HB 29

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

CODING: Words stricken are deletions; words underlined are additions.