Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 158
Barcode 574856
CHAMBER ACTION
Senate House
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03/29/2006 12:44 PM .
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11 The Committee on Commerce and Consumer Services (Lynn)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, line 4, through page 6, line 7, delete those
16 lines
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18 and insert:
19 Section 3. Section 812.155, Florida Statutes, is
20 amended to read:
21 812.155 Hiring, leasing, or obtaining personal
22 property or equipment with the intent to defraud; failing to
23 return hired or leased personal property or equipment; rules
24 of evidence.--
25 (1) OBTAINING BY TRICK, FALSE REPRESENTATION,
26 ETC.--Whoever, with the intent to defraud the owner or any
27 person lawfully possessing any personal property or equipment,
28 obtains the custody of such personal property or equipment by
29 trick, deceit, or fraudulent or willful false representation
30 shall be guilty of a misdemeanor of the second degree,
31 punishable as provided in s. 775.082 or s. 775.083, unless the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 158
Barcode 574856
1 value of the personal property or equipment is of a value of
2 $300 or more; in that event the violation constitutes a felony
3 of the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 (2) HIRING OR LEASING WITH THE INTENT TO
6 DEFRAUD.--Whoever, with intent to defraud the owner or any
7 person lawfully possessing any personal property or equipment
8 of the rental thereof, hires or leases the said personal
9 property or equipment from the such owner or the such owner's
10 agents or any person in lawful possession thereof shall, upon
11 conviction, be guilty of a misdemeanor of the second degree,
12 punishable as provided in s. 775.082 or s. 775.083, unless the
13 value of the personal property or equipment is of a value of
14 $300 or more; in that event the violation constitutes a felony
15 of the third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084.
17 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
18 PROPERTY.--Whoever, after hiring or leasing any personal
19 property or equipment under an agreement to redeliver the same
20 to the person letting such personal property or equipment or
21 his or her agent at the termination of the period for which it
22 was let, shall, without the consent of such person or persons
23 knowingly and with the intent to defraud, abandon or willfully
24 refuse to redeliver the such personal property or equipment as
25 agreed, shall, upon conviction, be guilty of a misdemeanor of
26 the second degree, punishable as provided in s. 775.082 or s.
27 775.083, unless the value of the personal property or
28 equipment is of a value of $300 or more; in that event the
29 violation constitutes a felony of the third degree, punishable
30 as provided in s. 775.082, s. 775.083, or s. 775.084.
31 (4) EVIDENCE OF FRAUDULENT INTENT.--
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 158
Barcode 574856
1 (a) In prosecutions under this section, obtaining the
2 property or equipment under false pretenses; absconding
3 without payment; or removing or attempting to remove the
4 property or equipment from the county without the express
5 written consent of the lessor, is prima facie evidence of
6 fraudulent intent.
7 (b) In a prosecution under subsection (3), failure to
8 redeliver the property or equipment within 5 days after
9 receipt of, or within 5 days after return receipt from, the
10 certified mailing of the demand for return is prima facie
11 evidence of abandonment or refusal to redeliver the property
12 fraudulent intent. Notice mailed by certified mail, return
13 receipt requested, to the address given by the renter at the
14 time of rental shall be deemed sufficient and equivalent to
15 notice having been received by the renter, should the notice
16 be returned undelivered.
17 (c) In a prosecution under subsection (3), failure to
18 pay any amount due which is incurred as the result of the
19 failure to redeliver property after the rental period expires,
20 and after the demand for return is made, is prima facie
21 evidence of abandonment or refusal to redeliver the property
22 fraudulent intent. Amounts due include unpaid rental for the
23 time period during which the property or equipment was not
24 returned and include the lesser of the cost of repairing or
25 replacing the property or equipment if it has been damaged.
26 (5) DEMAND FOR RETURN.--Demand for return of overdue
27 property or equipment and for payment of amounts due may be
28 made in person, by hand delivery, or by certified mail, return
29 receipt requested, addressed to the lessee's address shown in
30 the rental contract.
31 (6) NOTICE REQUIRED.--As a prerequisite to prosecution
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 158
Barcode 574856
1 under this section, the following statement must be contained
2 in the agreement under which the owner or person lawfully
3 possessing the property or equipment has relinquished its
4 custody, or in an addendum to that agreement, and the
5 statement must be initialed by the person hiring or leasing
6 the rental property or equipment:
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8 Failure to return rental property or equipment upon expiration
9 of the rental period and failure to pay all amounts due
10 (including costs for damage to the property or equipment) are
11 prima facie evidence of abandonment or refusal to redeliver
12 the property intent to defraud, punishable in accordance with
13 section 812.155, Florida Statutes.
14 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
15 section does not apply to personal property or equipment that
16 is the subject of a rental-purchase agreement that permits the
17 lessee to acquire ownership of the personal property or
18 equipment unless the rental store retains title to the
19 personal property or equipment throughout the rental-purchase
20 agreement period.
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, line 10, after the second semicolon
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27 insert:
28 deleting requirement to prove fraudulent intent
29 to withhold personal property or equipment;
30 providing that failure to return rental
31 property within a specified time is evidence of
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 158
Barcode 574856
1 abandonment or refusal to redeliver the
2 property;
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