House Bill 1317er
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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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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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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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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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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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