| 1 | A bill to be entitled |
| 2 | An act relating to dealing in stolen property; amending s. |
| 3 | 812.022, F.S.; creating an inference that certain persons |
| 4 | accepting used property knew or should have known that the |
| 5 | property was stolen if the property conspicuously displays |
| 6 | specified information; specifying actions such persons may |
| 7 | take to avoid the inference; providing exceptions |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (2) of section 812.022, Florida |
| 13 | Statutes, is amended, and subsection (5) is added to said |
| 14 | section, to read: |
| 15 | 812.022 Evidence of theft or dealing in stolen property.-- |
| 16 | (2) Except as provided in subsection (5), proof of |
| 17 | possession of property recently stolen, unless satisfactorily |
| 18 | explained, gives rise to an inference that the person in |
| 19 | possession of the property knew or should have known that the |
| 20 | property had been stolen. |
| 21 | (5) Proof that a dealer who regularly deals in used |
| 22 | property possesses stolen property upon which a name and phone |
| 23 | number of a person other than the offeror of the property are |
| 24 | conspicuously displayed gives rise to an inference that the |
| 25 | dealer possessing the property knew or should have known that |
| 26 | the property was stolen. |
| 27 | (a) If the name and phone number are for a business that |
| 28 | rents property, the dealer avoids the inference by contacting |
| 29 | such business, prior to accepting the property, to verify that |
| 30 | the property was not stolen from such business. If the name and |
| 31 | phone number are not for a business that rents property, the |
| 32 | dealer avoids the inference by contacting the local law |
| 33 | enforcement agency in the jurisdiction where the dealer is |
| 34 | located, prior to accepting the property, to verify that the |
| 35 | property has not been reported stolen. An accurate written |
| 36 | record, which contains the number called, the date and time of |
| 37 | such call, and the name and place of employment of the person |
| 38 | who verified that the property was not stolen, is sufficient |
| 39 | evidence to avoid the inference pursuant to this subsection. |
| 40 | (b) This subsection does not apply to: |
| 41 | 1. Nonprofit, tax-exempt organizations that accept |
| 42 | donations and do not purchase used property. |
| 43 | 2. Used sports equipment that does not contain a serial |
| 44 | number, printed or recorded materials, computer software, or |
| 45 | videos or video games. |
| 46 | 3. A dealer who implements, in a continuous and consistent |
| 47 | manner, a program for identification and return of stolen |
| 48 | property that meets the following criteria: |
| 49 | a. When a dealer is offered property for pawn or purchase |
| 50 | that contains conspicuous identifying information that includes |
| 51 | a name and phone number, or a dealer is offered property for |
| 52 | pawn or purchase that contains ownership information that is |
| 53 | affixed to the property pursuant to a written agreement with a |
| 54 | business entity or group of associated business entities, the |
| 55 | dealer will promptly contact the individual or company whose |
| 56 | name is affixed to the property by phone to confirm that the |
| 57 | property has not been stolen. If the individual or business |
| 58 | contacted indicates that the property has been stolen, the |
| 59 | dealer shall not accept the property. |
| 60 | b. If the dealer is unable to verify whether the property |
| 61 | is stolen from the individual or business, and if the dealer |
| 62 | accepts the property that is later determined to have been |
| 63 | stolen,, the dealer will voluntarily return the property at no |
| 64 | cost and without the necessity of a replevin action, if the |
| 65 | property owner files the appropriate theft reports with law |
| 66 | enforcement and enters into an agreement with the dealer to |
| 67 | actively participate in the prosecution of the person or persons |
| 68 | who perpetrated the crime. |
| 69 | c. If a dealer is required by law to complete and submit a |
| 70 | transaction form to law enforcement, the dealer shall include |
| 71 | all conspicuously displayed ownership information on the |
| 72 | transaction form. |
| 73 | Section 2. This act shall take effect July 1, 2004. |