Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 236
       
       
       
       
       
       
                                Barcode 780206                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2009           .                                
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       The Committee on Judiciary (Haridopolos) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 812.14, Florida Statutes, is amended to
    6  read:
    7         812.14 Trespass and larceny with relation to utility
    8  fixtures; theft of utility services.—
    9         (1) As used in this section, “utility” includes any person,
   10  firm, corporation, association, or political subdivision,
   11  whether private, municipal, county, or cooperative, which is
   12  engaged in the sale, generation, provision, or delivery of gas,
   13  electricity, heat, water, oil, sewer service, telephone service,
   14  telegraph service, radio service, or telecommunication service.
   15         (2) It is unlawful to:
   16         (a) Willfully alter, tamper with, injure, or knowingly
   17  suffer to be injured any meter, meter seal, pipe, conduit, wire,
   18  line, cable, transformer, amplifier, or other apparatus or
   19  device belonging to a utility line service in such a manner as
   20  to cause loss or damage or to prevent any meter installed for
   21  registering electricity, gas, or water from registering the
   22  quantity which otherwise would pass through the same; or to
   23  alter the index or break the seal of any such meter; or in any
   24  way to hinder or interfere with the proper action or just
   25  registration of any such meter or device; or knowingly to use,
   26  waste, or suffer the waste, by any means, of electricity or gas
   27  or water passing through any such meter, wire, pipe, or fitting,
   28  or other appliance or appurtenance connected with or belonging
   29  to any such utility, after such meter, wire, pipe or fitting, or
   30  other appliance or appurtenance has been tampered with, injured,
   31  or altered.
   32         (b) Make or cause to be made any connection with any wire,
   33  main, service pipe or other pipes, appliance, or appurtenance in
   34  such manner as to use, without the consent of the utility, any
   35  service or any electricity, gas, or water, or to cause to be
   36  supplied any service or electricity, gas, or water from a
   37  utility to any person, firm, or corporation or any lamp, burner,
   38  orifice, faucet, or other outlet whatsoever, without such
   39  service being reported for payment or such electricity, gas, or
   40  water passing through a meter provided by the utility and used
   41  for measuring and registering the quantity of electricity, gas,
   42  or water passing through the same.
   43         (c) Use or receive the direct benefit from the use of a
   44  utility knowing, or under such circumstances as would induce a
   45  reasonable person to believe, that such direct benefits have
   46  resulted from any tampering with, altering of, or injury to any
   47  connection, wire, conductor, meter, pipe, conduit, line, cable,
   48  transformer, amplifier, or other apparatus or device owned,
   49  operated, or controlled by such utility, for the purpose of
   50  avoiding payment.
   51         (3) The presence on property in the actual possession of a
   52  person of any device or alteration that which affects the
   53  diversion or use of the services of a utility so as to avoid the
   54  registration of such use by or on a meter installed by the
   55  utility or so as to otherwise avoid the reporting of use of such
   56  service for payment is shall be prima facie evidence of the
   57  violation of this section by such person; however, this
   58  presumption does shall not apply unless:
   59         (a) The presence of such a device or alteration can be
   60  attributed only to a deliberate act in furtherance of an intent
   61  to avoid payment for utility services;
   62         (b) The person charged has received the direct benefit of
   63  the reduction of the cost of such utility services; and
   64         (c) The customer or recipient of the utility services has
   65  received the direct benefit of such utility service for at least
   66  one full billing cycle.
   67         (4)A rebuttable presumption of a person’s or entity’s
   68  intent to violate paragraph (2)(b) exists if:
   69         (a)A controlled substance and materials for manufacturing
   70  the controlled substance intended for sale or distribution to
   71  another were found in a structure or dwelling;
   72         (b)Materials or equipment for manufacturing the controlled
   73  substance have been in the structure or dwelling for at least 1
   74  year;
   75         (c)The dwelling or structure has been visibly modified to
   76  accommodate the use of equipment to grow marijuana indoors,
   77  including, but not limited to, the installation of equipment to
   78  provide additional air conditioning, equipment to provide high
   79  wattage lighting, or equipment for hydroponic cultivation; and
   80         (d)The person or entity who owned, leased, or subleased
   81  the structure or dwelling knew or should have known, through the
   82  exercise of due diligence, of the presence of the controlled
   83  substance and materials for manufacturing the controlled
   84  substance in the structure or dwelling, regardless of whether
   85  the person or entity was involved in the manufacture or sale of
   86  the controlled substance or was in actual possession of the
   87  structure or dwelling.
   88         (5)(4) Any person who willfully violates paragraph (2)(a)
   89  or paragraph (2)(c) commits this section shall be guilty of a
   90  misdemeanor of the first degree, punishable as provided in s.
   91  775.082 or s. 775.083. Any person who willfully violates
   92  paragraph (2)(b) commits a felony of the third degree,
   93  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   94  Prosecution of a violation of subsection (2) does not preclude
   95  prosecution of theft under subsection (6) or s. 812.014.
   96         (6)Theft of utility services for the purpose of
   97  facilitating the manufacture of a controlled substance is a
   98  felony of the third degree, punishable as provided in s.
   99  775.082, s. 775.083, or s. 775.084.
  100         (7)It is prima facie evidence of a person's intent to
  101  violate subsection (6) if:
  102         (a)The person committed theft of utility services
  103  resulting in a structure, as defined in s. 810.011, or a
  104  dwelling, as defined in s. 810.011, receiving unauthorized
  105  access to utility services;
  106         (b)A controlled substance and materials for manufacturing
  107  the controlled substance were found in the structure or
  108  dwelling; and
  109         (c)The person knew of the presence of the controlled
  110  substance and materials for manufacturing the controlled
  111  substance in the structure or dwelling, regardless of whether
  112  the person was involved in the manufacture of the controlled
  113  substance.
  114         (8)(5) Whoever is found in a civil action to have violated
  115  the provisions of this section is hereof shall be liable to the
  116  utility involved in an amount equal to 3 times the amount of
  117  services unlawfully obtained or $1,000, whichever is greater.
  118         (9)(6)Nothing in This section does not act shall be
  119  construed to apply to licensed and certified electrical
  120  contractors while performing usual and ordinary service in
  121  accordance with recognized standards.
  122         Section 2. This act shall take effect July 1, 2009.
  123  
  124  ================= T I T L E  A M E N D M E N T ================
  125         And the title is amended as follows:
  126         Delete everything before the enacting clause
  127  and insert:
  128                        A bill to be entitled                      
  129         An act relating to the unlawful use of utility
  130         services; amending s. 812.14, F.S.; providing that a
  131         rebuttable presumption of a person’s or entity’s
  132         intent to unlawfully use utility services exists under
  133         certain circumstances; providing penalties; providing
  134         that theft of utility services for the purpose of
  135         manufacturing a controlled substance is a third-degree
  136         felony; providing that prosecution of theft of utility
  137         services for the purpose of manufacturing a controlled
  138         substance is in lieu of prosecution for theft pursuant
  139         to s. 812.014, F.S.; providing for prima facie
  140         evidence of intent to commit theft of utility services
  141         for the purpose of manufacturing a controlled
  142         substance; providing an effective date.