Senate Bill 1028

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    Florida Senate - 1998                                  SB 1028

    By Senator Gutman





    34-738-98

  1                      A bill to be entitled

  2         An act relating to hiring, leasing, or

  3         obtaining personal property or equipment with

  4         intent to defraud; amending s. 812.155, F.S.;

  5         prescribing acts that constitute prima facie

  6         evidence of intent to defraud; providing

  7         authorized means for demand for return;

  8         requiring notice on rental agreements;

  9         providing penalties; providing an effective

10         date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 812.155, Florida Statutes, is

15  amended to read:

16         812.155  Hiring, leasing, or obtaining personal

17  property or equipment with the intent to defraud; failing to

18  return hired or leased personal property or equipment; rules

19  of evidence.--

20         (1)  OBTAINING BY TRICK, FALSE REPRESENTATION,

21  ETC.--Whoever, with the intent to defraud the owner or any

22  person lawfully possessing any personal property or equipment,

23  obtains the custody of such personal property or equipment by

24  trick, deceit, or fraudulent or willful false representation

25  shall be guilty of a misdemeanor of the second degree,

26  punishable as provided in s. 775.082 or s. 775.083, unless the

27  value of the personal property or equipment is of a value of

28  $300 or more; in that event the violation constitutes a felony

29  of the third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

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    Florida Senate - 1998                                  SB 1028
    34-738-98




  1         (2)  HIRING OR LEASING WITH THE INTENT TO

  2  DEFRAUD.--Whoever, with intent to defraud the owner or any

  3  person lawfully possessing any personal property or equipment

  4  of the rental thereof, hires or leases said personal property

  5  or equipment from such owner or such owner's agents or any

  6  person in lawful possession thereof shall, upon conviction, be

  7  guilty of a misdemeanor of the second degree, punishable as

  8  provided in s. 775.082 or s. 775.083, unless the value of the

  9  personal property or equipment is of a value of $300 or more;

10  in that event the violation constitutes a felony of the third

11  degree, punishable as provided in s. 775.082, s. 775.083, or

12  s. 775.084.

13         (3)  FAILURE TO REDELIVER HIRED OR LEASED PERSONAL

14  PROPERTY.--Whoever, after hiring or leasing any personal

15  property or equipment under an agreement to redeliver the same

16  to the person letting such personal property or equipment or

17  his or her agent at the termination of the period for which it

18  was let, shall, without the consent of such person or persons

19  and with the intent to defraud, abandon or willfully refuse to

20  redeliver such personal property or equipment as agreed,

21  shall, upon conviction, be guilty of a misdemeanor of the

22  second degree, punishable as provided in s. 775.082 or s.

23  775.083, unless the value of the personal property or

24  equipment is of a value of $300 or more; in that event the

25  violation constitutes a felony of the third degree, punishable

26  as provided in s. 775.082, s. 775.083, or s. 775.084.

27         (4)  EVIDENCE OF FRAUDULENT INTENT.--

28         (a)  In prosecutions under this section, obtaining

29  fraudulent intent may be inferred from proof that the property

30  or equipment under was obtained by false pretenses; by

31  absconding without payment or offering to pay any outstanding

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    Florida Senate - 1998                                  SB 1028
    34-738-98




  1  balance; or by surreptitiously removing or attempting to

  2  remove the property or equipment from the county, without the

  3  express written consent of the lessor is prima facie evidence

  4  of fraudulent intent.

  5         (b)  In a prosecution under subsection (3), failure to

  6  redeliver the property or equipment upon demand is prima facie

  7  evidence of fraudulent intent Fraudulent intent may be

  8  inferred from proof of the failure to make payment or

  9  redeliver upon demand made either in person or by certified

10  mail.  This inference may be made only when there is no

11  dispute as to the amount owed.

12         (c)  In a prosecution under subsection (3), failure to

13  pay any amount due under the agreement upon demand is prima

14  facie evidence of fraudulent intent.  Amounts due under a

15  rental agreement include unpaid rental for the time period

16  during which the property or equipment was not returned and

17  include the cost of repairing or replacing the property or

18  equipment if it has been damaged, whichever is less.

19         (5)  DEMAND FOR RETURN.--Demand for return of overdue

20  property or equipment and for payment of amounts due may be

21  made in person, by hand delivery, or by certified mail, return

22  receipt requested, addressed to the last known address of the

23  lessee.

24         (6)  NOTICE REQUIRED.--As a prerequisite to prosecution

25  under this section, the following statement must be contained

26  in the agreement under which the owner or person lawfully

27  possessing the property or equipment has relinquished its

28  custody or in an addendum to that agreement and it must be

29  initialed by the person hiring or leasing the rental property

30  or equipment:

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    Florida Senate - 1998                                  SB 1028
    34-738-98




  1         Failure to return rental property or equipment

  2         upon expiration of the rental period and

  3         failure to pay all amounts due (including costs

  4         for damage to the property or equipment) are

  5         prima facie evidence of intent to defraud,

  6         punishable in accordance with section 812.155,

  7         Florida Statutes.

  8         (7)(5)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This

  9  section does not apply to personal property or equipment that

10  is the subject of a rental-purchase agreement that permits the

11  lessee to acquire ownership of the personal property or

12  equipment.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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17                          SENATE SUMMARY

18    Provides that, in a prosecution for failure to redeliver
      hired or leased personal property or equipment, failure
19    to redeliver the property on demand and failure to pay
      amounts due on demand are prima facie evidence of intent
20    to defraud.  Provides that demand may be be made in
      person, by hand delivery, or by mail.  Requires notice to
21    be included in rental agreements.

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