CS/CS/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 criminal penalties for
4	permitting a tenant or occupant to use unlawfully
5	connected utility services; providing that such violation
6	is a third-degree felony; providing for prima facie
7	evidence of intent to violate such prohibition; providing
8	that theft of utility services for the purpose of
9	manufacturing a controlled substance is a third-degree
10	felony; providing penalties; providing for prima facie
11	evidence of intent to commit theft of utility services for
12	the purpose of manufacturing a controlled substance;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 812.14, Florida Statutes, is amended to
18	read:
19	812.14  Trespass and larceny with relation to utility
20	fixtures; theft of utility services.--
21	(1)  As used in this section, "utility" includes any
22	person, firm, corporation, association, or political
23	subdivision, whether private, municipal, county, or cooperative,
24	which is engaged in the sale, generation, provision, or delivery
25	of gas, electricity, heat, water, oil, sewer service, telephone
26	service, telegraph service, radio service, or telecommunication
27	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 felony of the third degree, punishable as provided in s.
110	775.082, s. 775.083, or s. 775.084. Prosecution for a violation
111	of subsection (5) does not preclude prosecution for theft under
112	subsection (8) 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	felony of the third degree, punishable as provided in s.
116	775.082, s. 775.083, or s. 775.084.
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
132	violated the provisions of this section is hereof shall be
133	liable to the utility involved in an amount equal to 3 times the
134	amount of services unlawfully obtained or $1,000, whichever is
135	greater.
136	(11)(6)  Nothing in This section does not act shall be
137	construed to apply to licensed and certified electrical
138	contractors while performing usual and ordinary service in
139	accordance with recognized standards.
140	Section 2.  This act shall take effect October 1, 2009.

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