HB 73

1	A bill to be entitled
2	An act relating to the unlawful taking of personal
3	property or equipment; amending s. 812.155, F.S.; deleting
4	a provision specifying that the prohibition against
5	obtaining personal property or equipment with intent to
6	defraud does not apply to a rental-purchase agreement
7	unless the rental store retains title to the property or
8	equipment throughout the period of the rental-purchase
9	agreement; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 812.155, Florida Statutes, is amended
14	to read:
15	812.155  Hiring, leasing, or obtaining personal property or
16	equipment with the intent to defraud; failing to return hired or
17	leased personal property or equipment; rules of evidence.--
18	(1)  OBTAINING BY TRICK, FALSE REPRESENTATION,
19	ETC.--Whoever, with the intent to defraud the owner or any
20	person lawfully possessing any personal property or equipment,
21	obtains the custody of such personal property or equipment by
22	trick, deceit, or fraudulent or willful false representation
23	shall be guilty of a misdemeanor of the second degree,
24	punishable as provided in s. 775.082 or s. 775.083, unless the
25	value of the personal property or equipment is of a value of
26	$300 or more; in that event the violation constitutes a felony
27	of the third degree, punishable as provided in s. 775.082, s.
28	775.083, or s. 775.084.
29	(2)  HIRING OR LEASING WITH THE INTENT TO
30	DEFRAUD.--Whoever, with intent to defraud the owner or any
31	person lawfully possessing any personal property or equipment of
32	the rental thereof, hires or leases said personal property or
33	equipment from such owner or such owner's agents or any person
34	in lawful possession thereof shall, upon conviction, be guilty
35	of a misdemeanor of the second degree, punishable as provided in
36	s. 775.082 or s. 775.083, unless the value of the personal
37	property or equipment is of a value of $300 or more; in that
38	event the violation constitutes a felony of the third degree,
39	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
40	(3)  FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
41	PROPERTY.--Whoever, after hiring or leasing any personal
42	property or equipment under an agreement to redeliver the same
43	to the person letting such personal property or equipment or his
44	or her agent at the termination of the period for which it was
45	let, shall, without the consent of such person or persons and
46	with the intent to defraud, abandon or willfully refuse to
47	redeliver such personal property or equipment as agreed, shall,
48	upon conviction, be guilty of a misdemeanor of the second
49	degree, punishable as provided in s. 775.082 or s. 775.083,
50	unless the value of the personal property or equipment is of a
51	value of $300 or more; in that event the violation constitutes a
52	felony of the third degree, punishable as provided in s.
53	775.082, s. 775.083, or s. 775.084.
54	(4)  EVIDENCE OF FRAUDULENT INTENT.--
55	(a)  In prosecutions under this section, obtaining the
56	property or equipment under false pretenses; absconding without
57	payment; or removing or attempting to remove the property or
58	equipment from the county without the express written consent of
59	the lessor, is prima facie evidence of fraudulent intent.
60	(b)  In a prosecution under subsection (3), failure to
61	redeliver the property or equipment within 5 days after receipt
62	of, or within 5 days after return receipt from, the certified
63	mailing of the demand for return is prima facie evidence of
64	fraudulent intent. Notice mailed by certified mail, return
65	receipt requested, to the address given by the renter at the
66	time of rental shall be deemed sufficient and equivalent to
67	notice having been received by the renter, should the notice be
68	returned undelivered.
69	(c)  In a prosecution under subsection (3), failure to pay
70	any amount due which is incurred as the result of the failure to
71	redeliver property after the rental period expires, and after
72	the demand for return is made, is prima facie evidence of
73	fraudulent intent. Amounts due include unpaid rental for the
74	time period during which the property or equipment was not
75	returned and include the lesser of the cost of repairing or
76	replacing the property or equipment if it has been damaged.
77	(5)  DEMAND FOR RETURN.--Demand for return of overdue
78	property or equipment and for payment of amounts due may be made
79	in person, by hand delivery, or by certified mail, return
80	receipt requested, addressed to the lessee's address shown in
81	the rental contract.
82	(6)  NOTICE REQUIRED.--As a prerequisite to prosecution
83	under this section, the following statement must be contained in
84	the agreement under which the owner or person lawfully
85	possessing the property or equipment has relinquished its
86	custody, or in an addendum to that agreement, and the statement
87	must be initialed by the person hiring or leasing the rental
88	property or equipment:
89
90	Failure to return rental property or equipment upon
91	expiration of the rental period and failure to pay all
92	amounts due (including costs for damage to the
93	property or equipment) are prima facie evidence of
94	intent to defraud, punishable in accordance with
95	section 812.155, Florida Statutes.
96
97	(7)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This section
98	does not apply to personal property or equipment that is the
99	subject of a rental-purchase agreement that permits the lessee
100	to acquire ownership of the personal property or equipment
101	unless the rental store retains title to the personal property
102	or equipment throughout the rental-purchase agreement period.
103	Section 2.  This act shall take effect July 1, 2006.

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