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A bill to be entitled

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An act relating to the theft of copper or other nonferrous

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metals; creating s. 812.145, F.S.; providing definitions;

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providing that it is a felony of the first degree to

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knowingly and intentionally take copper or other

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nonferrous metal from a utility or communications services

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provider, thereby causing damage to the facilities of a

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utility or communications services provider or

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interrupting or interfering with utility or communications

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services; providing criminal penalties; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 812.145, Florida Statutes, is created to

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read:

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     812.145 Theft of copper or other nonferrous metals.--

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     (1) As used in this section, the term:

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     (a) "Copper or other nonferrous metals" means metals not

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containing significant quantities of iron or steel, including,

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without limitation, copper, copper alloy, copper utility or

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communications service wire, brass, aluminum, bronze, lead, zinc,

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nickel, and alloys thereof.

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     (b) "Communications services" means the transmission,

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conveyance, or routing of voice, data, audio, video, or any other

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information or signals, including cable services, to a point, or

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between or among points, by or through any electronic, radio,

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satellite, cable, optical, microwave, or other medium or method

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now in existence or hereafter devised, regardless of the protocol

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used for such transmission or conveyance. The term includes such

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transmission, conveyance, or routing in which computer processing

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applications are used to act on the form, code, or protocol of

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the content for purposes of transmission, conveyance, or routing

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without regard to whether such service is referred to as voice-

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over-Internet-protocol services or is classified by the Federal

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Communications Commission as enhanced or value-added.

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(c) "Communications services provider" includes any person,

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firm, corporation, or political subdivision, whether private,

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municipal, county, or cooperative, which is engaged in the sale,

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generation, provision, or delivery of communications services.

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     (d) "Utility service" means electricity for light, heat, or

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power and natural or manufactured gas for light, heat, or power,

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including the transportation, delivery, transmission, and

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distribution of electricity or natural or manufactured gas.

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     (e) "Utility" includes any person, firm, corporation,

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association, or political subdivision, whether private,

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municipal, county, or cooperative, which is engaged in the sale,

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generation, provision, or delivery of gas or electricity service.

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     (2) A person who knowingly and intentionally takes copper

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or other nonferrous metals from a utility or communications

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services provider, thereby causing damage to the facilities of a

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utility or communications services provider, interrupting or

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interfering with communications services or utility service, or

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interfering with the ability of a utility or communications

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services provider to provide service, commits a felony of the

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first degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     Section 2.  This act shall take effect October 1, 2008.