Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 912
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/01/2015           .                                
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       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