CS/CS/CS/HB 29

1
A bill to be entitled
2An act relating to the unlawful use of utility services;
3amending s. 812.14, F.S.; providing criminal penalties for
4permitting a tenant or occupant to use unlawfully
5connected utility services; providing that such violation
6is a third-degree felony; providing for prima facie
7evidence of intent to violate such prohibition; providing
8that theft of utility services for the purpose of
9manufacturing a controlled substance is a third-degree
10felony; providing penalties; providing for prima facie
11evidence of intent to commit theft of utility services for
12the purpose of manufacturing a controlled substance;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 812.14, Florida Statutes, is amended to
18read:
19     812.14  Trespass and larceny with relation to utility
20fixtures; theft of utility services.--
21     (1)  As used in this section, "utility" includes any
22person, firm, corporation, association, or political
23subdivision, whether private, municipal, county, or cooperative,
24which is engaged in the sale, generation, provision, or delivery
25of gas, electricity, heat, water, oil, sewer service, telephone
26service, telegraph service, radio service, or telecommunication
27service.
28     (2)  It is unlawful to:
29     (a)  Willfully alter, tamper with, injure, or knowingly
30suffer to be injured any meter, meter seal, pipe, conduit, wire,
31line, cable, transformer, amplifier, or other apparatus or
32device belonging to a utility line service in such a manner as
33to cause loss or damage or to prevent any meter installed for
34registering electricity, gas, or water from registering the
35quantity which otherwise would pass through the same; or to
36alter the index or break the seal of any such meter; or in any
37way to hinder or interfere with the proper action or just
38registration of any such meter or device; or knowingly to use,
39waste, or suffer the waste, by any means, of electricity or gas
40or water passing through any such meter, wire, pipe, or fitting,
41or other appliance or appurtenance connected with or belonging
42to any such utility, after such meter, wire, pipe or fitting, or
43other appliance or appurtenance has been tampered with, injured,
44or altered.
45     (b)  Make or cause to be made any connection with any wire,
46main, service pipe or other pipes, appliance, or appurtenance in
47such manner as to use, without the consent of the utility, any
48service or any electricity, gas, or water, or to cause to be
49supplied any service or electricity, gas, or water from a
50utility to any person, firm, or corporation or any lamp, burner,
51orifice, faucet, or other outlet whatsoever, without such
52service being reported for payment or such electricity, gas, or
53water passing through a meter provided by the utility and used
54for measuring and registering the quantity of electricity, gas,
55or water passing through the same.
56     (c)  Use or receive the direct benefit from the use of a
57utility knowing, or under such circumstances as would induce a
58reasonable person to believe, that such direct benefits have
59resulted from any tampering with, altering of, or injury to any
60connection, wire, conductor, meter, pipe, conduit, line, cable,
61transformer, amplifier, or other apparatus or device owned,
62operated, or controlled by such utility, for the purpose of
63avoiding payment.
64     (3)  The presence on property in the actual possession of a
65person of any device or alteration that which affects the
66diversion or use of the services of a utility so as to avoid the
67registration of such use by or on a meter installed by the
68utility or so as to otherwise avoid the reporting of use of such
69service for payment is shall be prima facie evidence of the
70violation of this section by such person; however, this
71presumption does shall not apply unless:
72     (a)  The presence of such a device or alteration can be
73attributed only to a deliberate act in furtherance of an intent
74to avoid payment for utility services;
75     (b)  The person charged has received the direct benefit of
76the reduction of the cost of such utility services; and
77     (c)  The customer or recipient of the utility services has
78received the direct benefit of such utility service for at least
79one full billing cycle.
80     (4)  Any person who willfully violates paragraph (2)(a),
81paragraph (2)(b), or paragraph (2)(c) commits this section shall
82be guilty of a misdemeanor of the first degree, punishable as
83provided in s. 775.082 or s. 775.083.
84     (5)  It is unlawful for a person or entity that owns,
85leases, or subleases a property to permit a tenant or occupant
86to use utility services knowing, or under such circumstances as
87would induce a reasonable person to believe, that such utility
88services have been connected in violation of paragraph (2)(a),
89paragraph (2)(b), or paragraph (2)(c).
90     (6)  It is prima facie evidence of a person's intent to
91violate subsection (5) if:
92     (a)  A controlled substance and materials for manufacturing
93the controlled substance intended for sale or distribution to
94another were found in a dwelling or structure;
95     (b)  The dwelling or structure has been visibly modified to
96accommodate the use of equipment to grow marijuana indoors,
97including, but not limited to, the installation of equipment to
98provide additional air conditioning, equipment to provide high-
99wattage lighting, or equipment for hydroponic cultivation; and
100     (c)  The person or entity that owned, leased, or subleased
101the dwelling or structure knew of, or did so under such
102circumstances as would induce a reasonable person to believe in,
103the presence of a controlled substance and materials for
104manufacturing a controlled substance in the dwelling or
105structure, regardless of whether the person or entity was
106involved in the manufacture or sale of a controlled substance or
107was in actual possession of the dwelling or structure.
108     (7)  A person who willfully violates subsection (5) commits
109a felony of the third degree, punishable as provided in s.
110775.082, s. 775.083, or s. 775.084. Prosecution for a violation
111of subsection (5) does not preclude prosecution for theft under
112subsection (8) or s. 812.014.
113     (8)  Theft of utility services for the purpose of
114facilitating the manufacture of a controlled substance is a
115felony of the third degree, punishable as provided in s.
116775.082, s. 775.083, or s. 775.084.
117     (9)  It is prima facie evidence of a person's intent to
118violate subsection (8) if:
119     (a)  The person committed theft of utility services
120resulting in a dwelling, as defined in s. 810.011, or a
121structure, as defined in s. 810.011, receiving unauthorized
122access to utility services;
123     (b)  A controlled substance and materials for manufacturing
124the controlled substance were found in the dwelling or
125structure; and
126     (c)  The person knew of the presence of the controlled
127substance and materials for manufacturing the controlled
128substance in the dwelling or structure, regardless of whether
129the person was involved in the manufacture of the controlled
130substance.
131     (10)(5)  Whoever is found in a civil action to have
132violated the provisions of this section is hereof shall be
133liable to the utility involved in an amount equal to 3 times the
134amount of services unlawfully obtained or $1,000, whichever is
135greater.
136     (11)(6)  Nothing in This section does not act shall be
137construed to apply to licensed and certified electrical
138contractors while performing usual and ordinary service in
139accordance with recognized standards.
140     Section 2.  This act shall take effect October 1, 2009.


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