Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 540
       
       
       
       
       
       
                                Barcode 654148                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2012           .                                
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       The Committee on Community Affairs (Norman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 603 - 614
    4  and insert:
    5         Section 10. Paragraph (d) of subsection (1) and subsection
    6  (2) of section 812.145, Florida Statutes, are amended, and
    7  subsection (3) is added to that section, to read:
    8         812.145 Theft of copper or other nonferrous metals.—
    9         (1) As used in this section, the terms:
   10         (d) “Utility” means a public utility or electric utility as
   11  defined in s. 366.02, or a includes any person, firm,
   12  cooperative, corporation, association, or political subdivision,
   13  whether private, municipal, county, or cooperative, which is
   14  engaged in the sale, generation, provision, or delivery of heat,
   15  water, oil, sewer service, telephone or telegraph service,
   16  radio, telecommunications, communications, gas, or electricity
   17  services.
   18         (2) A person who knowingly and intentionally takes or
   19  assists with the taking of copper or other nonferrous metals
   20  from a utility or communications services provider, thereby
   21  causing damage to the facilities of a utility or communications
   22  services provider, interrupting or interfering with utility
   23  service or communications services, or interfering with the
   24  ability of a utility or communications services provider to
   25  provide service, commits a felony of the first degree,
   26  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   27         (3) A person who is found in a civil action to have
   28  illegally taken copper or other nonferrous metals from a utility
   29  or communications services provider in violation of subsection
   30  (2) is liable to the utility or communications services provider
   31  for damages in an amount equal to three times the actual damages
   32  sustained by the utility or communications services provider due
   33  to any personal injury, wrongful death, or property damage
   34  caused by the illegal taking of the nonferrous metals or an
   35  amount equal to three times any claim made against the utility
   36  or communications services provider for any personal injury,
   37  wrongful death, or property damage caused by the malfunction of
   38  the facilities of the utility or communications services
   39  provider resulting from the violation of subsection (2),
   40  whichever is greater.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43         And the title is amended as follows:
   44         Delete lines 50 - 52
   45  and insert:
   46  
   47         amending s. 812.145, F.S.; redefining the term
   48         “utility”; providing that a person who assists in the
   49         taking of certain metals commits a felony of the first
   50         degree; providing that a person who illegally takes
   51         copper or other nonferrous metals from a utility or
   52         communications services provider is liable to the
   53         utility or communications provider for damages equal
   54         to three times the amount of any claim against the
   55         utility or communication services provider resulting
   56         from the illegal taking of copper or other nonferrous
   57         metals; limiting the liability of