CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
576-100AXA-38 Bill No. HB 1317
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Criminal Justice Appropriations offered the
12 following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Subsection (3) of section 812.15, Florida
19 Statutes, is amended to read:
20 812.15 Unauthorized reception of cable television
21 services; penalties.--
22 (3)(a) Any person who willfully violates this section
23 shall be guilty of a misdemeanor of the first degree,
24 punishable as provided in s. 775.082 or s. 775.083.
25 (b) Any person who willfully and for purposes of
26 direct or indirect commercial advantage violates this section
27 shall be guilty of a felony of the third degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084.
29 (c) Any person who, without authorization from a cable
30 system, possesses equipment, knowing that such equipment may
31 be primarily used or designed to receive communications
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HOUSE AMENDMENT
576-100AXA-38 Bill No. HB 1317
Amendment No. (for drafter's use only)
1 services offered by that cable system, commits a misdemeanor
2 of the first degree, punishable as provided in s. 775.082 or
3 s. 775.083.
4 (d) Any person who places an advertisement in a
5 printed publication, knowing, or under circumstances where one
6 reasonably should know, that the purpose of the advertisement
7 is to promote the sale of equipment prohibited under paragraph
8 (c), commits a misdemeanor of the first degree, punishable as
9 provided in s. 775.082 or s. 775.083.
10 Section 2. Section 812.155, Florida Statutes, is
11 amended to read:
12 812.155 Hiring, leasing, or obtaining personal
13 property or equipment with the intent to defraud; failing to
14 return hired or leased personal property or equipment; rules
15 of evidence.--
16 (1) OBTAINING BY TRICK, FALSE REPRESENTATION,
17 ETC.--Whoever, with the intent to defraud the owner or any
18 person lawfully possessing any personal property or equipment,
19 obtains the custody of such personal property or equipment by
20 trick, deceit, or fraudulent or willful false representation
21 shall be guilty of a misdemeanor of the second degree,
22 punishable as provided in s. 775.082 or s. 775.083, unless the
23 value of the personal property or equipment is of a value of
24 $300 or more; in that event the violation constitutes a felony
25 of the third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 (2) HIRING OR LEASING WITH THE INTENT TO
28 DEFRAUD.--Whoever, with intent to defraud the owner or any
29 person lawfully possessing any personal property or equipment
30 of the rental thereof, hires or leases said personal property
31 or equipment from such owner or such owner's agents or any
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HOUSE AMENDMENT
576-100AXA-38 Bill No. HB 1317
Amendment No. (for drafter's use only)
1 person in lawful possession thereof shall, upon conviction, be
2 guilty of a misdemeanor of the second degree, punishable as
3 provided in s. 775.082 or s. 775.083, unless the value of the
4 personal property or equipment is of a value of $300 or more;
5 in that event the violation constitutes a felony of the third
6 degree, punishable as provided in s. 775.082, s. 775.083, or
7 s. 775.084.
8 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
9 PROPERTY.--Whoever, after hiring or leasing any personal
10 property or equipment under an agreement to redeliver the same
11 to the person letting such personal property or equipment or
12 his or her agent at the termination of the period for which it
13 was let, shall, without the consent of such person or persons
14 and with the intent to defraud, abandon or willfully refuse to
15 redeliver such personal property or equipment as agreed,
16 shall, upon conviction, be guilty of a misdemeanor of the
17 second degree, punishable as provided in s. 775.082 or s.
18 775.083, unless the value of the personal property or
19 equipment is of a value of $300 or more; in that event the
20 violation constitutes a felony of the third degree, punishable
21 as provided in s. 775.082, s. 775.083, or s. 775.084.
22 (4) EVIDENCE OF FRAUDULENT INTENT.--
23 (a) In prosecutions under this section, obtaining
24 fraudulent intent may be inferred from proof that the property
25 or equipment under was obtained by false pretenses; by
26 absconding without payment or offering to pay any outstanding
27 balance; or by surreptitiously removing or attempting to
28 remove the property or equipment from the county, without the
29 express written consent of the lessor is prima facie evidence
30 of fraudulent intent.
31 (b) In a prosecution under subsection (3), failure to
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HOUSE AMENDMENT
576-100AXA-38 Bill No. HB 1317
Amendment No. (for drafter's use only)
1 redeliver the property or equipment upon demand is prima facie
2 evidence of fraudulent intent may be inferred from proof of
3 the failure to make payment or redeliver upon demand made
4 either in person or by certified mail. This inference may be
5 made only when there is no dispute as to the amount owed.
6 (c) In a prosecution under subsection (3), failure to
7 pay any amount due under the agreement upon demand is prima
8 facie evidence of fraudulent intent. Amounts due under a
9 rental agreement include unpaid rental for the time period
10 during which the property or equipment was not returned and
11 include the cost of repairing or replacing the property or
12 equipment if it has been damaged, whichever is less.
13 (5) DEMAND FOR RETURN.--Demand for return of overdue
14 property or equipment and for payment of amounts due may be
15 made in person, by hand delivery, or by certified mail, return
16 receipt requested, addressed to the last known address of the
17 lessee.
18 (6) NOTICE REQUIRED.--As a prerequisite to prosecution
19 under this section, the following statement must be contained
20 in the agreement under which the owner or person lawfully
21 possessing the property or equipment has relinquished its
22 custody or in an addendum to that agreement and it must be
23 initialed by the person hiring or leasing the rental property
24 or equipment:
25 Failure to return rental property or equipment
26 upon expiration of the rental period and
27 failure to pay all amounts due (including costs
28 for damage to the property or equipment) are
29 prima facie evidence of intent to defraud,
30 punishable in accordance with section 812.155,
31 Florida Statutes.
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HOUSE AMENDMENT
576-100AXA-38 Bill No. HB 1317
Amendment No. (for drafter's use only)
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2 (7)(5) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
3 section does not apply to personal property or equipment that
4 is the subject of a rental-purchase agreement that permits the
5 lessee to acquire ownership of the personal property or
6 equipment.
7 Section 3. This act shall take effect October 1 of the
8 year in which enacted.
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11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 remove from the title of the bill: the entire title
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15 and insert in lieu thereof:
16 A bill to be entitled
17 An act relating to offenses involving personal
18 property or equipment; amending s. 812.15,
19 F.S.; prohibiting the possession or
20 advertisement for sale of certain equipment
21 designed or used to receive cable system
22 communications under specified circumstances;
23 providing penalties; amending s. 812.155, F.S.;
24 prescribing acts that constitute prima facie
25 evidence of intent to defraud; providing
26 authorized means for demand for return;
27 requiring notice on rental agreements;
28 providing penalties; providing an effective
29 date.
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File original & 9 copies 03/27/98
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