Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 912 Ì248324%Î248324 LEGISLATIVE ACTION Senate . House Comm: WD . 04/01/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Smith) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 71 and 72 4 insert: 5 Section 2. Section 877.28, Florida Statutes, is created to 6 read: 7 877.28 Theft of recovered material.— 8 (1) A person may not willfully or fraudulently, without the 9 consent of any person, firm, or corporation or any lessee, 10 trustee, or receiver owning, leasing, or providing recovered 11 material collection services pursuant to an agreement with the 12 above parties, remove more than 1 pound of recovered material 13 from any commercial establishment or commercial establishment 14 recovered material container. 15 (2) Any person violating this section is guilty of a 16 misdemeanor of the first degree, punishable as provided in s. 17 775.082 or s. 775.083. Prosecution for a violation of this 18 section does not preclude prosecution for theft pursuant to s. 19 812.014. 20 (3) Any person who has been convicted under this section 21 two times in the previous 3 years is, upon the third conviction, 22 guilty of a felony of the third degree, punishable as provided 23 in s .775.082 and s. 775.083. 24 (4) Whoever is found in a civil action to have violated 25 this section is liable to the party that owns the recovered 26 material container or that owns the recovered material in an 27 amount equal to five times the amount of the collection charge 28 for the recovered material container or $5,000, whichever is 29 greater. 30 (5) For the purpose of this section, the terms “wood” and 31 “plastic pallets” are included in the definition of recovered 32 materials as defined in s. 403.703. 33 (6) This section does not apply to a party contracted to 34 collect the recovered material from a commercial establishment. 35 36 ================= T I T L E A M E N D M E N T ================ 37 And the title is amended as follows: 38 Delete line 10 39 and insert: 40 application under certain circumstances; creating s. 41 877.28, F.S.; prohibiting a person from willfully or 42 fraudulently and without consent removing more than a 43 certain amount of recovered material from any 44 commercial establishment or commercial establishment 45 recovered material container; providing criminal 46 penalties; providing liability; including the terms 47 “wood” and “plastic pellets” in the definition of 48 recovered material; providing an exception; providing 49 an