Florida Senate - 2008 CS for SB 1438
By the Committee on Criminal Justice; and Senator Aronberg
591-08236-08 20081438c1
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A bill to be entitled
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An act relating to unlawful use of utility services;
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amending s. 812.14, F.S.; providing definitions;
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prohibiting trespass and larceny in relation to utility
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fixtures for the purpose of manufacturing a controlled
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substance; providing for prima facie evidence of the
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intent to commit such offense; providing that trespass and
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larceny in relation to utility fixtures for the purpose of
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manufacturing a controlled substance is a third-degree
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felony; providing that prosecution for trespass and
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larceny in relation to utility fixtures does not preclude
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prosecution for theft of utility services; providing that
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theft of utility services for the purpose of manufacturing
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a controlled substance is a third-degree felony; providing
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that prosecution of theft of utility services for the
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purpose of manufacturing a controlled substance is in lieu
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of prosecution for theft pursuant to s. 812.014, F.S.;
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providing for prima facie evidence of intent to commit
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theft of utility services for the purpose of manufacturing
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a controlled substance; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 812.14, Florida Statutes, is amended to
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read:
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812.14 Trespass and larceny with relation to utility
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fixtures; theft of utility services.--
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(1) As used in this section, the term:
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(a) "Manufacture" has the same meaning as in s. 893.02.
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(b) "Utility" includes any person, firm, corporation,
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association, or political subdivision, whether private,
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municipal, county, or cooperative, which is engaged in the sale,
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generation, provision, or delivery of gas, electricity, heat,
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water, oil, sewer service, telephone service, telegraph service,
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radio service, or telecommunication service.
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(2) It is unlawful to:
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(a) Willfully alter, tamper with, injure, or knowingly
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suffer to be injured any meter, meter seal, pipe, conduit, wire,
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line, cable, transformer, amplifier, or other apparatus or device
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belonging to a utility line service in such a manner as to cause
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loss or damage or to prevent any meter installed for registering
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electricity, gas, or water from registering the quantity which
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otherwise would pass through the same; or to alter the index or
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break the seal of any such meter; or in any way to hinder or
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interfere with the proper action or just registration of any such
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meter or device; or knowingly to use, waste, or suffer the waste,
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by any means, of electricity or gas or water passing through any
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such meter, wire, pipe, or fitting, or other appliance or
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appurtenance connected with or belonging to any such utility,
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after such meter, wire, pipe or fitting, or other appliance or
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appurtenance has been tampered with, injured, or altered.
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(b) Make or cause to be made any connection with any wire,
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main, service pipe or other pipes, appliance, or appurtenance in
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such manner as to use, without the consent of the utility, any
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service or any electricity, gas, or water, or to cause to be
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supplied any service or electricity, gas, or water from a utility
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to any person, firm, or corporation or any lamp, burner, orifice,
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faucet, or other outlet whatsoever, without such service being
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reported for payment or such electricity, gas, or water passing
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through a meter provided by the utility and used for measuring
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and registering the quantity of electricity, gas, or water
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passing through the same.
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(c) Use or receive the direct benefit from the use of a
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utility knowing, or under such circumstances as would induce a
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reasonable person to believe, that such direct benefits have
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resulted from any tampering with, altering of, or injury to any
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connection, wire, conductor, meter, pipe, conduit, line, cable,
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transformer, amplifier, or other apparatus or device owned,
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operated, or controlled by such utility, for the purpose of
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avoiding payment.
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(d) Violate paragraph (a), paragraph (b), or paragraph (c)
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for the purpose of facilitating the manufacture of a controlled
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substance.
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(3) The presence on property in the actual possession of a
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person of any device or alteration that which affects the
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diversion or use of the services of a utility so as to avoid the
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registration of such use by or on a meter installed by the
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utility or so as to otherwise avoid the reporting of use of such
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service for payment is shall be prima facie evidence of the
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violation of this section by such person; however, this
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presumption does shall not apply unless:
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(a) The presence of such a device or alteration can be
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attributed only to a deliberate act in furtherance of an intent
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to avoid payment for utility services;
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(b) The person charged has received the direct benefit of
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the reduction of the cost of such utility services; and
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(c) The customer or recipient of the utility services has
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received the direct benefit of such utility service for at least
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one full billing cycle.
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(4) It is prima facie evidence of a person's intent to
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violate paragraph (2)(d) if:
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(a) The person violated paragraph (2)(a), paragraph (2)(b),
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or paragraph (2)(c), resulting in a structure, as defined in s.
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unauthorized access to utility services;
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(b) A controlled substance and materials for manufacturing
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the controlled substance were found in the structure or dwelling;
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and
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(c) The person knew of the presence of the controlled
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substance and materials for manufacturing the controlled
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substance in the structure or dwelling, regardless of whether the
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person was involved in the manufacture of the controlled
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substance.
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(5)(4) Any person who willfully violates paragraph (2)(a),
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paragraph (2)(b), or paragraph (2)(c) commits this section shall
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be guilty of a misdemeanor of the first degree, punishable as
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violates paragraph (2)(d) commits a felony of the third degree,
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Prosecution of a violation of subsection (2) does not preclude
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prosecution of theft under subsection (6) or s. 812.014.
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(6) Theft of utility services for the purpose of
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facilitating the manufacture of a controlled substance is a
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felony of the third degree, punishable as provided in s. 775.082,
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is in lieu of prosecution for theft under s. 812.014.
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(7) It is prima facie evidence of a person's intent to
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violate subsection (6) if:
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(a) The person committed theft of utility services
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resulting in a structure, as defined in s. 810.011, or a
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dwelling, as defined in s. 810.011, receiving unauthorized access
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to utility services;
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(b) A controlled substance and materials for manufacturing
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the controlled substance were found in the structure or dwelling;
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and
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(c) The person knew of the presence of the controlled
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substance and materials for manufacturing the controlled
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substance in the structure or dwelling, regardless of whether the
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person was involved in the manufacture of the controlled
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substance.
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(8)(5) Whoever is found in a civil action to have violated
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the provisions of this section is hereof shall be liable to the
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utility involved in an amount equal to 3 times the amount of
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services unlawfully obtained or $1,000, whichever is greater.
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(9)(6) Nothing in This section does not act shall be
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construed to apply to licensed and certified electrical
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contractors while performing usual and ordinary service in
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accordance with recognized standards.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.