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





                                                   HOUSE AMENDMENT

    576-100AXC                                    Bill No. HB 1317

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Argenziano offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (3) of section 812.15, Florida

18  Statutes, is amended to read:

19         812.15  Unauthorized reception of cable television

20  services; penalties.--

21         (3)(a)  Any person who willfully violates this section

22  shall be guilty of a misdemeanor of the first degree,

23  punishable as provided in s. 775.082 or s. 775.083.

24         (b)  Any person who willfully and for purposes of

25  direct or indirect commercial advantage violates this section

26  shall be guilty of a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         (c)  Any person who intentionally possesses equipment,

29  knowing or having reason to know that the design of such

30  equipment renders it primarily useful for the purpose of the

31  unauthorized reception of any communications service offered

                                  1

    File original & 9 copies    04/17/98
    hbd0016                     11:34 am         01317-0043-142757




                                                   HOUSE AMENDMENT

    576-100AXC                                    Bill No. HB 1317

    Amendment No.     (for drafter's use only)





 1  over a cable system, shall be guilty of a misdemeanor of the

 2  first degree, punishable as provided in s. 775.082 or s.

 3  775.083.

 4         (d)  It is unlawful for any person to place in any

 5  newspaper, magazine, handbill, or other publication any

 6  advertisement that, in whole or in part, promotes the sale of

 7  equipment, if the person placing the advertisement knows or

 8  has reason to know that the equipment is designed to be

 9  primarily useful for the unauthorized reception of any

10  communications service offered over a cable system.  Any

11  person who violates this paragraph shall be guilty of a

12  misdemeanor of the first degree, punishable as provided in s.

13  775.082 or s. 775.083.

14         Section 2.  Section 812.155, Florida Statutes, is

15  amended to read:

16         812.155  Hiring, leasing, or obtaining personal

17  property or equipment with the intent to defraud; failing to

18  return hired or leased personal property or equipment; rules

19  of evidence.--

20         (1)  OBTAINING BY TRICK, FALSE REPRESENTATION,

21  ETC.--Whoever, with the intent to defraud the owner or any

22  person lawfully possessing any personal property or equipment,

23  obtains the custody of such personal property or equipment by

24  trick, deceit, or fraudulent or willful false representation

25  shall be guilty of a misdemeanor of the second degree,

26  punishable as provided in s. 775.082 or s. 775.083, unless the

27  value of the personal property or equipment is of a value of

28  $300 or more; in that event the violation constitutes a felony

29  of the third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

31         (2)  HIRING OR LEASING WITH THE INTENT TO

                                  2

    File original & 9 copies    04/17/98
    hbd0016                     11:34 am         01317-0043-142757




                                                   HOUSE AMENDMENT

    576-100AXC                                    Bill No. HB 1317

    Amendment No.     (for drafter's use only)





 1  DEFRAUD.--Whoever, with intent to defraud the owner or any

 2  person lawfully possessing any personal property or equipment

 3  of the rental thereof, hires or leases said personal property

 4  or equipment from such owner or such owner's agents or any

 5  person in lawful possession thereof shall, upon conviction, be

 6  guilty of a misdemeanor of the second degree, punishable as

 7  provided in s. 775.082 or s. 775.083, unless the value of the

 8  personal property or equipment is of a value of $300 or more;

 9  in that event the violation constitutes a felony of the third

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084.

12         (3)  FAILURE TO REDELIVER HIRED OR LEASED PERSONAL

13  PROPERTY.--Whoever, after hiring or leasing any personal

14  property or equipment under an agreement to redeliver the same

15  to the person letting such personal property or equipment or

16  his or her agent at the termination of the period for which it

17  was let, shall, without the consent of such person or persons

18  and with the intent to defraud, abandon or willfully refuse to

19  redeliver such personal property or equipment as agreed,

20  shall, upon conviction, be guilty of a misdemeanor of the

21  second degree, punishable as provided in s. 775.082 or s.

22  775.083, unless the value of the personal property or

23  equipment is of a value of $300 or more; in that event the

24  violation constitutes a felony of the third degree, punishable

25  as provided in s. 775.082, s. 775.083, or s. 775.084.

