Florida Senate - 2012                                    SB 1276
       
       
       
       By Senator Latvala
       
       
       
       
       16-00800-12                                           20121276__
    1                        A bill to be entitled                      
    2         An act relating to hiring, leasing, or obtaining
    3         personal property or equipment with the intent to
    4         defraud; amending s. 812.155, F.S.; providing that in
    5         a prosecution for failing to return leased property or
    6         equipment within a specified time to the lawful owner,
    7         failure to return the property after a demand made by
    8         certified mail or courier service creates a rebuttable
    9         presumption that the lessee abandoned or refused to
   10         return the property to the lessor; providing that
   11         notice mailed by certified mail, return receipt
   12         requested, or by delivery by courier with tracking
   13         capabilities, to the address given by the renter at
   14         the time of the rental is sufficient and equivalent to
   15         notice having been received by the renter, if the
   16         notice is returned undelivered; providing that
   17         possession of personal property or equipment by a
   18         third party is not a defense for failing to return the
   19         personal property or equipment to its lawful owner;
   20         providing that a demand for return of overdue property
   21         or equipment and for payment of amounts due may be
   22         made by courier service with tracking capabilities;
   23         providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 812.155, Florida Statutes, is amended to
   28  read:
   29         812.155 Hiring, leasing, or obtaining personal property or
   30  equipment with the intent to defraud; failing to return hired or
   31  leased personal property or equipment; rules of evidence.—
   32         (1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever,
   33  with the intent to defraud the owner or any person lawfully
   34  possessing any personal property or equipment, obtains the
   35  custody of the such personal property or equipment by trick,
   36  deceit, or fraudulent or willful false representation commits
   37  shall be guilty of a misdemeanor of the second degree,
   38  punishable as provided in s. 775.082 or s. 775.083, unless the
   39  value of the personal property or equipment is of a value of
   40  $300 or more; in that case event the person commits violation
   41  constitutes a felony of the third degree, punishable as provided
   42  in s. 775.082, s. 775.083, or s. 775.084.
   43         (2) HIRING OR LEASING WITH THE INTENT TO DEFRAUD.—Whoever,
   44  with intent to defraud the owner or any person lawfully
   45  possessing any personal property or equipment of the rental
   46  thereof, hires or leases the personal property or equipment from
   47  the owner or the owner’s agents or any person in lawful
   48  possession thereof commits shall, upon conviction, be guilty of
   49  a misdemeanor of the second degree, punishable as provided in s.
   50  775.082 or s. 775.083, unless the value of the personal property
   51  or equipment is of a value of $300 or more; in that case event
   52  the person commits violation constitutes a felony of the third
   53  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   54  775.084.
   55         (3) FAILURE TO RETURN REDELIVER HIRED OR LEASED PERSONAL
   56  PROPERTY.—Whoever, after hiring or leasing any personal property
   57  or equipment under an agreement to return redeliver the personal
   58  property same to the person letting the such personal property
   59  or equipment or his or her agent at the termination of the
   60  period for which it was let, shall, without the consent of the
   61  such person or persons knowingly abandon or refuse to return
   62  redeliver the personal property or equipment as agreed, commits
   63  shall, upon conviction, be guilty of a misdemeanor of the second
   64  degree, punishable as provided in s. 775.082 or s. 775.083,
   65  unless the value of the personal property or equipment is of a
   66  value of $300 or more; in that case event the person commits
   67  violation constitutes a felony of the third degree, punishable
   68  as provided in s. 775.082, s. 775.083, or s. 775.084.
   69         (4) EVIDENCE.—
   70         (a) In a prosecution prosecutions under this section,
   71  obtaining the property or equipment under false pretenses;
   72  absconding without payment; or removing or attempting to remove
   73  the property or equipment from the county without the express
   74  written consent of the lessor, is evidence of fraudulent intent.
   75         (b) In a prosecution under subsection (3), failure to
   76  return redeliver the hired or leased personal property or
   77  equipment to the lessor within 5 days after the lessor mailed a
   78  demand to the lessee by certified mail, return receipt
   79  requested, or delivered by courier service, with tracking
   80  capability, the demand to the lessee’s address on the rental
   81  contract after receipt of, or within 5 days after return receipt
   82  from, the certified mailing or delivery by courier service with
   83  tracking capabilities of the demand for return of the property,
   84  creates a rebuttable presumption is evidence of abandonment or
   85  refusal to return redeliver the property. Notice mailed by
   86  certified mail, return receipt requested, or delivery by courier
   87  with tracking capabilities, to the address given by the renter
   88  at the time of rental is shall be deemed sufficient and
   89  equivalent to notice having been received by the renter, should
   90  the notice be returned undelivered.
   91         (c) In a prosecution under subsection (3), failure to pay
   92  any amount due which is incurred as the result of the failure to
   93  redeliver property after the rental period expires, and after
   94  the demand for return creates a rebuttable presumption is made,
   95  is evidence of abandonment or refusal to redeliver the property.
   96  Amounts due include unpaid rental for the time period during
   97  which the property or equipment was not returned and include the
   98  lesser of the cost of repairing or replacing the property or
   99  equipment if it has been damaged.
  100         (d) Possession of personal property or equipment by a third
  101  party is not a defense for failing to return the personal
  102  property or equipment.
  103         (5) DEMAND FOR RETURN.—Demand for return of overdue
  104  property or equipment and for payment of amounts due may be made
  105  in person, by hand delivery, or by certified mail, return
  106  receipt requested, or by courier service with tracking
  107  capabilities, addressed to the lessee’s address shown in the
  108  rental contract.
  109         (6) NOTICE REQUIRED.—As a prerequisite to prosecution under
  110  this section, the following statement must be contained in the
  111  agreement under which the owner or person lawfully possessing
  112  the property or equipment has relinquished its custody, or in an
  113  addendum to that agreement, and the statement must be initialed
  114  by the person hiring or leasing the rental property or
  115  equipment:
  116  
  117  Failure to return rental property or equipment upon expiration
  118  of the rental period and failure to pay all amounts due
  119  (including costs for damage to the property or equipment) are
  120  evidence of abandonment or refusal to redeliver the property,
  121  punishable in accordance with section 812.155, Florida Statutes.
  122         Section 2. This act shall take effect July 1, 2012.