Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1276
Barcode 820280
LEGISLATIVE ACTION
Senate . House
Comm: RS .
01/25/2012 .
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The Committee on Criminal Justice (Dean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 75 - 121
4 and insert:
5 (b) In a prosecution under subsection (3), failure to
6 redeliver the property or equipment within 5 days after
7 receiving the demand for return from a courier service with
8 tracking capability or by certified mail, return receipt
9 requested receipt of, or within 5 days after delivery by the
10 courier service or return receipt from, the certified mailing of
11 the demand for return, is prima facie evidence of abandonment or
12 refusal to redeliver the property or equipment. Notice mailed by
13 certified mail, return receipt requested, or delivery by courier
14 with tracking capability to the address given by the renter at
15 the time of rental is shall be deemed sufficient and equivalent
16 to notice having been received by the renter, should the notice
17 be returned undelivered.
18 (c) In a prosecution under subsection (3), failure to pay
19 any amount due which is incurred as the result of the failure to
20 redeliver property or equipment after the rental period expires,
21 and after the demand for return is made, is prima facie evidence
22 of abandonment or refusal to redeliver the property or
23 equipment. Amounts due include unpaid rental for the time period
24 during which the property or equipment was not returned and
25 include the lesser of the cost of repairing or replacing the
26 property or equipment if it has been damaged.
27 (5) DEMAND FOR RETURN.—Demand for return of overdue
28 property or equipment and for payment of amounts due may be made
29 in person, by hand delivery, or by certified mail, return
30 receipt requested, or by courier service with tracking
31 capability, addressed to the lessee’s address shown in the
32 rental contract.
33 (6) NOTICE REQUIRED.—As a prerequisite to prosecution under
34 this section, the following statement must be contained in the
35 agreement under which the owner or person lawfully possessing
36 the property or equipment has relinquished its custody, or in an
37 addendum to that agreement, and the statement must be initialed
38 by the person hiring or leasing the rental property or
39 equipment:
40
41 Failure to return rental property or equipment upon
42 expiration of the rental period and failure to pay all
43 amounts due (including costs for damage to the
44 property or equipment) are evidence of abandonment or
45 refusal to redeliver the property, punishable in
46 accordance with section 812.155, Florida Statutes.
47 (7) POSSESSION BY OTHERS NOT A DEFENSE.—Possession of
48 personal property or equipment by a third party is not a defense
49 to failure to return the property or equipment.
50 (8) REPORTING VEHICLE AS STOLEN.—A lessor of a vehicle that
51 is not returned at the conclusion of the lease who satisfies the
52 requirements of this section regarding the vehicle is entitled
53 to report the vehicle as stolen to a law enforcement agency and
54 have the vehicle listed as stolen on any local or national
55 registry of such vehicles.
56
57 ================= T I T L E A M E N D M E N T ================
58 And the title is amended as follows:
59 Delete lines 5 - 22
60 and insert:
61 a prosecution for failing to redeliver property or
62 equipment within a specified time after receiving the
63 demand for return from a courier service with tracking
64 capability or by certified mail, return receipt
65 requested, or within a specified time after delivery
66 by the courier service or return receipt from the
67 certified mailing of the demand for return, is prima
68 facie evidence of abandonment or refusal to redeliver
69 the property or equipment; providing that notice
70 mailed by delivery by courier with tracking capability
71 to the address given by the renter at the time of the
72 rental is sufficient and equivalent to notice having
73 been received by the renter, if the notice is returned
74 undelivered; providing that in a prosecution for
75 failing to pay any amount due which is incurred as the
76 result of the failure to redeliver property or
77 equipment after the rental period expires, and after
78 the demand for return is made, is prima facie evidence
79 of abandonment or refusal to redeliver the property or
80 equipment; providing that a demand for return of
81 overdue property or equipment and for payment of
82 amounts due may be made by courier service with
83 tracking capability; providing that possession of
84 personal property or equipment by a third party is not
85 a defense to failure to return the property or
86 equipment; providing that a lessor of a vehicle that
87 is not returned at the conclusion of a lease is
88 entitled to report the vehicle as stolen to a law
89 enforcement agency and have the vehicle listed as
90 stolen on any local or national registry of such
91 vehicles;