26         (4)  EVIDENCE OF FRAUDULENT INTENT.--

27         (a)  In prosecutions under this section, obtaining

28  fraudulent intent may be inferred from proof that the property

29  or equipment under was obtained by false pretenses; by

30  absconding without payment or offering to pay any outstanding

31  balance; or by surreptitiously removing or attempting to

                                  3

    File original & 9 copies    04/17/98
    hbd0016                     11:34 am         01317-0043-142757




                                                   HOUSE AMENDMENT

    576-100AXC                                    Bill No. HB 1317

    Amendment No.     (for drafter's use only)





 1  remove the property or equipment from the county, without the

 2  express written consent of the lessor, is prima facie evidence

 3  of fraudulent intent.

 4         (b)  In a prosecution under subsection (3), failure to

 5  redeliver the property or equipment within 5 days after

 6  receipt of, or within 5 days after return receipt from, the

 7  certified mailing of the demand for return is prima facie

 8  evidence of fraudulent intent. Notice mailed by certified

 9  mail, return receipt requested, to the address given by the

10  renter at the time of rental shall be deemed sufficient and

11  equivalent to notice having been received by the renter,

12  should the notice be returned undelivered. Fraudulent intent

13  may be inferred from proof of the failure to make payment or

14  redeliver upon demand made either in person or by certified

15  mail.  This inference may be made only when there is no

16  dispute as to the amount owed.

17         (c)  In a prosecution under subsection (3), failure to

18  pay any amount due which is incurred as the result of the

19  failure to redeliver property after the rental period expires,

20  and after the demand for return is made, is prima facie

21  evidence of fraudulent intent.  Amounts due include unpaid

22  rental for the time period during which the property or

23  equipment was not returned and include the lesser of the cost

24  of repairing or replacing the property or equipment if it has

25  been damaged.

26         (5)  DEMAND FOR RETURN.--Demand for return of overdue

27  property or equipment and for payment of amounts due may be

28  made in person, by hand delivery, or by certified mail, return

29  receipt requested, addressed to the lessee's address shown in

30  the rental contract.

31         (6)  NOTICE REQUIRED.--As a prerequisite to prosecution

                                  4

    File original & 9 copies    04/17/98
    hbd0016                     11:34 am         01317-0043-142757




                                                   HOUSE AMENDMENT

    576-100AXC                                    Bill No. HB 1317

    Amendment No.     (for drafter's use only)





 1  under this section, the following statement must be contained

 2  in the agreement under which the owner or person lawfully

 3  possessing the property or equipment has relinquished its

 4  custody, or in an addendum to that agreement, and the

 5  statement must be initialed by the person hiring or leasing

 6  the rental property or equipment:

 7         Failure to return rental property or equipment

 8         upon expiration of the rental period and

 9         failure to pay all amounts due (including costs

10         for damage to the property or equipment) are

11         prima facie evidence of intent to defraud,

12         punishable in accordance with section 812.155,

13         Florida Statutes.

14

15         (7)(5)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This

16  section does not apply to personal property or equipment that

17  is the subject of a rental-purchase agreement that permits the

18  lessee to acquire ownership of the personal property or

19  equipment.

20         Section 3.  This act shall take effect October 1 of the

21  year in which enacted.

22

23

24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26  remove from the title of the bill:  the entire title

27

28  and insert in lieu thereof:

29                      A bill to be entitled

30         An act relating to obtaining personal property

31         or certain services illegally; amending s.

                                  5

    File original & 9 copies    04/17/98
    hbd0016                     11:34 am         01317-0043-142757




                                                   HOUSE AMENDMENT

    576-100AXC                                    Bill No. HB 1317

    Amendment No.     (for drafter's use only)





 1         812.15, F.S.; prohibiting the possession or

 2         advertisement for sale of certain equipment

 3         designed and primarily useful for unauthorized

 4         reception of cable system communications;

 5         providing penalties; amending s. 812.155, F.S.;

 6         prescribing acts that constitute prima facie

 7         evidence of intent to defraud; providing

 8         authorized means for demand for return;

 9         requiring notice on rental agreements;

10         providing penalties; providing an effective

11         date.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6

    File original & 9 copies    04/17/98
    hbd0016                     11:34 am         01317-0043-142757