CS/HB 29

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

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