Senate Bill sb1328c1

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    Florida Senate - 2006                           CS for SB 1328

    By the Committee on Criminal Justice; and Senator Crist





    591-1893-06

  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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    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
    591-1893-06




 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
    591-1893-06




 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.
30  

31  

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