HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 185 Catalytic Converters
SPONSOR(S): Criminal Justice Subcommittee, Hawkins
TIED BILLS: IDEN./SIM. BILLS: SB 306
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 17 Y, 1 N, As CS Padgett Hall
2) Justice Appropriations Subcommittee 14 Y, 1 N Saag Keith
3) Judiciary Committee 20 Y, 0 N Padgett Kramer
SUMMARY ANALYSIS
A catalytic converter is a component of a vehicle’s emissions control system that, through a chemical reaction,
turns harmful pollutants contained in engine exhaust into compounds that are less toxic to the environment. To
achieve this chemical reaction, a catalytic converter passes a vehicle’s exhaust through a structure coated with
various precious metals, such as palladium and platinum. The scrap value of the precious metals in a catalytic
converter, coupled with the catalytic converter being mounted on the exterior of a vehicle and thus easily
accessible, have made catalytic converters an attractive target for thieves, who receive approximately $50 to
$250 for each catalytic converter that is sold to a scrap metal recycling facility. The National Insurance Crime
Bureau reports that catalytic converter theft has increased 1,215 percent over the past three years.
CS/HB 185 creates s. 860.142, F.S., the Catalytic Converter Antitheft Act, which:
Prohibits a person from knowingly purchasing a detached catalytic converter unless he or she is a
registered secondary metals recycler.
Requires a registered secondary metals recycler that purchases a detached catalytic converter to keep
specified records and provides penalties for noncompliance.
Prohibits a person from knowingly possessing, purchasing, selling, or installing a:
o Stolen catalytic converter;
o Catalytic converter that has been removed from a stolen motor vehicle;
o Catalytic converter with a removed, altered, or defaced identification number; or
o Detached catalytic converter without proof of ownership, unless the person meets an exemption.
Provides an inference that a person who is in possession of two or more detached catalytic converters,
unless satisfactorily explained, knows or should have known that the catalytic converters may have
been stolen or fraudulently obtained.
The bill creates s. 860.147, F.S., which prohibits a person from knowingly importing, manufacturing,
purchasing for the purpose of reselling or installing, selling, offering for sale, or installing or reinstalling in a
motor vehicle a counterfeit, fake, or nonfunctional catalytic converter.
The bill amends s. 538.26, F.S., to prohibit a secondary metals recycler from processing or removing from its
place of business a detached catalytic converter purchased by the secondary metals recycler within 10
business days after the date of purchase, unless the person selling the catalytic converter meets an
exemption.
The bill may have a positive indeterminate impact on prison beds by creating additional criminal penalties for
possessing a stolen catalytic converter; possessing a catalytic converter with an altered identification number;
purchasing a detached catalytic converter; or selling or installing a counterfeit, fake, or nonfunctional catalytic
converter.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0185e.JDC
DATE: 3/23/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Catalytic Converter Theft
A catalytic converter is a component of a vehicle’s emissions control system that, through a chemical
reaction, turns harmful pollutants contained in engine exhaust into compounds that are less toxic to the
environment.1 To achieve this chemical reaction, a catalytic converter passes a vehicle’s exhaust
through a structure coated with various precious metals, such as palladium and platinum.2 The scrap
value of the precious metals in a catalytic converter, coupled with the catalytic converter being mounted
on the exterior of a vehicle and thus easily accessible, have made catalytic converters an attractive
target for thieves, who receive approximately $50 to $250 for each catalytic converter that is sold to a
scrap metal recycling facility.3 The National Insurance Crime Bureau reports that catalytic converter
theft has increased 1,215 percent over the past three years. 4
Under current law, theft of a catalytic converter could be prosecuted as a burglary of a conveyance
under s. 810.02(4), F.S., a third degree felony,5 or under the general theft statute, s. 812.014, F.S.,
which may be a misdemeanor or felony depending upon the value of the catalytic converter. If a person
sells a catalytic converter that he or she knows or should know was stolen, the person commits the
crime of dealing in stolen property, punishable as a second degree felony. 6
Secondary Metals Recyclers
A secondary metals recycler is any person who:
Is engaged, from a fixed location, in the business of purchase transactions or gathering or
obtaining ferrous or nonferrous metals that have served their original economic purpose or is in
the business of performing the manufacturing process by which ferrous metals or nonferrous
metals are converted into raw material products consisting of prepared grades and having an
existing or potential economic value; or
Has facilities for performing the manufacturing process by which ferrous metals or nonferrous
metals are converted into raw material products consisting of prepared grades and having an
existing or potential economic value, other than by the exclusive use of hand tools, by methods
including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping,
shredding, shearing, or changing the physical form or chemical content thereof.7
A secondary metals recycler is required to maintain a record of all purchase transactions on a form
approved by the Florida Department of Law Enforcement (FDLE) that includes the following
information:
The name and address of the secondary metals recycler.
