Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 776
       
       
       
       
       
       
                                Ì6034488Î603448                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2017           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Baxley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 812.14, Florida Statutes, is amended to
    6  read:
    7         812.14 Trespass and larceny with relation to utility
    8  fixtures; theft of utility services.—
    9         (1) As used in this section, “utility” includes any person,
   10  firm, corporation, association, or political subdivision,
   11  whether private, municipal, county, or cooperative, which is
   12  engaged in the sale, generation, provision, or delivery of gas,
   13  electricity, heat, water, oil, sewer service, telephone service,
   14  telegraph service, radio service, or telecommunication service.
   15         (2) A person may not It is unlawful to:
   16         (a) Willfully alter, tamper with, damage injure, or
   17  knowingly allow damage to a suffer to be injured any meter,
   18  meter seal, pipe, conduit, wire, line, cable, transformer,
   19  amplifier, or other apparatus or device belonging to a utility
   20  line service in such a manner as to cause loss or damage or to
   21  prevent any meter installed for registering electricity, gas, or
   22  water from registering the quantity which otherwise would pass
   23  through the same; to
   24         (b) Alter the index or break the seal of any such meter; in
   25  any way to
   26         (c) Hinder or interfere in any way with the proper action
   27  or accurate just registration of any such meter or device; or
   28         (d) Knowingly to use, waste, or allow suffer the waste of,
   29  by any means, of electricity, or gas, or water passing through
   30  any such meter, wire, pipe, or fitting, or other appliance or
   31  appurtenance connected with or belonging to any such utility,
   32  after the such meter, wire, pipe, or fitting, or other appliance
   33  or appurtenance has been tampered with, injured, or altered;.
   34         (e)(b)Connect Make or cause a to be made any connection
   35  with a any wire, main, service pipe or other pipes, appliance,
   36  or appurtenance in a such manner that uses as to use, without
   37  the consent of the utility, any service or any electricity, gas,
   38  or water;, or to
   39         (f) Cause a utility, without its consent, to supply any to
   40  be supplied any service or electricity, gas, or water from a
   41  utility to any person, firm, or corporation or any lamp, burner,
   42  orifice, faucet, or other outlet whatsoever, without reporting
   43  the such service being reported for payment; or
   44         (g) Cause, without the consent of a utility, such
   45  electricity, gas, or water to bypass passing through a meter
   46  provided by the utility; or and used for measuring and
   47  registering the quantity of electricity, gas, or water passing
   48  through the same.
   49         (h)(c) Use or receive the direct benefit from the use of a
   50  utility knowing, or under such circumstances that as would
   51  induce a reasonable person to believe, that the such direct
   52  benefits have resulted from any tampering with, altering of, or
   53  injury to any connection, wire, conductor, meter, pipe, conduit,
   54  line, cable, transformer, amplifier, or other apparatus or
   55  device owned, operated, or controlled by such utility, for the
   56  purpose of avoiding payment.
   57         (3) The presence on the property of and in the actual
   58  possession by of a person of any device or alteration that
   59  prevents affects the diversion or use of the services of a
   60  utility so as to avoid the registration of the such use of
   61  services by or on a meter installed by the utility or that
   62  avoids so as to otherwise avoid the reporting of the use of
   63  services such service for payment is prima facie evidence of the
   64  violation of subsection (2) this section by such person.;
   65  However, this presumption does not apply unless:
   66         (a) The presence of the such a device or alteration can be
   67  attributed only to a deliberate act in furtherance of an intent
   68  to avoid payment for utility services;
   69         (b) The person charged has received the direct benefit of
   70  the reduction of the cost of the such utility services; and
   71         (c) The customer or recipient of the utility services has
   72  received the direct benefit of the such utility service for at
   73  least one full billing cycle.
   74         (4) A person who willfully violates subsection (2)
   75  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) commits
   76  theft, punishable as provided in s. 812.014.
