Florida Senate - 2009                CS for CS for CS for SB 236
       
       
       
       By the Committees on Criminal and Civil Justice Appropriations;
       Judiciary; and Criminal Justice; and Senators Dean, Aronberg,
       Baker, and Crist
       
       
       604-05711-09                                           2009236c3
    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 criminal
    4         penalties for permitting a tenant or occupant to use
    5         unlawfully connected utility services; providing that
    6         such violation is a first-degree misdemeanor;
    7         providing for prima facie evidence of intent to
    8         violate such prohibition; providing that theft of
    9         utility services for the purpose of manufacturing a
   10         controlled substance is a first-degree misdemeanor;
   11         providing penalties; providing for prima facie
   12         evidence of intent to commit theft of utility services
   13         for the purpose of manufacturing a controlled
   14         substance; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 812.14, Florida Statutes, is amended to
   19  read:
   20         812.14 Trespass and larceny with relation to utility
   21  fixtures; theft of utility services.—
   22         (1) As used in this section, “utility” includes any person,
   23  firm, corporation, association, or political subdivision,
   24  whether private, municipal, county, or cooperative, which is
   25  engaged in the sale, generation, provision, or delivery of gas,
   26  electricity, heat, water, oil, sewer service, telephone service,
   27  telegraph service, radio service, or telecommunication service.
   28         (2) It is unlawful to:
   29         (a) Willfully alter, tamper with, injure, or knowingly
   30  suffer to be injured any meter, meter seal, pipe, conduit, wire,
   31  line, cable, transformer, amplifier, or other apparatus or
   32  device belonging to a utility line service in such a manner as
   33  to cause loss or damage or to prevent any meter installed for
   34  registering electricity, gas, or water from registering the
   35  quantity which otherwise would pass through the same; or to
   36  alter the index or break the seal of any such meter; or in any
   37  way to hinder or interfere with the proper action or just
   38  registration of any such meter or device; or knowingly to use,
   39  waste, or suffer the waste, by any means, of electricity or gas
   40  or water passing through any such meter, wire, pipe, or fitting,
   41  or other appliance or appurtenance connected with or belonging
   42  to any such utility, after such meter, wire, pipe or fitting, or
   43  other appliance or appurtenance has been tampered with, injured,
   44  or altered.
   45         (b) Make or cause to be made any connection with any wire,
   46  main, service pipe or other pipes, appliance, or appurtenance in
   47  such manner as to use, without the consent of the utility, any
   48  service or any electricity, gas, or water, or to cause to be
   49  supplied any service or electricity, gas, or water from a
   50  utility to any person, firm, or corporation or any lamp, burner,
   51  orifice, faucet, or other outlet whatsoever, without such
   52  service being reported for payment or such electricity, gas, or
   53  water passing through a meter provided by the utility and used
   54  for measuring and registering the quantity of electricity, gas,
   55  or water passing through the same.
   56         (c) Use or receive the direct benefit from the use of a
   57  utility knowing, or under such circumstances as would induce a
   58  reasonable person to believe, that such direct benefits have
   59  resulted from any tampering with, altering of, or injury to any
   60  connection, wire, conductor, meter, pipe, conduit, line, cable,
   61  transformer, amplifier, or other apparatus or device owned,
   62  operated, or controlled by such utility, for the purpose of
   63  avoiding payment.
   64         (3) The presence on property in the actual possession of a
   65  person of any device or alteration that which affects the
   66  diversion or use of the services of a utility so as to avoid the
   67  registration of such use by or on a meter installed by the
   68  utility or so as to otherwise avoid the reporting of use of such
   69  service for payment is shall be prima facie evidence of the
   70  violation of this section by such person; however, this
   71  presumption does shall not apply unless:
   72         (a) The presence of such a device or alteration can be
   73  attributed only to a deliberate act in furtherance of an intent
   74  to avoid payment for utility services;
   75         (b) The person charged has received the direct benefit of
   76  the reduction of the cost of such utility services; and
   77         (c) The customer or recipient of the utility services has
   78  received the direct benefit of such utility service for at least
   79  one full billing cycle.
   80         (4) Any person who willfully violates paragraph (2)(a),
   81  paragraph (2)(b), or paragraph (2)(c) commits this section shall
   82  be guilty of a misdemeanor of the first degree, punishable as
   83  provided in s. 775.082 or s. 775.083.
   84         (5)It is unlawful for a person or entity that owns,
   85  leases, or subleases a property to permit a tenant or occupant
   86  to use utility services knowing, or under such circumstances as
   87  would induce a reasonable person to believe, that such utility
   88  services have been connected in violation of paragraph (2)(a),
   89  paragraph (2)(b), or paragraph (2)(c).
   90         (6)It is prima facie evidence of a person’s intent to
   91  violate subsection (5) if:
   92         (a)A controlled substance and materials for manufacturing
   93  the controlled substance intended for sale or distribution to
   94  another were found in a dwelling or structure;
   95         (b)The dwelling or structure has been visibly modified to
   96  accommodate the use of equipment to grow marijuana indoors,
   97  including, but not limited to, the installation of equipment to
   98  provide additional air conditioning, equipment to provide high
   99  wattage lighting, or equipment for hydroponic cultivation; and
  100         (c)The person or entity that owned, leased, or subleased
  101  the dwelling or structure knew of, or did so under such
  102  circumstances as would induce a reasonable person to believe in,
  103  the presence of a controlled substance and materials for
  104  manufacturing a controlled substance in the dwelling or
  105  structure, regardless of whether the person or entity was
  106  involved in the manufacture or sale of a controlled substance or
  107  was in actual possession of the dwelling or structure.
  108         (7)A person who willfully violates subsection (5) commits
  109  a misdemeanor of the first degree, punishable as provided in s.
  110  775.082 or s. 775.083. Prosecution for a violation of subsection
  111  (5) does not preclude prosecution for theft under subsection (8)
  112  or s. 812.014.
  113         (8)Theft of utility services for the purpose of
  114  facilitating the manufacture of a controlled substance is a
  115  misdemeanor of the first degree, punishable as provided in s.
  116  775.082 or s. 775.083.
  117         (9)It is prima facie evidence of a person’s intent to
  118  violate subsection (8) if:
  119         (a)The person committed theft of utility services
  120  resulting in a dwelling, as defined in s. 810.011, or a
  121  structure, as defined in s. 810.011, receiving unauthorized
  122  access to utility services;
  123         (b)A controlled substance and materials for manufacturing
  124  the controlled substance were found in the dwelling or
  125  structure; and
  126         (c)The person knew of the presence of the controlled
  127  substance and materials for manufacturing the controlled
  128  substance in the dwelling or structure, regardless of whether
  129  the person was involved in the manufacture of the controlled
  130  substance.
  131         (10)(5) Whoever is found in a civil action to have violated
  132  the provisions of this section is hereof shall be liable to the
  133  utility involved in an amount equal to 3 times the amount of
  134  services unlawfully obtained or $1,000, whichever is greater.
  135         (11)(6)Nothing in This section does not act shall be
  136  construed to apply to licensed and certified electrical
  137  contractors while performing usual and ordinary service in
  138  accordance with recognized standards.
  139         Section 2. This act shall take effect October 1, 2009.