Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1100
                        Barcode 705928
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Transportation (Clary) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 12, between lines 8 and 9,
16  
17  insert:  
18         Section 4.  Section 812.155, F.S., is amended to read:
19         812.155  Hiring, leasing, or obtaining personal
20  property or equipment with the intent to defraud; failing to
21  return hired or leased personal property or equipment; rules
22  of evidence.--
23         (1)  OBTAINING BY TRICK, FALSE REPRESENTATION,
24  ETC.--Whoever, with the intent to defraud the owner or any
25  person lawfully possessing any personal property or equipment,
26  obtains the custody of such personal property or equipment by
27  trick, deceit, or fraudulent or willful false representation
28  shall be guilty of a misdemeanor of the second degree,
29  punishable as provided in s. 775.082 or s. 775.083, unless the
30  value of the personal property or equipment is of a value of
31  $300 or more; in that event the violation constitutes a felony
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    7:10 PM   04/20/05                             s1100c-tr04-c7e

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1100 Barcode 705928 1 of the third degree, punishable as provided in s. 775.082, s. 2 775.083, or s. 775.084. 3 (2) HIRING OR LEASING WITH THE INTENT TO 4 DEFRAUD.--Whoever, with intent to defraud the owner or any 5 person lawfully possessing any personal property or equipment 6 of the rental thereof, hires or leases said personal property 7 or equipment from such owner or such owner's agents or any 8 person in lawful possession thereof shall, upon conviction, be 9 guilty of a misdemeanor of the second degree, punishable as 10 provided in s. 775.082 or s. 775.083, unless the value of the 11 personal property or equipment is of a value of $300 or more; 12 in that event the violation constitutes a felony of the third 13 degree, punishable as provided in s. 775.082, s. 775.083, or 14 s. 775.084. 15 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL 16 PROPERTY.--Whoever, after hiring or leasing any personal 17 property or equipment under an agreement to redeliver the same 18 to the person letting such personal property or equipment or 19 his or her agent at the termination of the period for which it 20 was let, shall, without the consent of such person or persons 21 and with the intent to defraud, abandon or willfully refuse to 22 redeliver such personal property or equipment as agreed, 23 shall, upon conviction, be guilty of a misdemeanor of the 24 second degree, punishable as provided in s. 775.082 or s. 25 775.083, unless the value of the personal property or 26 equipment is of a value of $300 or more; in that event the 27 violation constitutes a felony of the third degree, punishable 28 as provided in s. 775.082, s. 775.083, or s. 775.084. 29 (4) EVIDENCE OF FRAUDULENT INTENT.-- 30 (a) In prosecutions under this section, obtaining the 31 property or equipment under false pretenses; absconding 2 7:10 PM 04/20/05 s1100c-tr04-c7e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1100 Barcode 705928 1 without payment; or removing or attempting to remove the 2 property or equipment from the county without the express 3 written consent of the lessor, is prima facie evidence of 4 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. 14 (c) In a prosecution under subsection (3), failure to 15 pay any amount due which is incurred as the result of the 16 failure to redeliver property after the rental period expires, 17 and after the demand for return is made, is prima facie 18 evidence of fraudulent intent. Amounts due include unpaid 19 rental for the time period during which the property or 20 equipment was not returned and include the lesser of the cost 21 of repairing or replacing the property or equipment if it has 22 been damaged. 23 (5) DEMAND FOR RETURN.--Demand for return of overdue 24 property or equipment and for payment of amounts due may be 25 made in person, by hand delivery, or by certified mail, return 26 receipt requested, addressed to the lessee's address shown in 27 the rental contract. 28 (6) NOTICE REQUIRED.--As a prerequisite to prosecution 29 under this section, the following statement must be contained 30 in the agreement under which the owner or person lawfully 31 possessing the property or equipment has relinquished its 3 7:10 PM 04/20/05 s1100c-tr04-c7e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1100 Barcode 705928 1 custody, or in an addendum to that agreement, and the 2 statement must be initialed by the person hiring or leasing 3 the rental property or equipment: 4 5 Failure to return rental property or equipment 6 upon expiration of the rental period and 7 failure to pay all amounts due (including costs 8 for damage to the property or equipment) are 9 prima facie evidence of intent to defraud, 10 punishable in accordance with section 812.155, 11 Florida Statutes. 12 13 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This 14 section does not apply to personal property or equipment that 15 is the subject of a rental-purchase agreement that permits the 16 lessee to acquire ownership of the personal property or 17 equipment unless the rental store retains title to the 18 personal property or equipment throughout the rental-purchase 19 agreement period. 20 21 (Redesignate subsequent sections.) 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 On page 1, line 14, after the semicolon, 27 28 insert: 29 amending s. 812.155, F.S.; deleting a provision 30 specifying that the prohibition against 31 obtaining personal property or equipment with 4 7:10 PM 04/20/05 s1100c-tr04-c7e
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1100 Barcode 705928 1 intent to defraud does not apply to a 2 rental-purchase agreement unless the rental 3 store retains title to the property or 4 equipment throughout the period of the 5 rental-purchase agreement; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 7:10 PM 04/20/05 s1100c-tr04-c7e