   77         (5) It is unlawful for A person or entity that owns,
   78  leases, or subleases a property may not to permit a tenant or
   79  occupant to use utility services knowing, or under such
   80  circumstances as would induce a reasonable person to believe,
   81  that such utility services have been connected in violation of
   82  subsection (2) paragraph (2)(a), paragraph (2)(b), or paragraph
   83  (2)(c).
   84         (6) It is prima facie evidence that an owner, lessor, or
   85  sublessor intended It is prima facie evidence of a person’s
   86  intent to violate subsection (5) if:
   87         (a) A controlled substance and materials for manufacturing
   88  the controlled substance intended for sale or distribution to
   89  another were found in a dwelling or structure;
   90         (b) The dwelling or structure was has been visibly modified
   91  to accommodate the use of equipment to grow cannabis marijuana
   92  indoors, including, but not limited to, the installation of
   93  equipment to provide additional air conditioning, equipment to
   94  provide high-wattage lighting, or equipment for hydroponic
   95  cultivation; and
   96         (c) The person or entity that owned, leased, or subleased
   97  the dwelling or structure knew of, or did so under such
   98  circumstances as would induce a reasonable person to believe in,
   99  the presence of a controlled substance and materials for
  100  manufacturing a controlled substance in the dwelling or
  101  structure, regardless of whether the person or entity was
  102  involved in the manufacture or sale of a controlled substance or
  103  was in actual possession of the dwelling or structure.
  104         (7) An owner, lessor, or sublessor A person who willfully
  105  violates subsection (5) commits a misdemeanor of the first
  106  degree, punishable as provided in s. 775.082 or s. 775.083.
  107  Prosecution for a violation of subsection (5) does not preclude
  108  prosecution for theft pursuant to subsection (8) or s. 812.014.
  109         (8) Theft of utility services for the purpose of
  110  facilitating the manufacture of a controlled substance is theft,
  111  punishable as provided in s. 812.014.
  112         (9) It is prima facie evidence of a person’s intent to
  113  violate subsection (8) if:
  114         (a) The person committed theft of utility services
  115  resulting in a dwelling, as defined in s. 810.011, or a
  116  structure, as defined in s. 810.011, receiving unauthorized
  117  access to utility services;
  118         (b) A controlled substance and materials for manufacturing
  119  the controlled substance were found in the dwelling or
  120  structure; and
  121         (c) The person knew or should have known of the presence of
  122  the controlled substance and materials for manufacturing the
  123  controlled substance in the dwelling or structure, regardless of
  124  whether the person was involved in the manufacture of the
  125  controlled substance.
  126         (10) Whoever is found in a civil action to have violated
  127  this section is liable to the utility involved in an amount
  128  equal to 3 times the amount of services unlawfully obtained or
  129  $3,000, whichever is greater.
  130         (11)(a) For purposes of determining a defendant’s liability
  131  for civil damages under subsection (10) or criminal restitution
  132  for the theft of electricity, the amount of civil damages or a
  133  restitution order must include all of the following amounts:
  134         1.The costs to repair or replace damaged property owned by
  135  a utility, including reasonable labor costs.
  136         2. Reasonable costs for the use of specialized equipment to
  137  investigate or calculate the amount of unlawfully obtained
  138  electricity services, including reasonable labor costs.
  139         3. The amount of unlawfully obtained electricity services.
  140         (b) A prima facie showing of the amount of unlawfully
  141  obtained electricity services may be based on any methodology
  142  reasonably relied upon by a utility to estimate such loss. The
  143  methodology may consider the estimated start date of the theft
  144  and the estimated daily or hourly use of electricity. Once a
  145  prima facie showing has been made, the burden shifts to the
  146  defendant to demonstrate that the loss is other than that
  147  claimed by the utility.
  148         1. The estimated start date of a theft may be based upon
  149  one or more of the following:
  150         a. The date of an overload notification from a transformer,
  151  or the tripping of a transformer, which the utility reasonably
  152  believes was overloaded as a result of the theft of electricity.
  153         b. The date the utility verified a substantive difference
  154  between the amount of electricity used at a property and the
  155  amount billed to the account holder.
