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The Committee on Criminal Justice (Aronberg) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 812.14, Florida Statutes, is amended to

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read:

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     812.14  Trespass and larceny with relation to utility

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fixtures; theft of utility services.--

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

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     (a) "Manufacture" has the same meaning as in s. 893.02.

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     (b) "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, electricity, heat,

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water, oil, sewer service, telephone service, telegraph service,

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radio service, or telecommunication service.

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     (2)  It is unlawful to:

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     (a)  Willfully alter, tamper with, injure, or knowingly

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suffer to be injured any meter, meter seal, pipe, conduit, wire,

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line, cable, transformer, amplifier, or other apparatus or device

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belonging to a utility line service in such a manner as to cause

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loss or damage or to prevent any meter installed for registering

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electricity, gas, or water from registering the quantity which

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otherwise would pass through the same; or to alter the index or

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break the seal of any such meter; or in any way to hinder or

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interfere with the proper action or just registration of any such

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meter or device; or knowingly to use, waste, or suffer the waste,

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by any means, of electricity or gas or water passing through any

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such meter, wire, pipe, or fitting, or other appliance or

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appurtenance connected with or belonging to any such utility,

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after such meter, wire, pipe or fitting, or other appliance or

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appurtenance has been tampered with, injured, or altered.

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     (b)  Make or cause to be made any connection with any wire,

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main, service pipe or other pipes, appliance, or appurtenance in

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such manner as to use, without the consent of the utility, any

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service or any electricity, gas, or water, or to cause to be

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supplied any service or electricity, gas, or water from a utility

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to any person, firm, or corporation or any lamp, burner, orifice,

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faucet, or other outlet whatsoever, without such service being

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reported for payment or such electricity, gas, or water passing

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through a meter provided by the utility and used for measuring

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and registering the quantity of electricity, gas, or water

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passing through the same.

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     (c)  Use or receive the direct benefit from the use of a

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utility knowing, or under such circumstances as would induce a

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reasonable person to believe, that such direct benefits have

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resulted from any tampering with, altering of, or injury to any

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connection, wire, conductor, meter, pipe, conduit, line, cable,

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transformer, amplifier, or other apparatus or device owned,

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operated, or controlled by such utility, for the purpose of

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avoiding payment.

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     (d) Violate paragraph (a), paragraph (b), or paragraph (c)

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for the purpose of facilitating the manufacture of a controlled

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substance.

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     (3)  The presence on property in the actual possession of a

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person of any device or alteration that which affects the

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diversion or use of the services of a utility so as to avoid the

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registration of such use by or on a meter installed by the

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utility or so as to otherwise avoid the reporting of use of such

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service for payment is shall be prima facie evidence of the

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violation of this section by such person; however, this

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presumption does shall not apply unless:

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     (a)  The presence of such a device or alteration can be

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attributed only to a deliberate act in furtherance of an intent

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to avoid payment for utility services;

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     (b)  The person charged has received the direct benefit of

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the reduction of the cost of such utility services; and

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     (c)  The customer or recipient of the utility services has

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received the direct benefit of such utility service for at least

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one full billing cycle.

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     (4) It is prima facie evidence of a person's intent to

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violate paragraph (2)(d) if:

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     (a) The person violated paragraph (2)(a), paragraph (2)(b),

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or paragraph (2)(c), resulting in a structure, as defined in s.

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810.011, or a dwelling, as defined in s. 810.011, receiving

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unauthorized access to utility services;

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     (b) A controlled substance and materials for manufacturing

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the controlled substance were found in the structure or dwelling;

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and

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     (c) The person knew of the presence of the controlled

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substance and materials for manufacturing the controlled

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substance in the structure or dwelling, regardless of whether the

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person was involved in the manufacture of the controlled

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substance.

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     (5)(4) Any person who willfully violates paragraph (2)(a),

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paragraph (2)(b), or paragraph (2)(c) commits this section shall

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be guilty of a misdemeanor of the first degree, punishable as

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provided in s. 775.082 or s. 775.083. Any person who willfully

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violates paragraph (2)(d) commits a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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Prosecution of a violation of subsection (2) does not preclude

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prosecution of theft under subsection (6) or s. 812.014.

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     (6) Theft of utility services for the purpose of

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facilitating the manufacture of a controlled substance is a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084. Prosecution pursuant this subsection

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is in lieu of prosecution for theft under s. 812.014.

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     (7) It is prima facie evidence of a person's intent to

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violate subsection (6) if:

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     (a) The person committed theft of utility services

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resulting in a structure, as defined in s. 810.011, or a

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dwelling, as defined in s. 810.011, receiving unauthorized access

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to utility services;

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     (b) A controlled substance and materials for manufacturing

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the controlled substance were found in the structure or dwelling;

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and

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     (c) The person knew of the presence of the controlled

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substance and materials for manufacturing the controlled

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substance in the structure or dwelling, regardless of whether the

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person was involved in the manufacture of the controlled

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substance.

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     (8)(5) Whoever is found in a civil action to have violated

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the provisions of this section is hereof shall be liable to the

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utility involved in an amount equal to 3 times the amount of

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services unlawfully obtained or $1,000, whichever is greater.

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     (9)(6) Nothing in This section does not act shall be

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construed to apply to licensed and certified electrical

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contractors while performing usual and ordinary service in

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accordance with recognized standards.

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

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to unlawful use of utility services;

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amending s. 812.14, F.S.; providing definitions;

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prohibiting trespass and larceny in relation to utility

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fixtures for the purpose of manufacturing a controlled

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substance; providing for prima facie evidence of the

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intent to commit such offense; providing that trespass and

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larceny in relation to utility fixtures for the purpose of

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manufacturing a controlled substance is a third-degree

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felony; providing that prosecution for trespass and

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larceny in relation to utility fixtures does not preclude

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prosecution for theft of utility services; providing that

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theft of utility services for the purpose of manufacturing

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a controlled substance is a third-degree felony; providing

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that prosecution of theft of utility services for the

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purpose of manufacturing a controlled substance is in lieu

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of prosecution for theft pursuant to s. 812.014, F.S.;

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providing for prima facie evidence of intent to commit

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theft of utility services for the purpose of manufacturing

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a controlled substance; providing an effective date.

4/14/2008  9:39:00 AM     27-07260-08