House Bill 1317e1

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                                          HB 1317, First Engrossed



  1                      A bill to be entitled

  2         An act relating to obtaining personal property

  3         or certain services illegally; amending s.

  4         812.15, F.S.; prohibiting the possession or

  5         advertisement for sale of certain equipment

  6         designed and primarily useful for unauthorized

  7         reception of cable system communications;

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

  9         prescribing acts that constitute prima facie

10         evidence of intent to defraud; providing

11         authorized means for demand for return;

12         requiring notice on rental agreements;

13         providing penalties; providing an effective

14         date.

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16  Be It Enacted by the Legislature of the State of Florida:

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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 intentionally possesses equipment,

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

31  equipment renders it primarily useful for the purpose of the


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                                          HB 1317, First Engrossed



  1  unauthorized reception of any communications service offered

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

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

  4  775.083.

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

  6  newspaper, magazine, handbill, or other publication any

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

  8  equipment, if the person placing the advertisement knows or

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

10  primarily useful for the unauthorized reception of any

11  communications service offered over a cable system.  Any

12  person who violates this paragraph shall be guilty of a

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

14  775.082 or s. 775.083.

15         Section 2.  Section 812.155, Florida Statutes, is

16  amended to read:

17         812.155  Hiring, leasing, or obtaining personal

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

19  return hired or leased personal property or equipment; rules

20  of evidence.--

21         (1)  OBTAINING BY TRICK, FALSE REPRESENTATION,

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

23  person lawfully possessing any personal property or equipment,

24  obtains the custody of such personal property or equipment by

25  trick, deceit, or fraudulent or willful false representation

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

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

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

29  $300 or more; in that event the violation constitutes a felony

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

31  775.083, or s. 775.084.


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                                          HB 1317, First Engrossed



  1         (2)  HIRING OR LEASING WITH THE INTENT TO

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

  3  person lawfully possessing any personal property or equipment

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

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

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

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

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

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

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

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

12  s. 775.084.

13         (3)  FAILURE TO REDELIVER HIRED OR LEASED PERSONAL

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

15  property or equipment under an agreement to redeliver the same

16  to the person letting such personal property or equipment or

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

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

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

20  redeliver such personal property or equipment as agreed,

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

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

23  775.083, unless the value of the personal property or

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

25  violation constitutes a felony of the third degree, punishable

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

27         (4)  EVIDENCE OF FRAUDULENT INTENT.--

28         (a)  In prosecutions under this section, obtaining

29  fraudulent intent may be inferred from proof that the property

30  or equipment under was obtained by false pretenses; by

31  absconding without payment or offering to pay any outstanding


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                                          HB 1317, First Engrossed



  1  balance; or by surreptitiously removing or attempting to

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

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

  4  of fraudulent intent.

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

  6  redeliver the property or equipment within 5 days after

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

  8  certified mailing of the demand for return is prima facie

  9  evidence of fraudulent intent. Notice mailed by certified

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

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

12  equivalent to notice having been received by the renter,

13  should the notice be returned undelivered. Fraudulent intent

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

15  redeliver upon demand made either in person or by certified

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

17  dispute as to the amount owed.

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

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

20  failure to redeliver property after the rental period expires,

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

22  evidence of fraudulent intent.  Amounts due include unpaid

23  rental for the time period during which the property or

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

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

26  been damaged.

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

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

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

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

31  the rental contract.


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                                          HB 1317, First Engrossed



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

  2  under this section, the following statement must be contained

  3  in the agreement under which the owner or person lawfully

  4  possessing the property or equipment has relinquished its

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

  6  statement must be initialed by the person hiring or leasing

  7  the rental property or equipment:

  8         Failure to return rental property or equipment

  9         upon expiration of the rental period and

10         failure to pay all amounts due (including costs

11         for damage to the property or equipment) are

12         prima facie evidence of intent to defraud,

13         punishable in accordance with section 812.155,

14         Florida Statutes.

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16         (7)(5)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This

17  section does not apply to personal property or equipment that

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

19  lessee to acquire ownership of the personal property or

20  equipment.

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

22  year in which enacted.

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