Senate Bill 1028c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                           CS for SB 1028

    By the Committee on Commerce and Economic Opportunities and
    Senator Gutman




    310-2109-98

  1                      A bill to be entitled

  2         An act relating to obtaining personal property

  3         or certain services illegally; amending s.

  4         812.15, F.S.; prohibiting the possession or

  5         advertisement for sale of certain equipment

  6         designed and primarily useful for unauthorized

  7         reception of cable system communications;

  8         providing penalties; amending s. 812.155, F.S.;

  9         prescribing acts that constitute prima facie

10         evidence of intent to defraud; providing

11         authorized means for demand for return;

12         requiring notice on rental agreements;

13         providing penalties; providing an effective

14         date.

15

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

17

18         Section 1.  Subsection (3) of section 812.15, Florida

19  Statutes, is amended to read:

20         812.15  Unauthorized reception of cable television

21  services; penalties.--

22         (3)(a)  Any person who willfully violates this section

23  shall be guilty of a misdemeanor of the first degree,

24  punishable as provided in s. 775.082 or s. 775.083.

25         (b)  Any person who willfully and for purposes of

26  direct or indirect commercial advantage violates this section

27  shall be guilty of a felony of the third degree, punishable as

28  provided in s. 775.082, s. 775.083, or s. 775.084.

29         (c)  Any person who intentionally possesses equipment,

30  knowing or having reason to know that the design of such

31  equipment renders it primarily useful for the purpose of the

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    Florida Senate - 1998                           CS for SB 1028
    310-2109-98




  1  unauthorized reception of any communications service offered

  2  over a cable system, shall be guilty of a misdemeanor of the

  3  first degree, punishable as provided in s. 775.082 or s.

  4  775.083.

  5         (d)  It is unlawful for any person to place in any

  6  newspaper, magazine, handbill, or other publication any

  7  advertisement that, in whole or in part, promotes the sale of

  8  equipment if the person placing the advertisement knows or has

  9  reason to know that the equipment is designed to be primarily

10  useful for the unauthorized reception of any communications

11  service offered over a cable system.  Any person who violates

12  this subsection shall be guilty of a misdemeanor of the first

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

14         Section 2.  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                           CS for SB 1028
    310-2109-98




  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                           CS for SB 1028
    310-2109-98




  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 within 5 days after

  7  receipt or within 5 days after return receipt from the

  8  certified mailing of the demand for return, whichever is

  9  shorter, is prima facie evidence of fraudulent intent

10  Fraudulent intent may be inferred from proof of the failure to

11  make payment or redeliver upon demand made either in person or

12  by certified mail.  This inference may be made only when there

13  is no dispute as to the amount owed.

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

15  pay any amount due that is incurred as a result of the failure

16  to redeliver property after the rental period expires and

17  after the demand for return is made, is prima facie evidence

18  of fraudulent intent.  Amounts due include unpaid rental for

19  the time period during which the property or equipment was not

20  returned and include the lesser of the cost of repairing or

21  replacing the property or equipment if it has been damaged.

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

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

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

25  receipt requested, addressed to the lessee's address shown in

26  the rental contract.

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

28  under this section, the following statement must be contained

29  in the agreement under which the owner or person lawfully

30  possessing the property or equipment has relinquished its

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

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    Florida Senate - 1998                           CS for SB 1028
    310-2109-98




  1  initialed by the person hiring or leasing the rental property

  2  or equipment:

  3         Failure to return rental property or equipment

  4         upon expiration of the rental period and

  5         failure to pay all amounts due (including costs

  6         for damage to the property or equipment) are

  7         prima facie evidence of intent to defraud,

  8         punishable in accordance with section 812.155,

  9         Florida Statutes.

10         (7)(5)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This

11  section does not apply to personal property or equipment that

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

13  lessee to acquire ownership of the personal property or

14  equipment.

15         Section 3.  This act shall take effect upon becoming a

16  law.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1028

20

21  The committee substitute differs from the bill in the
    following ways:
22
         --Provides that anyone who intentionally possesses
23       television cable equipment, that allows the person to
         receive unauthorized reception of any communications
24       services or promotes the advertising of the sale of such
         equipment, is guilty of a first degree misdemeanor;
25
         --Includes in the deletion of terms "offering to pay any
26       outstanding balance" which makes the mere fact of removal
         or attempted removal of the property or equipment prima
27       facie evidence of fraudulent intent; and

28       --Extends by two days, the time by which a person is to
         redeliver property or equipment after receipt of the
29       demand for return while shortening, by five days, the
         time by which a person is to redeliver property or
30       equipment after return of receipt of the mailing of the
         demand for return.
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