The name, initials, or other identification of the individual entering the information on the form.
The date and time of the transaction.
1 J.D. Power, What’s a Catalytic Converter and Why Do People Steal Them?, https://www.jdpower.com/cars/shopping-guides/whats-a-
catalytic-converter-and-why-do-people-steal-them (last visited Mar. 23, 2023).
2 NPR, How to protect your car from catalytic converter theft, and what to do if it happens, https://www.npr.org/2022/
11/04/1134102575/protect-car-catalytic-converter-theft (last visited Mar. 23, 2023).
3 Id.
4 National Insurance Crime Bureau, As Catalytic Converter Thefts Continue To Increase Nationwide, NICB Partners With Local
Businesses To Help Protect Consumers, https://www.nicb.org/news/news-releases/catalytic-converter-thefts-continue-increase-
nationwide-nicb-partners-local-0 (last visited Mar. 23, 2023).
5 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082 and 775.083, F.S.
6 A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082 and 775.083, F.S.
7 S. 538.18(11), F.S.
STORAGE NAME: h0185e.JDC PAGE: 2
DATE: 3/23/2023
The weight, quantity, or volume, and a description of the type of regulated metals property8
purchased in a purchase transaction.
The amount of consideration given in a purchase transaction for the regulated metals property.
A signed statement from the person delivering the regulated metals property stating that he or
she is the rightful owner of, or is entitled to sell, the regulated metals property being sold.
The distinctive number from the personal identification card of the person delivering the
regulated metals property to the secondary metals recycler.
A description of the person from whom the regulated metals property was acquired, including:
o Full name, current residential address, workplace, and home and work phone numbers.
o Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying
marks.
o The right thumbprint, free of smudges and smears.
o Vehicle description to include the make, model, and tag number of the vehicle and trailer
of the person selling the regulated metals property.
o Any other information required by the form approved by the FDLE.
A photograph, videotape, or digital image of the regulated metals being sold.
A photograph, videotape, or similar likeness of the person receiving consideration in which such
person's facial features are clearly visible.9
Because of a catalytic converter’s significant scrap value and frequency of theft, a catalytic converter is
included in the list of restricted regulated metals property in s. 538.26(5)(b), F.S. A secondary metals
recycler may not purchase any such restricted regulated metals property unless the secondary metals
recycler obtains reasonable proof that the seller:
Owns such property; or
Is an employee, agent, or contractor of the property’s owner who is authorized to sell the
property on behalf of the owner.10
A secondary metals recycler must maintain purchase transaction records for at least three years from
the date of the purchase transaction.11 A secondary metals recycler who knowingly and intentionally
fails to keep and maintain such required information commits a third degree felony for a first or second
violation, and a second degree felony for a third or subsequent violation. 12
A person who knowingly provides false verification of ownership or who provides a false or altered
identification in a transaction with a secondary metals recycler commits a third degree felony if the
person receives consideration less than $300, and a second degree felony if the person receives
consideration of $300 or more.13
Effect of Proposed Changes
CS/HB 185 creates s. 860.142, F.S., the Catalytic Converter Antitheft Act. The bill defines a “catalytic
converter” as 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.
