CS/HB 799

1
A bill to be entitled
2An act relating to the theft of copper or other nonferrous
3metals; creating s. 812.145, F.S.; providing definitions;
4providing that it is a felony of the first degree to
5knowingly and intentionally take copper or other
6nonferrous metal from a utility or communications services
7provider, thereby causing damage to the facilities of a
8utility or communications services provider or
9interrupting or interfering with utility or communications
10services; providing criminal penalties; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 812.145, Florida Statutes, is created
16to read:
17     812.145  Theft of copper or other nonferrous metals.--
18     (1)  As used in this section, the terms:
19     (a)  "Communications services" means the transmission,
20conveyance, or routing of voice, data, audio, video, or any
21other information or signals, including cable services, to a
22point, or between or among points, by or through any electronic,
23radio, satellite, cable, optical, microwave, or other medium or
24method now in existence or hereafter devised, regardless of the
25protocol used for such transmission or conveyance. The term
26includes such transmission, conveyance, or routing in which
27computer processing applications are used to act on the form,
28code, or protocol of the content for purposes of transmission,
29conveyance, or routing without regard to whether such service is
30referred to as voice-over-Internet-protocol services or is
31classified by the Federal Communications Commission as enhanced
32or value-added.
33     (b)  "Communications services provider" includes any
34person, firm, corporation, or political subdivision, whether
35private, municipal, county, or cooperative, which is engaged in
36the sale, generation, provision, or delivery of communications
37services.
38     (c)  "Copper or other nonferrous metals" means metals not
39containing significant quantities of iron or steel, including,
40without limitation, copper, copper alloy, copper utility or
41communications service wire, brass, aluminum, bronze, lead,
42zinc, nickel, and alloys thereof.
43     (d)  "Utility" includes any person, firm, corporation,
44association, or political subdivision, whether private,
45municipal, county, or cooperative, which is engaged in the sale,
46generation, provision, or delivery of gas or electricity
47services.
48     (e)  "Utility service" means electricity for light, heat,
49or power and natural or manufactured gas for light, heat, or
50power, including the transportation, delivery, transmission, and
51distribution of electricity or natural or manufactured gas.
52     (2)  A person who knowingly and intentionally takes copper
53or other nonferrous metals from a utility or communications
54services provider, thereby causing damage to the facilities of a
55utility or communications services provider, interrupting or
56interfering with utility service or communications services, or
57interfering with the ability of a utility or communications
58services provider to provide service, commits a felony of the
59first degree, punishable as provided in s. 775.082, s. 775.083,
60or s. 775.084.
61     Section 2.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.