Florida Senate - 2009                       CS for CS for SB 236
       
       
       
       By the Committees on Judiciary; and Criminal Justice; and
       Senators Dean and Aronberg
       
       
       
       590-02381-09                                           2009236c2
    1                        A bill to be entitled                      
    2         An act relating to the unlawful use of utility
    3         services; amending s. 812.14, F.S.; providing that a
    4         rebuttable presumption of a person’s or entity’s
    5         intent to unlawfully use utility services exists under
    6         certain circumstances; providing penalties; providing
    7         that theft of utility services for the purpose of
    8         manufacturing a controlled substance is a third-degree
    9         felony; providing that prosecution of theft of utility
   10         services for the purpose of manufacturing a controlled
   11         substance is in lieu of prosecution for theft pursuant
   12         to s. 812.014, F.S.; providing for prima facie
   13         evidence of intent to commit theft of utility services
   14         for the purpose of manufacturing a controlled
   15         substance; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 812.14, Florida Statutes, is amended to
   20  read:
   21         812.14 Trespass and larceny with relation to utility
   22  fixtures; theft of utility services.—
   23         (1) As used in this section, “utility” includes any person,
   24  firm, corporation, association, or political subdivision,
   25  whether private, municipal, county, or cooperative, which is
   26  engaged in the sale, generation, provision, or delivery of gas,
   27  electricity, heat, water, oil, sewer service, telephone service,
   28  telegraph service, radio service, or telecommunication service.
   29         (2) It is unlawful to:
   30         (a) Willfully alter, tamper with, injure, or knowingly
   31  suffer to be injured any meter, meter seal, pipe, conduit, wire,
   32  line, cable, transformer, amplifier, or other apparatus or
   33  device belonging to a utility line service in such a manner as
   34  to cause loss or damage or to prevent any meter installed for
   35  registering electricity, gas, or water from registering the
   36  quantity which otherwise would pass through the same; or to
   37  alter the index or break the seal of any such meter; or in any
   38  way to hinder or interfere with the proper action or just
   39  registration of any such meter or device; or knowingly to use,
   40  waste, or suffer the waste, by any means, of electricity or gas
   41  or water passing through any such meter, wire, pipe, or fitting,
   42  or other appliance or appurtenance connected with or belonging
   43  to any such utility, after such meter, wire, pipe or fitting, or
   44  other appliance or appurtenance has been tampered with, injured,
   45  or altered.
   46         (b) Make or cause to be made any connection with any wire,
   47  main, service pipe or other pipes, appliance, or appurtenance in
   48  such manner as to use, without the consent of the utility, any
   49  service or any electricity, gas, or water, or to cause to be
   50  supplied any service or electricity, gas, or water from a
   51  utility to any person, firm, or corporation or any lamp, burner,
   52  orifice, faucet, or other outlet whatsoever, without such
   53  service being reported for payment or such electricity, gas, or
   54  water passing through a meter provided by the utility and used
   55  for measuring and registering the quantity of electricity, gas,
   56  or water passing through the same.
   57         (c) Use or receive the direct benefit from the use of a
   58  utility knowing, or under such circumstances as would induce a
   59  reasonable person to believe, that such direct benefits have
   60  resulted from any tampering with, altering of, or injury to any
   61  connection, wire, conductor, meter, pipe, conduit, line, cable,
   62  transformer, amplifier, or other apparatus or device owned,
   63  operated, or controlled by such utility, for the purpose of
   64  avoiding payment.
   65         (3) The presence on property in the actual possession of a
   66  person of any device or alteration that which affects the
   67  diversion or use of the services of a utility so as to avoid the
   68  registration of such use by or on a meter installed by the
   69  utility or so as to otherwise avoid the reporting of use of such
   70  service for payment is shall be prima facie evidence of the
   71  violation of this section by such person; however, this
   72  presumption does shall not apply unless:
   73         (a) The presence of such a device or alteration can be
   74  attributed only to a deliberate act in furtherance of an intent
   75  to avoid payment for utility services;
   76         (b) The person charged has received the direct benefit of
   77  the reduction of the cost of such utility services; and
   78         (c) The customer or recipient of the utility services has
   79  received the direct benefit of such utility service for at least
   80  one full billing cycle.
   81         (4)A rebuttable presumption of a person’s or entity’s
   82  intent to violate paragraph (2)(b) exists if:
   83         (a)A controlled substance and materials for manufacturing
   84  the controlled substance intended for sale or distribution to
   85  another were found in a structure or dwelling;
   86         (b)Materials or equipment for manufacturing the controlled
   87  substance have been in the structure or dwelling for at least 1
   88  year;
   89         (c)The dwelling or structure has been visibly modified to
   90  accommodate the use of equipment to grow marijuana indoors,
   91  including, but not limited to, the installation of equipment to
   92  provide additional air conditioning, equipment to provide high
   93  wattage lighting, or equipment for hydroponic cultivation; and
   94         (d)The person or entity who owned, leased, or subleased
   95  the structure or dwelling knew or should have known, through the
   96  exercise of due diligence, of the presence of the controlled
   97  substance and materials for manufacturing the controlled
   98  substance in the structure or dwelling, regardless of whether
   99  the person or entity was involved in the manufacture or sale of
  100  the controlled substance or was in actual possession of the
  101  structure or dwelling.
  102         (5)(4) Any person who willfully violates paragraph (2)(a)
  103  or paragraph (2)(c) commits this section shall be guilty of a
  104  misdemeanor of the first degree, punishable as provided in s.
  105  775.082 or s. 775.083. Any person who willfully violates
  106  paragraph (2)(b) commits a felony of the third degree,
  107  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  108  Prosecution of a violation of subsection (2) does not preclude
  109  prosecution of theft under subsection (6) or s. 812.014.
  110         (6)Theft of utility services for the purpose of
  111  facilitating the manufacture of a controlled substance is a
  112  felony of the third degree, punishable as provided in s.
  113  775.082, s. 775.083, or s. 775.084.
  114         (7)It is prima facie evidence of a person’s intent to
  115  violate subsection (6) if:
  116         (a)The person committed theft of utility services
  117  resulting in a structure, as defined in s. 810.011, or a
  118  dwelling, as defined in s. 810.011, receiving unauthorized
  119  access to utility services;
  120         (b)A controlled substance and materials for manufacturing
  121  the controlled substance were found in the structure or
  122  dwelling; and
  123         (c)The person knew of the presence of the controlled
  124  substance and materials for manufacturing the controlled
  125  substance in the structure or dwelling, regardless of whether
  126  the person was involved in the manufacture of the controlled
  127  substance.
  128         (8)(5) Whoever is found in a civil action to have violated
  129  the provisions of this section is hereof shall be liable to the
  130  utility involved in an amount equal to 3 times the amount of
  131  services unlawfully obtained or $1,000, whichever is greater.
  132         (9)(6)Nothing in This section does not act shall be
  133  construed to apply to licensed and certified electrical
  134  contractors while performing usual and ordinary service in
  135  accordance with recognized standards.
  136         Section 2. This act shall take effect October 1, 2009.