Secondary Metals Recyclers
The bill prohibits a person from knowingly purchasing a detached catalytic converter unless he or she is
8 “Regulated metals property” means any item composed primarily of any nonferrous metals. The term does not include aluminum
beverage containers, used beverage containers, or similar beverage containers; however, the term includes stainless steel bee r kegs
and items made of ferrous metal obtained from any restricted regulated metals property. S. 538.18(9), F.S.
9 S. 538.19(1), F.S.
10 S. 538.26(5), F.S.
11 S. 538.19(4), F.S.
12 S. 538.23(1)(b), F.S.
13 S. 538.23(3), F.S.
STORAGE NAME: h0185e.JDC PAGE: 3
DATE: 3/23/2023
a registered secondary metals recycler and requires a registered secondary metals recycler to comply
with the existing recordkeeping and purchase requirements in ss. 538.19 and 538.26(5), F.S., when
purchasing a detached catalytic converter. A registered secondary metals recycler who knowingly and
intentionally fails to keep and maintain such required information commits a third degree felony for a
first or second violation, and a second degree felony for a third or subsequent violation, which is
consistent with current law.
The bill amends s. 538.26, F.S., to prohibit a secondary metals recycler from processing or removing
from its place of business a detached catalytic converter purchased by the secondary metals recycler
within 10 business days after the date of purchase. This restriction does not apply to a detached
catalytic converter that was purchased from another secondary metals recycler, a salvage motor
vehicle dealer as defined in s. 320.27(1)(c)5., F.S., or a person or entity who meets the criteria for an
exemption from the regulation related to the sale of metals to a secondary metals recycler as provided
in s. 538.22, F.S. 14
The bill defines a “detached catalytic converter” as a catalytic converter that has been removed from a
motor vehicle.
Catalytic Converter Theft
The bill prohibits a person from knowingly possessing, purchasing, selling, or installing a:
Stolen catalytic converter;
Catalytic converter that has been removed from a stolen motor vehicle;
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
Detached catalytic converter without proof of ownership, unless the person is a registered
secondary metals recycler, a salvage motor vehicle dealer as defined in s. 320.27(1)(c)5., F.S.,
or a person who meets the criteria for an exemption from the regulations related to the sale of
metals to a secondary metals recycler as provided in s. 538.22, F.S.
A person who violates any of these provisions commits a third degree felony.
Under the bill, 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.
Counterfeit, Fake, or Nonfunctional Catalytic Converters
The bill creates s. 860.147, F.S., to prohibit a person from knowingly importing, manufacturing,
purchasing for the purpose of reselling or installing, selling, offering for sale, or installing or reinstalling
14
The regulations applicable to a secondary metals recycler in ch. 538, F.S., do not apply to purchases made from:
Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, ci vic,
patriotic, social, or school-sponsored organizations or associations, or from any nonprofit corporation or association;
A law enforcement officer acting in an official capacity;
A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metal s
recycler;
Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals
recycler;
A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary
metals recycler; or
A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business .
S. 538.22, F.S.
STORAGE NAME: h0185e.JDC PAGE: 4
DATE: 3/23/2023
in a motor vehicle a counterfeit, fake, or nonfunctional catalytic converter, a violation of which is
punishable as a second degree felony.
The bill defines a "counterfeit catalytic converter" as a catalytic converter displaying a mark identical or
similar to the genuine mark of a catalytic converter manufacturer or motor vehicle manufacturer without
authorization from such manufacturer.
The bill defines a "fake catalytic converter" as an item, other than a catalytic converter designed in
accordance with United States Environmental Protection Agency regulations for a given make, model,
and year of motor vehicle as part of a motor vehicle emission control system, including a counterfeit or
nonfunctional catalytic converter, which is used to replace a legitimate catalytic converter.
The bill defines a "nonfunctional catalytic converter" as a replacement catalytic converter that:
Was previously recalled or damaged; or
Includes a part or object, including, but not limited to, a counterfeit or repaired catalytic
converter, installed in a motor vehicle to mislead the owner or operator of such motor vehicle to
believe that a functional catalytic converter has been installed.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Creates s. 860.142, F.S., relating to the Catalytic Converter Antitheft Act.
Section 2: Creates s. 860.147, F.S., relating to import, sale, or installation of counterfeit, fake, or