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| 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 a person | ||
| 4 | accepting used property knew or should have known that the | ||
| 5 | property is stolen if the property contains conspicuous | ||
| 6 | ownership information identifying the owner; providing | ||
| 7 | that the inference does not arise if the dealer confirms | ||
| 8 | that the property is not stolen property; providing an | ||
| 9 | effective date. | ||
| 10 | |||
| 11 | Be It Enacted by the Legislature of the State of Florida: | ||
| 12 | |||
| 13 | Section 1. Subsection (5) is added to section 812.022, | ||
| 14 | Florida Statutes, to read: | ||
| 15 | 812.022 Evidence of theft or dealing in stolen property.-- | ||
| 16 | (5) Proof of possession of stolen property by a dealer who | ||
| 17 | regularly deals in used property gives rise to the inference | ||
| 18 | that the person accepting the property knew or should have known | ||
| 19 | that the property was stolen, if the property contains | ||
| 20 | conspicuous ownership information identifying the name and phone | ||
| 21 | number of an owner. The inference does not arise if the dealer | ||
| 22 | contacts the owner identified on the used property or the | ||
| 23 | appropriate local law enforcement agency prior to accepting the | ||
| 24 | property from the offeror and confirms that the property has not | ||
| 25 | been stolen. An accurate written record maintained by the dealer | ||
| 26 | containing the date, time, number called, and the name of the | ||
| 27 | person who confirmed that the property was not stolen is | ||
| 28 | sufficient documentation for a dealer to avoid the inference | ||
| 29 | created by this subsection. | ||
| 30 | Section 2. This act shall take effect July 1, 2004. | ||