Florida Senate - 2012                             CS for SB 1276
       
       
       
       By the Committee on Criminal Justice; and Senator Latvala
       
       
       
       
       591-02369-12                                          20121276c1
    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, failing to redeliver property or
    6         equipment within a specified time after receiving the
    7         demand for return from a courier service with tracking
    8         capability or by certified mail, return receipt
    9         requested, or within a specified time after delivery
   10         by the courier service or return receipt from the
   11         certified mailing of the demand for return, is prima
   12         facie evidence of abandonment or refusal to redeliver
   13         the property or equipment; providing that notice
   14         mailed by delivery by courier with tracking capability
   15         to the address given by the renter at the time of the
   16         rental is sufficient and equivalent to notice having
   17         been received by the renter, if the notice is returned
   18         undelivered; providing that in a prosecution for
   19         failing to pay any amount due which is incurred as the
   20         result of the failure to redeliver property or
   21         equipment after the rental period expires, and after
   22         the demand for return is made, is prima facie evidence
   23         of abandonment or refusal to redeliver the property or
   24         equipment; providing that a demand for return of
   25         overdue property or equipment and for payment of
   26         amounts due may be made by courier service with
   27         tracking capability; providing that possession of
   28         personal property or equipment by a third party does
   29         not alleviate the lessee of his or her obligation to
   30         return the personal property or equipment according to
   31         the terms stated in the contract; providing an
   32         exception when the personal property or equipment was
   33         obtained without the lessee’s consent; providing that
   34         a lessor of a vehicle that is not returned at the
   35         conclusion of a lease is entitled to report the
   36         vehicle as stolen to a law enforcement agency and have
   37         the vehicle listed as stolen on any local or national
   38         registry of such vehicles; providing an effective
   39         date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 812.155, Florida Statutes, is amended to
   44  read:
   45         812.155 Hiring, leasing, or obtaining personal property or
   46  equipment with the intent to defraud; failing to return hired or
   47  leased personal property or equipment; rules of evidence.—
   48         (1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever,
   49  with the intent to defraud the owner or any person lawfully
   50  possessing any personal property or equipment, obtains the
   51  custody of the such personal property or equipment by trick,
   52  deceit, or fraudulent or willful false representation commits
   53  shall be guilty of a misdemeanor of the second degree,
   54  punishable as provided in s. 775.082 or s. 775.083, unless the
   55  value of the personal property or equipment is of a value of
   56  $300 or more; in that case event the person commits violation
   57  constitutes a felony of the third degree, punishable as provided
   58  in s. 775.082, s. 775.083, or s. 775.084.
   59         (2) HIRING OR LEASING WITH THE INTENT TO DEFRAUD.—Whoever,
   60  with intent to defraud the owner or any person lawfully
   61  possessing any personal property or equipment of the rental
   62  thereof, hires or leases the personal property or equipment from
   63  the owner or the owner’s agents or any person in lawful
   64  possession thereof commits shall, upon conviction, be guilty of
   65  a misdemeanor of the second degree, punishable as provided in s.
   66  775.082 or s. 775.083, unless the value of the personal property
   67  or equipment is of a value of $300 or more; in that case event
   68  the person commits violation constitutes a felony of the third
   69  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   70  775.084.
   71         (3) FAILURE TO RETURN REDELIVER HIRED OR LEASED PERSONAL
   72  PROPERTY.—Whoever, after hiring or leasing any personal property
   73  or equipment under an agreement to return redeliver the personal
   74  property same to the person letting the such personal property
   75  or equipment or his or her agent at the termination of the
   76  period for which it was let, shall, without the consent of the
   77  such person or persons knowingly abandon or refuse to return
   78  redeliver the personal property or equipment as agreed, commits
   79  shall, upon conviction, be guilty of a misdemeanor of the second
   80  degree, punishable as provided in s. 775.082 or s. 775.083,
   81  unless the value of the personal property or equipment is of a
   82  value of $300 or more; in that case event the person commits
   83  violation constitutes a felony of the third degree, punishable
   84  as provided in s. 775.082, s. 775.083, or s. 775.084.
   85         (4) EVIDENCE.—
   86         (a) In a prosecution prosecutions under this section,
   87  obtaining the property or equipment under false pretenses;
   88  absconding without payment; or removing or attempting to remove
   89  the property or equipment from the county without the express
   90  written consent of the lessor, is evidence of fraudulent intent.
   91         (b) In a prosecution under subsection (3), failure to
   92  redeliver the property or equipment within 5 days after
   93  receiving the demand for return from a courier service with
   94  tracking capability or by certified mail, return receipt
   95  requested receipt of, or within 5 days after delivery by the
   96  courier service or return receipt from, the certified mailing of
   97  the demand for return, is prima facie evidence of abandonment or
   98  refusal to redeliver the property or equipment. Notice mailed by
   99  certified mail, return receipt requested, or delivery by courier
  100  with tracking capability to the address given by the renter at
  101  the time of rental is shall be deemed sufficient and equivalent
  102  to notice having been received by the renter, should the notice
  103  be returned undelivered.
  104         (c) In a prosecution under subsection (3), failure to pay
  105  any amount due which is incurred as the result of the failure to
  106  redeliver property or equipment after the rental period expires,
  107  and after the demand for return is made, is prima facie evidence
  108  of abandonment or refusal to redeliver the property or
  109  equipment. Amounts due include unpaid rental for the time period
  110  during which the property or equipment was not returned and
  111  include the lesser of the cost of repairing or replacing the
  112  property or equipment if it has been damaged.
  113         (5) DEMAND FOR RETURN.—Demand for return of overdue
  114  property or equipment and for payment of amounts due may be made
  115  in person, by hand delivery, or by certified mail, return
  116  receipt requested, or by courier service with tracking
  117  capability, addressed to the lessee’s address shown in the
  118  rental contract.
  119         (6) NOTICE REQUIRED.—As a prerequisite to prosecution under
  120  this section, the following statement must be contained in the
  121  agreement under which the owner or person lawfully possessing
  122  the property or equipment has relinquished its custody, or in an
  123  addendum to that agreement, and the statement must be initialed
  124  by the person hiring or leasing the rental property or
  125  equipment:
  126  
  127         Failure to return rental property or equipment upon
  128         expiration of the rental period and failure to pay all
  129         amounts due (including costs for damage to the
  130         property or equipment) are evidence of abandonment or
  131         refusal to redeliver the property, punishable in
  132         accordance with section 812.155, Florida Statutes.
  133         (7) THIRD PARTY POSSESSION.—Possession of personal property
  134  or equipment by a third party does not alleviate the lessee of
  135  his or her obligation to return the personal property or
  136  equipment according to the terms stated in the contract by which
  137  the property or equipment was leased or rented to the lessee,
  138  and is not a defense against failure to return unless the lessee
  139  provides the court or property owner with documentation that
  140  demonstrates that the personal property or equipment was
  141  obtained without the lessee’s consent.
  142         (8) REPORTING VEHICLE AS STOLEN.—A lessor of a vehicle that
  143  is not returned at the conclusion of the lease who satisfies the
  144  requirements of this section regarding the vehicle is entitled
  145  to report the vehicle as stolen to a law enforcement agency and
  146  have the vehicle listed as stolen on any local or national
  147  registry of such vehicles.
  148         Section 2. This act shall take effect July 1, 2012.