Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1328
                        Barcode 651054
                            CHAMBER ACTION
              Senate                               House
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       03/15/2006 06:35 PM         .                    
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11  The Committee on Criminal Justice (Crist) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Section 812.155, Florida Statutes, is
19  amended to read:
20         812.155  Hiring, leasing, or obtaining personal
21  property or equipment with the intent to defraud; failing to
22  return hired or leased personal property or equipment; rules
23  of evidence.--
24         (1)  OBTAINING BY TRICK, FALSE REPRESENTATION,
25  ETC.--Whoever, with the intent to defraud the owner or any
26  person lawfully possessing any personal property or equipment,
27  obtains the custody of such personal property or equipment by
28  trick, deceit, or fraudulent or willful false representation
29  shall be guilty of a misdemeanor of the second degree,
30  punishable as provided in s. 775.082 or s. 775.083, unless the
31  value of the personal property or equipment is of a value of
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    4:55 PM   03/13/06                             s1328d-cj12-k0j

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1328 Barcode 651054 1 $300 or more; in that event the violation constitutes a felony 2 of the third degree, punishable as provided in s. 775.082, s. 3 775.083, or s. 775.084. 4 (2) HIRING OR LEASING WITH THE INTENT TO 5 DEFRAUD.--Whoever, with intent to defraud the owner or any 6 person lawfully possessing any personal property or equipment 7 of the rental thereof, hires or leases the said personal 8 property or equipment from the such owner or the such owner's 9 agents or any person in lawful possession thereof shall, upon 10 conviction, be guilty of a misdemeanor of the second degree, 11 punishable as provided in s. 775.082 or s. 775.083, unless the 12 value of the personal property or equipment is of a value of 13 $300 or more; in that event the violation constitutes a felony 14 of the third degree, punishable as provided in s. 775.082, s. 15 775.083, or s. 775.084. 16 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL 17 PROPERTY.--Whoever, after hiring or leasing any personal 18 property or equipment under an agreement to redeliver the same 19 to the person letting such personal property or equipment or 20 his or her agent at the termination of the period for which it 21 was let, shall, without the consent of such person or persons 22 knowingly and with the intent to defraud, abandon or willfully 23 refuse to redeliver the such personal property or equipment as 24 agreed, shall, upon conviction, be guilty of a misdemeanor of 25 the second degree, punishable as provided in s. 775.082 or s. 26 775.083, unless the value of the personal property or 27 equipment is of a value of $300 or more; in that event the 28 violation constitutes a felony of the third degree, punishable 29 as provided in s. 775.082, s. 775.083, or s. 775.084. 30 (4) EVIDENCE OF FRAUDULENT INTENT.-- 31 (a) In prosecutions under this section, obtaining the 2 4:55 PM 03/13/06 s1328d-cj12-k0j
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1328 Barcode 651054 1 property or equipment under false pretenses; absconding 2 without payment; or removing or attempting to remove the 3 property or equipment from the county without the express 4 written consent of the lessor, is prima facie evidence of 5 fraudulent intent. 6 (b) In a prosecution under subsection (3), failure to 7 redeliver the property or equipment within 5 days after 8 receipt of, or within 5 days after return receipt from, the 9 certified mailing of the demand for return is prima facie 10 evidence of abandonment or refusal to redeliver the property 11 fraudulent intent. Notice mailed by certified mail, return 12 receipt requested, to the address given by the renter at the 13 time of rental shall be deemed sufficient and equivalent to 14 notice having been received by the renter, should the notice 15 be returned undelivered. 16 (c) In a prosecution under subsection (3), failure to 17 pay any amount due which is incurred as the result of the 18 failure to redeliver property after the rental period expires, 19 and after the demand for return is made, is prima facie 20 evidence of abandonment or refusal to redeliver the property 21 fraudulent intent. Amounts due include unpaid rental for the 22 time period during which the property or equipment was not 23 returned and include the lesser of the cost of repairing or 24 replacing the property or equipment if it has been damaged. 25 (5) DEMAND FOR RETURN.--Demand for return of overdue 26 property or equipment and for payment of amounts due may be 27 made in person, by hand delivery, or by certified mail, return 28 receipt requested, addressed to the lessee's address shown in 29 the rental contract. 30 (6) NOTICE REQUIRED.--As a prerequisite to prosecution 31 under this section, the following statement must be contained 3 4:55 PM 03/13/06 s1328d-cj12-k0j
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1328 Barcode 651054 1 in the agreement under which the owner or person lawfully 2 possessing the property or equipment has relinquished its 3 custody, or in an addendum to that agreement, and the 4 statement must be initialed by the person hiring or leasing 5 the rental property or equipment: 6 7 Failure to return rental property or equipment upon expiration 8 of the rental period and failure to pay all amounts due 9 (including costs for damage to the property or equipment) are 10 prima facie evidence of abandonment or refusal to redeliver 11 the property intent to defraud, punishable in accordance with 12 section 812.155, Florida Statutes. 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 Section 2. This act shall take effect July 1, 2006. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 Delete everything before the enacting clause 26 27 and insert: 28 A bill to be entitled 29 An act relating to the unlawful taking of 30 personal property or equipment; amending s. 31 812.155, F.S.; deleting requirement to prove 4 4:55 PM 03/13/06 s1328d-cj12-k0j
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1328 Barcode 651054 1 fraudulent intent to withhold personal property 2 or equipment; providing that failure to return 3 rental property within a specified time is 4 evidence of abandonment or refusal to redeliver 5 the property; deleting a provision specifying 6 that the prohibition against obtaining personal 7 property or equipment with intent to defraud 8 does not apply to a rental-purchase agreement 9 unless the rental store retains title to the 10 property or equipment throughout the period of 11 the rental-purchase agreement; providing an 12 effective date. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 4:55 PM 03/13/06 s1328d-cj12-k0j