Senate Bill sb1380

    Florida Senate - 2004                                  SB 1380

    By Senator Argenziano





    3-784A-04

  1                      A bill to be entitled

  2         An act relating to dealing in stolen property;

  3         amending s. 812.022, F.S.; creating an

  4         inference that a person accepting used property

  5         knew or should have known that the property is

  6         stolen if the property contains conspicuous

  7         ownership information identifying the owner;

  8         providing that the inference does not arise if

  9         the dealer confirms that the property is not

10         stolen property; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (5) is added to section 812.022,

15  Florida Statutes, to read:

16         812.022  Evidence of theft or dealing in stolen

17  property.--

18         (5)  Proof of possession of stolen property by a dealer

19  who regularly deals in used property gives rise to the

20  inference that the person accepting the property knew or

21  should have known that the property was stolen, if the

22  property contains conspicuous ownership information

23  identifying the name and phone number of an owner. The

24  inference does not arise if the dealer contacts the owner

25  identified on the used property or the appropriate local law

26  enforcement agency prior to accepting the property from the

27  offeror and confirms that the property has not been stolen. An

28  accurate written record maintained by the dealer containing

29  the date, time, number called, and the name of the person who

30  confirmed that the property was not stolen is sufficient

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    Florida Senate - 2004                                  SB 1380
    3-784A-04




 1  documentation for a dealer to avoid the inference created by

 2  this subsection.

 3         Section 2.  This act shall take effect July 1, 2004.

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 6                          SENATE SUMMARY

 7    Creates an inference that used property is stolen if the
      property contains conspicuous ownership information
 8    identifying the owner. Provides an exception.

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CODING: Words stricken are deletions; words underlined are additions.