Senate Bill sb1328c1
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Florida Senate - 2006 CS for SB 1328
By the Committee on Criminal Justice; and Senator Crist
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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 requirement to prove
5 fraudulent intent to withhold personal property
6 or equipment; providing that failure to return
7 rental property within a specified time is
8 evidence of abandonment or refusal to redeliver
9 the property; deleting a provision specifying
10 that the prohibition against obtaining personal
11 property or equipment with intent to defraud
12 does not apply to a rental-purchase agreement
13 unless the rental store retains title to the
14 property or equipment throughout the period of
15 the rental-purchase agreement; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 812.155, Florida Statutes, is
21 amended to read:
22 812.155 Hiring, leasing, or obtaining personal
23 property or equipment with the intent to defraud; failing to
24 return hired or leased personal property or equipment; rules
25 of evidence.--
26 (1) OBTAINING BY TRICK, FALSE REPRESENTATION,
27 ETC.--Whoever, with the intent to defraud the owner or any
28 person lawfully possessing any personal property or equipment,
29 obtains the custody of such personal property or equipment by
30 trick, deceit, or fraudulent or willful false representation
31 shall be guilty of a misdemeanor of the second degree,
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1328
591-1893-06
1 punishable as provided in s. 775.082 or s. 775.083, unless the
2 value of the personal property or equipment is of a value of
3 $300 or more; in that event the violation constitutes a felony
4 of the third degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084.
6 (2) HIRING OR LEASING WITH THE INTENT TO
7 DEFRAUD.--Whoever, with intent to defraud the owner or any
8 person lawfully possessing any personal property or equipment
9 of the rental thereof, hires or leases the said personal
10 property or equipment from the such owner or the such owner's
11 agents or any person in lawful possession thereof shall, upon
12 conviction, be guilty of a misdemeanor of the second degree,
13 punishable as provided in s. 775.082 or s. 775.083, unless the
14 value of the personal property or equipment is of a value of
15 $300 or more; in that event the violation constitutes a felony
16 of the third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
19 PROPERTY.--Whoever, after hiring or leasing any personal
20 property or equipment under an agreement to redeliver the same
21 to the person letting such personal property or equipment or
22 his or her agent at the termination of the period for which it
23 was let, shall, without the consent of such person or persons
24 knowingly and with the intent to defraud, abandon or willfully
25 refuse to redeliver the such personal property or equipment as
26 agreed, shall, upon conviction, be guilty of a misdemeanor of
27 the second degree, punishable as provided in s. 775.082 or s.
28 775.083, unless the value of the personal property or
29 equipment is of a value of $300 or more; in that event the
30 violation constitutes a felony of the third degree, punishable
31 as provided in s. 775.082, s. 775.083, or s. 775.084.
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Florida Senate - 2006 CS for SB 1328
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1 (4) EVIDENCE OF FRAUDULENT INTENT.--
2 (a) In prosecutions under this section, obtaining the
3 property or equipment under false pretenses; absconding
4 without payment; or removing or attempting to remove the
5 property or equipment from the county without the express
6 written consent of the lessor, is prima facie evidence of
7 fraudulent intent.
8 (b) In a prosecution under subsection (3), failure to
9 redeliver the property or equipment within 5 days after
10 receipt of, or within 5 days after return receipt from, the
11 certified mailing of the demand for return is prima facie
12 evidence of abandonment or refusal to redeliver the property
13 fraudulent intent. Notice mailed by certified mail, return
14 receipt requested, to the address given by the renter at the
15 time of rental shall be deemed sufficient and equivalent to
16 notice having been received by the renter, should the notice
17 be returned undelivered.
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 abandonment or refusal to redeliver the property
23 fraudulent intent. Amounts due include unpaid rental for the
24 time period during which the property or equipment was not
25 returned and include the lesser of the cost of repairing or
26 replacing the property or equipment if it has 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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Florida Senate - 2006 CS for SB 1328
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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
9 Failure to return rental property or equipment upon expiration
10 of the rental period and failure to pay all amounts due
11 (including costs for damage to the property or equipment) are
12 prima facie evidence of abandonment or refusal to redeliver
13 the property intent to defraud, punishable in accordance with
14 section 812.155, Florida Statutes.
15 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
16 section does not apply to personal property or equipment that
17 is the subject of a rental-purchase agreement that permits the
18 lessee to acquire ownership of the personal property or
19 equipment unless the rental store retains title to the
20 personal property or equipment throughout the rental-purchase
21 agreement period.
22 Section 2. This act shall take effect July 1, 2006.
23
24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 Senate Bill 1328
26
27 The bill eliminates the necessity of proving fraudulent intent
to obtain a conviction under circumstances where the lessor
28 fails to redeliver the property or equipment after notice of
demand for its return or fails to pay any amount due which is
29 incurred as the result of the failure to redeliver the
property or equipment.
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