Florida Senate - 2012                             CS for SB 1324
       
       
       
       By the Committee on Commerce and Tourism; and Senator Norman
       
       
       
       
       577-02441-12                                          20121324c1
    1                        A bill to be entitled                      
    2         An act relating to metal theft; amending s. 538.23,
    3         F.S.; increasing the criminal penalties for specified
    4         violations relating to secondary metals recycling;
    5         providing increased criminal penalties for third and
    6         subsequent criminal violations; amending s. 812.145,
    7         F.S.; defining the term “electrical substation”;
    8         prohibiting removing or assisting with the removal of
    9         copper or other nonferrous metals from an electrical
   10         substation site without authorization of the utility;
   11         providing criminal penalties; providing an effective
   12         date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 538.23, Florida
   17  Statutes, is amended to read:
   18         538.23 Violations and penalties.—
   19         (1)(a) Except as provided in paragraph (b), A secondary
   20  metals recycler who knowingly and intentionally:
   21         1. Violates s. 538.20 or s. 538.21;
   22         2. Engages in a pattern of failing to keep records required
   23  by s. 538.19;
   24         3. Violates s. 538.26(4); or
   25         4. Violates s. 538.235,
   26  
   27  commits a felony misdemeanor of the third first degree,
   28  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   29         (b) A secondary metals recycler who commits a third or
   30  subsequent violation of paragraph (a) commits a felony of the
   31  first third degree, punishable as provided in s. 775.082, s.
   32  775.083, or s. 775.084.
   33         Section 2. Present paragraphs (d) and (e) of subsection (1)
   34  of section 812.145, Florida Statutes, are redesignated as
   35  paragraphs (e) and (f), respectively, a new paragraph (d) is
   36  added to that subsection, and subsection (3) is added to that
   37  section, to read:
   38         812.145 Theft of copper or other nonferrous metals.—
   39         (1) As used in this section, the terms:
   40         (d) “Electrical substation” means a facility that takes
   41  electricity from the transmission grid and converts it to a
   42  lower voltage so it can be distributed to customers in the local
   43  area on the local distribution grid through one or more
   44  distribution lines less than 69 kilovolts in size.
   45         (3) A person who knowingly and intentionally removes, or
   46  assists with the removal of, copper or other nonferrous metals
   47  from an electrical substation without authorization of the
   48  utility commits a felony of the first degree, punishable as
   49  provided in s. 775.082, s. 775.083, or s. 775.084.
   50         Section 3. This act shall take effect October 1, 2012.