Senate Bill sb1380c2

    Florida Senate - 2004                    CS for CS for SB 1380

    By the Committees on Judiciary; Criminal Justice; and Senator
    Argenziano




    308-2509-04

  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 exceptions to

14         the application of the act; providing an

15         effective date.

16  

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

18  

19         Section 1.  Subsection (2) of section 812.022, Florida

20  Statutes, is amended, and subsection (5) is added to that

21  section, to read:

22         812.022  Evidence of theft or dealing in stolen

23  property.--

24         (2)  Except as provided in subsection (5), proof of

25  possession of property recently stolen, unless satisfactorily

26  explained, gives rise to an inference that the person in

27  possession of the property knew or should have known that the

28  property had been stolen.

29         (5)  Proof that a dealer who regularly deals in used

30  property possesses stolen property upon which a name and phone

31  number of a person other than the offeror of the property are

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






    Florida Senate - 2004                    CS for CS for SB 1380
    308-2509-04




 1  conspicuously displayed gives rise to an inference that the

 2  dealer possessing the property knew or should have known that

 3  the property was stolen.

 4         (a)  If the name and phone number are for a business

 5  that rents property, the dealer may avoid the inference by

 6  contacting the business, before accepting the property, to

 7  verify that the property was not stolen from the business. If

 8  the name and phone number are not for a business that rents

 9  property, the dealer may avoid the inference by contacting the

10  local law enforcement agency where the dealer is located,

11  before accepting the property, to verify that the property has

12  not been reported stolen. An accurate written record that

13  contains the date, time, number called, and name and place of

14  employment of the person who verified that the property was

15  not stolen is sufficient evidence to avoid the inference under

16  this subsection.

17         (b)  This subsection does not apply to:

18         1.  Nonprofit, tax-exempt organizations that accept

19  donations and do not purchase used property.

20         2.  Printed or recorded materials, computer software,

21  videos and video games, or used sports equipment that does not

22  contain a serial number.

23         3.  A dealer that implements, in a continuous and

24  consistent manner, a program for identification and return of

25  stolen property which meets the following criteria:

26         a.  When a dealer is offered property for pawn or

27  purchase which contains conspicuous identifying information

28  that includes a name and phone number, or a dealer is offered

29  property for pawn or purchase which contains ownership

30  information that is affixed to the property under a written

31  agreement with a business entity or group of associated

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






    Florida Senate - 2004                    CS for CS for SB 1380
    308-2509-04




 1  business entities, the dealer must promptly contact by phone

 2  the individual or company whose name is affixed to the

 3  property to confirm that the property has not been stolen.

 4         b.  If the individual or company contacted indicates

 5  that the property has been stolen, the dealer must voluntarily

 6  return the property at no cost and without the necessity of a

 7  replevin action, if the property owner files the appropriate

 8  theft reports with a law enforcement agency and enters into an

 9  agreement with the dealer to actively participate in the

10  prosecution of the person or persons who perpetrated the

11  crime.

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

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                       CS Senate Bill 1380

16                                 

17  
    Clarifies that a dealer in used property avoids an inference
18       by contacting the local enforcement agency in any
         instances where the business is not a rental business.
19  
    Creates exemptions for the following:
20  
    -    Non-profit, tax-exempt organizations that accept
21       donations and do not purchase used property;

22  -    Printed or recorded materials, computer software, videos
         and video games, or used sports equipment that does not
23       contain a serial number; or,

24  -    A dealer that implements, continuously and consistently,
         an identification and return program that incorporates
25       specified criteria.

26  

27  

28  

29  

30  

31  

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