Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 236
       
       
       
       
       
       
                                Barcode 950750                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Criminal and Civil Justice Appropriations
       (Jones) 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) Any person who willfully violates paragraph (2)(a),
   68  paragraph (2)(b), or paragraph (2)(c) commits this section shall
   69  be guilty of a misdemeanor of the first degree, punishable as
   70  provided in s. 775.082 or s. 775.083.
   71         (5)It is unlawful for a person or entity that owns,
   72  leases, or subleases a property to permit a tenant or occupant
   73  to use utility services knowing, or under such circumstances as
   74  would induce a reasonable person to believe, that such utility
   75  services have been connected in violation of paragraph (2)(a),
   76  paragraph (2)(b), or paragraph (2)(c).
   77         (6)It is prima facie evidence of a person’s intent to
   78  violate subsection (5) if:
   79         (a)A controlled substance and materials for manufacturing
   80  the controlled substance intended for sale or distribution to
   81  another were found in a dwelling or structure;
   82         (b)The dwelling or structure has been visibly modified to
   83  accommodate the use of equipment to grow marijuana indoors,
   84  including, but not limited to, the installation of equipment to
   85  provide additional air conditioning, equipment to provide high
   86  wattage lighting, or equipment for hydroponic cultivation; and
   87         (c)The person or entity that owned, leased, or subleased
   88  the dwelling or structure knew of, or did so under such
   89  circumstances as would induce a reasonable person to believe in,
   90  the presence of a controlled substance and materials for
   91  manufacturing a controlled substance in the dwelling or
   92  structure, regardless of whether the person or entity was
   93  involved in the manufacture or sale of a controlled substance or
   94  was in actual possession of the dwelling or structure.
   95         (7)A person who willfully violates subsection (5) commits
   96  a misdemeanor of the first degree, punishable as provided in s.
   97  775.082, s. 775.083, or s. 775.084. Prosecution for a violation
   98  of subsection (5) does not preclude prosecution for theft under
   99  subsection (8) or s. 812.014.
  100         (8)Theft of utility services for the purpose of
  101  facilitating the manufacture of a controlled substance is a
  102  misdemeanor of the first degree, punishable as provided in s.
  103  775.082, s. 775.083, or s. 775.084.
  104         (9)It is prima facie evidence of a person’s intent to
  105  violate subsection (8) if:
  106         (a)The person committed theft of utility services
  107  resulting in a dwelling, as defined in s. 810.011, or a
  108  structure, as defined in s. 810.011, receiving unauthorized
  109  access to utility services;
  110         (b)A controlled substance and materials for manufacturing
  111  the controlled substance were found in the dwelling or
  112  structure; and
  113         (c)The person knew of the presence of the controlled
  114  substance and materials for manufacturing the controlled
  115  substance in the dwelling or structure, regardless of whether
  116  the person was involved in the manufacture of the controlled
  117  substance.
  118         (10)(5) Whoever is found in a civil action to have violated
  119  the provisions of this section is hereof shall be liable to the
  120  utility involved in an amount equal to 3 times the amount of
  121  services unlawfully obtained or $1,000, whichever is greater.
  122         (11)(6)Nothing in This section does not act shall be
  123  construed to apply to licensed and certified electrical
  124  contractors while performing usual and ordinary service in
  125  accordance with recognized standards.
  126         Section 2. This act shall take effect October 1, 2009.
  127  
  128  ================= T I T L E  A M E N D M E N T ================
  129         And the title is amended as follows:
  130         Delete everything before the enacting clause
  131  and insert:
  132                        A bill to be entitled                      
  133         An act relating to the unlawful use of utility
  134         services; amending s. 812.14, F.S.; providing criminal
  135         penalties for permitting a tenant or occupant to use
  136         unlawfully connected utility services; providing that
  137         such violation is a first-degree misdemeanor;
  138         providing for prima facie evidence of intent to
  139         violate such prohibition; providing that theft of
  140         utility services for the purpose of manufacturing a
  141         controlled substance is a first-degree misdemeanor;
  142         providing penalties; providing for prima facie
  143         evidence of intent to commit theft of utility services
  144         for the purpose of manufacturing a controlled
  145         substance; providing an effective date.