Florida Senate - 2009                                     SB 236
       
       
       
       By Senator Dean
       
       
       
       
       3-00014C-09                                            2009236__
    1                        A bill to be entitled                      
    2         An act relating to unlawful use of utility services;
    3         amending s. 812.14, F.S.; providing a definition;
    4         prohibiting trespass and larceny in relation to
    5         utility fixtures for the purpose of manufacturing a
    6         controlled substance; providing for prima facie
    7         evidence of the intent to commit such offense;
    8         providing that trespass and larceny in relation to
    9         utility fixtures for the purpose of manufacturing a
   10         controlled substance is a third-degree felony;
   11         providing that prosecution for trespass and larceny in
   12         relation to utility fixtures does not preclude
   13         prosecution for theft of utility services; providing
   14         that theft of utility services for the purpose of
   15         manufacturing a controlled substance is a third-degree
   16         felony; providing that prosecution of theft of utility
   17         services for the purpose of manufacturing a controlled
   18         substance is in lieu of prosecution for theft pursuant
   19         to s. 812.014, F.S.; providing for prima facie
   20         evidence of intent to commit theft of utility services
   21         for the purpose of manufacturing a controlled
   22         substance; providing an effective date.
   23         
   24  Be It Enacted by the Legislature of the State of Florida:
   25         
   26         Section 1. Section 812.14, Florida Statutes, is amended to
   27  read:
   28         812.14 Trespass and larceny with relation to utility
   29  fixtures; theft of utility services.—
   30         (1) As used in this section, the term:
   31         (a)“Manufacture” has the same meaning as in s. 893.02.
   32         (b) “Utility” includes any person, firm, corporation,
   33  association, or political subdivision, whether private,
   34  municipal, county, or cooperative, which is engaged in the sale,
   35  generation, provision, or delivery of gas, electricity, heat,
   36  water, oil, sewer service, telephone service, telegraph service,
   37  radio service, or telecommunication service.
   38         (2) It is unlawful to:
   39         (a) Willfully alter, tamper with, injure, or knowingly
   40  suffer to be injured any meter, meter seal, pipe, conduit, wire,
   41  line, cable, transformer, amplifier, or other apparatus or
   42  device belonging to a utility line service in such a manner as
   43  to cause loss or damage or to prevent any meter installed for
   44  registering electricity, gas, or water from registering the
   45  quantity which otherwise would pass through the same; or to
   46  alter the index or break the seal of any such meter; or in any
   47  way to hinder or interfere with the proper action or just
   48  registration of any such meter or device; or knowingly to use,
   49  waste, or suffer the waste, by any means, of electricity or gas
   50  or water passing through any such meter, wire, pipe, or fitting,
   51  or other appliance or appurtenance connected with or belonging
   52  to any such utility, after such meter, wire, pipe or fitting, or
   53  other appliance or appurtenance has been tampered with, injured,
   54  or altered.
   55         (b) Make or cause to be made any connection with any wire,
   56  main, service pipe or other pipes, appliance, or appurtenance in
   57  such manner as to use, without the consent of the utility, any
   58  service or any electricity, gas, or water, or to cause to be
   59  supplied any service or electricity, gas, or water from a
   60  utility to any person, firm, or corporation or any lamp, burner,
   61  orifice, faucet, or other outlet whatsoever, without such
   62  service being reported for payment or such electricity, gas, or
   63  water passing through a meter provided by the utility and used
   64  for measuring and registering the quantity of electricity, gas,
   65  or water passing through the same.
   66         (c) Use or receive the direct benefit from the use of a
   67  utility knowing, or under such circumstances as would induce a
   68  reasonable person to believe, that such direct benefits have
   69  resulted from any tampering with, altering of, or injury to any
   70  connection, wire, conductor, meter, pipe, conduit, line, cable,
   71  transformer, amplifier, or other apparatus or device owned,
   72  operated, or controlled by such utility, for the purpose of
   73  avoiding payment.
   74         (d)Violate paragraph (a), paragraph (b), or paragraph (c)
   75  for the purpose of facilitating the manufacture of a controlled
   76  substance.
   77         (3) The presence on property in the actual possession of a
   78  person of any device or alteration that which affects the
   79  diversion or use of the services of a utility so as to avoid the
   80  registration of such use by or on a meter installed by the
   81  utility or so as to otherwise avoid the reporting of use of such
   82  service for payment is shall be prima facie evidence of the
   83  violation of this section by such person; however, this
   84  presumption does shall not apply unless:
   85         (a) The presence of such a device or alteration can be
   86  attributed only to a deliberate act in furtherance of an intent
   87  to avoid payment for utility services;
   88         (b) The person charged has received the direct benefit of
   89  the reduction of the cost of such utility services; and
   90         (c) The customer or recipient of the utility services has
   91  received the direct benefit of such utility service for at least
   92  one full billing cycle.
   93         (4)It is prima facie evidence of a person's intent to
   94  violate paragraph (2)(d) if:
   95         (a)The person violated paragraph (2)(a), paragraph (2)(b),
   96  or paragraph (2)(c), resulting in a structure, as defined in s.
   97  810.011, or a dwelling, as defined in s. 810.011, receiving
   98  unauthorized access to utility services;
   99         (b)A controlled substance and materials for manufacturing
  100  the controlled substance were found in the structure or
  101  dwelling; and
  102         (c)The person knew of the presence of the controlled
  103  substance and materials for manufacturing the controlled
  104  substance in the structure or dwelling, regardless of whether
  105  the person was involved in the manufacture of the controlled
  106  substance.
  107         (5)(4) Any person who willfully violates paragraph (2)(a),
  108  paragraph (2)(b), or paragraph (2)(c) commits this section shall
  109  be guilty of a misdemeanor of the first degree, punishable as
  110  provided in s. 775.082 or s. 775.083. Any person who willfully
  111  violates paragraph (2)(d) commits a felony of the third degree,
  112  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  113  Prosecution of a violation of subsection (2) does not preclude
  114  prosecution of theft under subsection (6) or s. 812.014.
  115         (6)Theft of utility services for the purpose of
  116  facilitating the manufacture of a controlled substance is a
  117  felony of the third degree, punishable as provided in s.
  118  775.082, s. 775.083, or s. 775.084. Prosecution pursuant this
  119  subsection is in lieu of prosecution for theft under s. 812.014.
  120         (7)It is prima facie evidence of a person's intent to
  121  violate subsection (6) if:
  122         (a)The person committed theft of utility services
  123  resulting in a structure, as defined in s. 810.011, or a
  124  dwelling, as defined in s. 810.011, receiving unauthorized
  125  access to utility services;
  126         (b)A controlled substance and materials for manufacturing
  127  the controlled substance were found in the structure or
  128  dwelling; and
  129         (c)The person knew of the presence of the controlled
  130  substance and materials for manufacturing the controlled
  131  substance in the structure or dwelling, regardless of whether
  132  the person was involved in the manufacture of the controlled
  133  substance.
  134         (8)(5) Whoever is found in a civil action to have violated
  135  the provisions of this section is hereof shall be liable to the
  136  utility involved in an amount equal to 3 times the amount of
  137  services unlawfully obtained or $1,000, whichever is greater.
  138         (9)(6)Nothing in This section does not act shall be
  139  construed to apply to licensed and certified electrical
  140  contractors while performing usual and ordinary service in
  141  accordance with recognized standards.
  142         Section 2. This act shall take effect July 1, 2009.