Florida Senate - 2009 SB 236
By Senator Dean
3-00014C-09 2009236__
1 A bill to be entitled
2 An act relating to unlawful use of utility services;
3 amending s. 812.14, F.S.; providing a definition;
4 prohibiting trespass and larceny in relation to
5 utility fixtures for the purpose of manufacturing a
6 controlled substance; providing for prima facie
7 evidence of the intent to commit such offense;
8 providing that trespass and larceny in relation to
9 utility fixtures for the purpose of manufacturing a
10 controlled substance is a third-degree felony;
11 providing that prosecution for trespass and larceny in
12 relation to utility fixtures does not preclude
13 prosecution for theft of utility services; providing
14 that theft of utility services for the purpose of
15 manufacturing a controlled substance is a third-degree
16 felony; providing that prosecution of theft of utility
17 services for the purpose of manufacturing a controlled
18 substance is in lieu of prosecution for theft pursuant
19 to s. 812.014, F.S.; providing for prima facie
20 evidence of intent to commit theft of utility services
21 for the purpose of manufacturing a controlled
22 substance; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 812.14, Florida Statutes, is amended to
27 read:
28 812.14 Trespass and larceny with relation to utility
29 fixtures; theft of utility services.—
30 (1) As used in this section, the term:
31 (a) “Manufacture” has the same meaning as in s. 893.02.
32 (b) “Utility” includes any person, firm, corporation,
33 association, or political subdivision, whether private,
34 municipal, county, or cooperative, which is engaged in the sale,
35 generation, provision, or delivery of gas, electricity, heat,
36 water, oil, sewer service, telephone service, telegraph service,
37 radio service, or telecommunication service.
38 (2) It is unlawful to:
39 (a) Willfully alter, tamper with, injure, or knowingly
40 suffer to be injured any meter, meter seal, pipe, conduit, wire,
41 line, cable, transformer, amplifier, or other apparatus or
42 device belonging to a utility line service in such a manner as
43 to cause loss or damage or to prevent any meter installed for
44 registering electricity, gas, or water from registering the
45 quantity which otherwise would pass through the same; or to
46 alter the index or break the seal of any such meter; or in any
47 way to hinder or interfere with the proper action or just
48 registration of any such meter or device; or knowingly to use,
49 waste, or suffer the waste, by any means, of electricity or gas
50 or water passing through any such meter, wire, pipe, or fitting,
51 or other appliance or appurtenance connected with or belonging
52 to any such utility, after such meter, wire, pipe or fitting, or
53 other appliance or appurtenance has been tampered with, injured,
54 or altered.
55 (b) Make or cause to be made any connection with any wire,
56 main, service pipe or other pipes, appliance, or appurtenance in
57 such manner as to use, without the consent of the utility, any
58 service or any electricity, gas, or water, or to cause to be
59 supplied any service or electricity, gas, or water from a
60 utility to any person, firm, or corporation or any lamp, burner,
61 orifice, faucet, or other outlet whatsoever, without such
62 service being reported for payment or such electricity, gas, or
63 water passing through a meter provided by the utility and used
64 for measuring and registering the quantity of electricity, gas,
65 or water passing through the same.
66 (c) Use or receive the direct benefit from the use of a
67 utility knowing, or under such circumstances as would induce a
68 reasonable person to believe, that such direct benefits have
69 resulted from any tampering with, altering of, or injury to any
70 connection, wire, conductor, meter, pipe, conduit, line, cable,
71 transformer, amplifier, or other apparatus or device owned,
72 operated, or controlled by such utility, for the purpose of
73 avoiding payment.
74 (d) Violate paragraph (a), paragraph (b), or paragraph (c)
75 for the purpose of facilitating the manufacture of a controlled
76 substance.
77 (3) The presence on property in the actual possession of a
78 person of any device or alteration that which affects the
79 diversion or use of the services of a utility so as to avoid the
80 registration of such use by or on a meter installed by the
81 utility or so as to otherwise avoid the reporting of use of such
82 service for payment is shall be prima facie evidence of the
83 violation of this section by such person; however, this
84 presumption does shall not apply unless:
85 (a) The presence of such a device or alteration can be
86 attributed only to a deliberate act in furtherance of an intent
87 to avoid payment for utility services;
88 (b) The person charged has received the direct benefit of
89 the reduction of the cost of such utility services; and
90 (c) The customer or recipient of the utility services has
91 received the direct benefit of such utility service for at least
92 one full billing cycle.
93 (4) It is prima facie evidence of a person's intent to
94 violate paragraph (2)(d) if:
95 (a) The person violated paragraph (2)(a), paragraph (2)(b),
96 or paragraph (2)(c), resulting in a structure, as defined in s.
97 810.011, or a dwelling, as defined in s. 810.011, receiving
98 unauthorized access to utility services;
99 (b) A controlled substance and materials for manufacturing
100 the controlled substance were found in the structure or
101 dwelling; and
102 (c) The person knew of the presence of the controlled
103 substance and materials for manufacturing the controlled
104 substance in the structure or dwelling, regardless of whether
105 the person was involved in the manufacture of the controlled
106 substance.
107 (5)(4) Any person who willfully violates paragraph (2)(a),
108 paragraph (2)(b), or paragraph (2)(c) commits this section shall
109 be guilty of a misdemeanor of the first degree, punishable as
110 provided in s. 775.082 or s. 775.083. Any person who willfully
111 violates paragraph (2)(d) commits a felony of the third degree,
112 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
113 Prosecution of a violation of subsection (2) does not preclude
114 prosecution of theft under subsection (6) or s. 812.014.
115 (6) Theft of utility services for the purpose of
116 facilitating the manufacture of a controlled substance is a
117 felony of the third degree, punishable as provided in s.
118 775.082, s. 775.083, or s. 775.084. Prosecution pursuant this
119 subsection is in lieu of prosecution for theft under s. 812.014.
120 (7) It is prima facie evidence of a person's intent to
121 violate subsection (6) if:
122 (a) The person committed theft of utility services
123 resulting in a structure, as defined in s. 810.011, or a
124 dwelling, as defined in s. 810.011, receiving unauthorized
125 access to utility services;
126 (b) A controlled substance and materials for manufacturing
127 the controlled substance were found in the structure or
128 dwelling; and
129 (c) The person knew of the presence of the controlled
130 substance and materials for manufacturing the controlled
131 substance in the structure or dwelling, regardless of whether
132 the person was involved in the manufacture of the controlled
133 substance.
134 (8)(5) Whoever is found in a civil action to have violated
135 the provisions of this section is hereof shall be liable to the
136 utility involved in an amount equal to 3 times the amount of
137 services unlawfully obtained or $1,000, whichever is greater.
138 (9)(6) Nothing in This section does not act shall be
139 construed to apply to licensed and certified electrical
140 contractors while performing usual and ordinary service in
141 accordance with recognized standards.
142 Section 2. This act shall take effect July 1, 2009.