  156         c. The date the utility or a law enforcement officer
  157  located a tap or other device bypassing a meter.
  158         d. The date the utility or a law enforcement officer
  159  observed or verified meter tampering.
  160         e. The maturity of a cannabis crop found in a dwelling or
  161  structure using unlawfully obtained electricity services the
  162  utility or a law enforcement officer reasonably believes to have
  163  been grown in the dwelling or structure.
  164         f. The date the utility or a law enforcement agency
  165  received a report of suspicious activity potentially indicating
  166  the presence of the unlawful cultivation of cannabis in a
  167  dwelling or structure or the date a law enforcement officer or
  168  an employee or contractor of a utility observed such suspicious
  169  activity.
  170         g. The date when a utility observed a significant change in
  171  metered energy usage.
  172         h. The date when an account with the utility was opened for
  173  a property that receives both metered and unlawfully obtained
  174  electricity services.
  175         i. Any other fact or data reasonably relied upon by the
  176  utility to estimate the start date of a theft of electricity.
  177         2. The estimated average daily or hourly use of the
  178  electricity may be based upon any, or a combination, of the
  179  following:
  180         a. The load imposed by the fixtures, appliances, or
  181  equipment powered by unlawfully obtained electricity services.
  182         b. Recordings by the utility of the amount of electricity
  183  used by a property or the difference between the amount used and
  184  the amount billed.
  185         c. A comparison of the amount of electricity historically
  186  used by the property and the amount billed while the property
  187  was using unlawfully obtained electricity.
  188         d. A reasonable analysis of a meter that was altered or
  189  tampered with to prevent the creation of an accurate record of
  190  the amount of electricity obtained.
  191         e. Any other fact or data reasonably relied upon by
  192  utilities to estimate the amount of unlawfully obtained
  193  electricity services.
  194         (12) A court order requiring a defendant to pay restitution
  195  for damages to the property of a utility or for the theft of
  196  electricity need only be based on a conviction for a criminal
  197  offense that is causally connected to the damages or losses and
  198  bears a significant relationship to those damages or losses. A
  199  conviction for a violation of this section is not a prerequisite
  200  for a restitution order. Criminal offenses that bear a
  201  significant relationship and are causally connected to a
  202  violation of this section include, but are not limited to,
  203  offenses relating to the unlawful cultivation of cannabis in a
  204  dwelling or structure if the theft of electricity was used to
  205  facilitate the growth of the cannabis.
  206         (13) The amount of restitution that a defendant may be
  207  ordered to pay is not limited by the monetary threshold of any
  208  criminal charge on which the restitution order is based.
  209         (14)(11) This section does not apply to licensed and
  210  certified electrical contractors while such persons are
  211  performing usual and ordinary service in accordance with
  212  recognized standards.
  213         Section 2. This act shall take effect October 1, 2017.
  214  
  215  ================= T I T L E  A M E N D M E N T ================
  216  And the title is amended as follows:
  217         Delete everything before the enacting clause
  218  and insert:
  219                        A bill to be entitled                      
  220         An act relating to the unlawful acquisition of utility
  221         services; amending s. 812.14, F.S.; revising the
  222         elements that constitute theft of utilities;
  223         clarifying that the presence of certain devices and
  224         alterations on the property of, and the actual
  225         possession by, a person constitutes prima facie
  226         evidence of a violation; clarifying that certain
  227         evidence of the manufacturing of a controlled
  228         substance in a leased dwelling constitutes prima facie
  229         evidence of a violation by an owner, lessor,
  230         sublessor; clarifying that specified circumstances
  231         create prima facie evidence of theft of utility
  232         services for the purpose of facilitating the
  233         manufacture of a controlled substance; revising such
  234         circumstances; specifying the types of damages that
  235         may be recovered as civil damages or restitution in a
  236         criminal case for damaging property of a utility or
  237         for the theft of electricity services; specifying the
  238         methods and bases used to determine and assess damages
  239         in a civil action or restitution in a criminal case
  240         for damaging property of a utility or for the theft of
  241         electricity services; providing an effective date.