September 19, 2020
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Senate Bill 1380

Senate Bill sb1380c1

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

                                  1

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






    Florida Senate - 2004                           CS for SB 1380
    307-2049-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1380

 3                                 

 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.
 7  
    -    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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CODING: Words stricken are deletions; words underlined are additions.

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