Florida Senate - 2013                                     SB 338
       
       
       
       By Senator Simpson
       
       
       
       
       18-00219-13                                            2013338__
    1                        A bill to be entitled                      
    2         An act relating to theft of utility services; amending
    3         s. 812.14, F.S.; providing additional criminal
    4         penalties for utility services wrongfully taken;
    5         providing that the person who unlawfully took utility
    6         services is liable to the utility for an increased
    7         civil penalty subject to the amount of the utility
    8         services unlawfully obtained; providing an effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsections (4), (7), (8), and (10) of section
   14  812.14, Florida Statutes, are amended to read:
   15         812.14 Trespass and larceny with relation to utility
   16  fixtures; theft of utility services.—
   17         (4) A Any person who willfully violates paragraph (2)(a),
   18  paragraph (2)(b), or paragraph (2)(c) commits theft a
   19  misdemeanor of the first degree, punishable as provided in s.
   20  812.014 s. 775.082 or s. 775.083.
   21         (7) A person who willfully violates subsection (5) commits
   22  a misdemeanor of the first degree, punishable as provided in s.
   23  775.082 or s. 775.083. Prosecution for a violation of subsection
   24  (5) does not preclude prosecution for theft pursuant to under
   25  subsection (8) or s. 812.014.
   26         (8) Theft of utility services for the purpose of
   27  facilitating the manufacture of a controlled substance is theft
   28  a misdemeanor of the first degree, punishable as provided in s.
   29  812.014 s. 775.082 or s. 775.083.
   30         (10) Whoever is found in a civil action to have violated
   31  the provisions of this section is liable to the utility involved
   32  in an amount equal to 3 times the amount of services unlawfully
   33  obtained or $3,000 $1,000, whichever is greater.
   34         Section 2. This act shall take effect October 1, 2013.