Senate Bill sb1380c1
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Florida Senate - 2004 CS for SB 1380
By the Committee on Criminal Justice; and Senator Argenziano
307-2049-04
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 dealer in used property knew
5 or should have known that he or she possessed
6 stolen property if it is proved that the dealer
7 possessed stolen property upon which a name and
8 phone number are conspicuously displayed;
9 providing that the dealer avoids the inference
10 by meeting specified requirements for verifying
11 that the property was not stolen; specifying
12 records that constitute sufficient evidence to
13 avoid the inference; providing an effective
14 date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Subsection (2) of section 812.022, Florida
19 Statutes, is amended, and subsection (5) is added to that
20 section, to read:
21 812.022 Evidence of theft or dealing in stolen
22 property.--
23 (2) Except as provided in subsection (5), proof of
24 possession of property recently stolen, unless satisfactorily
25 explained, gives rise to an inference that the person in
26 possession of the property knew or should have known that the
27 property had been stolen.
28 (5) Proof that a dealer who regularly deals in used
29 property possesses stolen property upon which a name and phone
30 number of a person other than the offeror of the property are
31 conspicuously displayed gives rise to an inference that the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1380
307-2049-04
1 dealer possessing the property knew or should have known that
2 the property was stolen. If the name and phone number are for
3 a business that rents property, the dealer avoids the
4 inference by contacting such business, prior to accepting the
5 property, to verify that such business owns the property and
6 that the property was not stolen from such business. If such
7 business does not own the property, or the name and phone
8 number on the property are for a person other than such
9 business, the dealer avoids the inference by contacting the
10 local law enforcement agency where the dealer is located,
11 prior to accepting the property, to verify that the property
12 has not been reported stolen. An accurate written record,
13 which contains the date, time, number called, and name and
14 place of employment of the person who verified that the
15 property was not stolen, is sufficient evidence to avoid the
16 inference.
17 Section 2. This act shall take effect July 1, 2004.
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Florida Senate - 2004 CS for SB 1380
307-2049-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1380
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4 - Provides that proof that a dealer who regularly deals in
used property possesses stolen property upon which a name
5 and phone number of a person other than the offeror of
the property are conspicuously displayed gives rise to
6 the inference that the dealer possessing the property
knew or should have known that the property was stolen.
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- Provides that if the name and phone number are for a
8 business that rents property, the dealer avoids the
inference by contacting the rental business, prior to
9 accepting the property, to verify that the business owns
the property and the property was not stolen from that
10 business.
11 - Provides that if the rental business does not own the
property, or the name and phone number on the property
12 are for a person other than the rental business, the
dealer avoids the inference by contacting the local law
13 enforcement agency where the dealer is located, prior to
accepting the property, to verify that the property has
14 not been reported stolen.
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