Senate Bill sb1050

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    Florida Senate - 2005                                  SB 1050

    By Senator Crist





    12-607-05

  1                      A bill to be entitled

  2         An act relating to the unlawful taking of

  3         personal property or equipment; amending s.

  4         812.155, F.S.; deleting a provision specifying

  5         that the prohibition against obtaining personal

  6         property or equipment with intent to defraud

  7         does not apply to a rental-purchase agreement

  8         unless the rental store retains title to the

  9         property or equipment throughout the period of

10         the rental-purchase agreement; providing an

11         effective date.

12  

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

14  

15         Section 1.  Section 812.155, F.S., is 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  

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    Florida Senate - 2005                                  SB 1050
    12-607-05




 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 the

29  property or equipment under false pretenses; absconding

30  without payment; or removing or attempting to remove the

31  property or equipment from the county without the express

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    Florida Senate - 2005                                  SB 1050
    12-607-05




 1  written consent of the lessor, is prima facie evidence of

 2  fraudulent intent.

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

 4  redeliver the property or equipment within 5 days after

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

 6  certified mailing of the demand for return is prima facie

 7  evidence of fraudulent intent. Notice mailed by certified

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

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

10  equivalent to notice having been received by the renter,

11  should the notice be returned undelivered.

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

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

14  failure to redeliver property after the rental period expires,

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

16  evidence of fraudulent intent.  Amounts due include unpaid

17  rental for the time period during which the property or

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

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

20  been damaged.

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

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

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

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

25  the rental contract.

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

27  under this section, the following statement must be contained

28  in the agreement under which the owner or person lawfully

29  possessing the property or equipment has relinquished its

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

31  

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    Florida Senate - 2005                                  SB 1050
    12-607-05




 1  statement must be initialed by the person hiring or leasing

 2  the rental property or equipment:

 3  

 4         Failure to return rental property or equipment

 5         upon expiration of the rental period and

 6         failure to pay all amounts due (including costs

 7         for damage to the property or equipment) are

 8         prima facie evidence of intent to defraud,

 9         punishable in accordance with section 812.155,

10         Florida Statutes.

11  

12         (7)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This

13  section does not apply to personal property or equipment that

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

15  lessee to acquire ownership of the personal property or

16  equipment unless the rental store retains title to the

17  personal property or equipment throughout the rental-purchase

18  agreement period.

19         Section 2.  This act shall take effect July 1, 2005.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Removes an exemption from the prohibition against
      obtaining personal property or equipment through fraud
24    which provides that the prohibition applies to a
      rental-purchase agreement only if the rental store
25    retains title to the property or equipment throughout the
      period of the rental-purchase agreement.
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