comply with the requirements in ss. 538.19 and 538.26(5).
(c) A registered secondary metals recycler who does not comply with the requirements of paragraph (b) is subject to the penalties in s. 538.23.
(4)(a) A person may not knowingly possess, purchase, sell, or install a:
1. Stolen catalytic converter;
2. Catalytic converter that has been removed from a stolen motor vehicle;
3. New or detached catalytic converter from which the manufacturer’s part identification number, aftermarket identification number, or owner-applied number has been removed, altered, or defaced; or
4. Detached catalytic converter without proof of ownership, unless the person is a registered secondary metals recycler, a salvage motor vehicle dealer, or meets the criteria for exemption provided in s. 538.22.
(b) A person who violates paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Proof that a person was in possession of two or more detached catalytic converters, unless satisfactorily explained, gives rise to an inference that the person in possession of the catalytic converters knew or should have known that the catalytic converters may have been stolen or fraudulently obtained.
History.s. 1, ch. 2023-114.