| 1 | A bill to be entitled |
| 2 | An act relating to the theft of copper or other nonferrous |
| 3 | metals; creating s. 812.145, F.S.; providing definitions; |
| 4 | providing that it is a felony of the first degree to |
| 5 | knowingly and intentionally take copper or other |
| 6 | nonferrous metal from a utility or communications services |
| 7 | provider, thereby causing damage to the facilities of a |
| 8 | utility or communications services provider or |
| 9 | interrupting or interfering with utility or communications |
| 10 | services; providing criminal penalties; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 812.145, Florida Statutes, is created |
| 16 | to read: |
| 17 | 812.145 Theft of copper or other nonferrous metals.-- |
| 18 | (1) As used in this section, the terms: |
| 19 | (a) "Communications services" means the transmission, |
| 20 | conveyance, or routing of voice, data, audio, video, or any |
| 21 | other information or signals, including cable services, to a |
| 22 | point, or between or among points, by or through any electronic, |
| 23 | radio, satellite, cable, optical, microwave, or other medium or |
| 24 | method now in existence or hereafter devised, regardless of the |
| 25 | protocol used for such transmission or conveyance. The term |
| 26 | includes such transmission, conveyance, or routing in which |
| 27 | computer processing applications are used to act on the form, |
| 28 | code, or protocol of the content for purposes of transmission, |
| 29 | conveyance, or routing without regard to whether such service is |
| 30 | referred to as voice-over-Internet-protocol services or is |
| 31 | classified by the Federal Communications Commission as enhanced |
| 32 | or value-added. |
| 33 | (b) "Communications services provider" includes any |
| 34 | person, firm, corporation, or political subdivision, whether |
| 35 | private, municipal, county, or cooperative, which is engaged in |
| 36 | the sale, generation, provision, or delivery of communications |
| 37 | services. |
| 38 | (c) "Copper or other nonferrous metals" means metals not |
| 39 | containing significant quantities of iron or steel, including, |
| 40 | without limitation, copper, copper alloy, copper utility or |
| 41 | communications service wire, brass, aluminum, bronze, lead, |
| 42 | zinc, nickel, and alloys thereof. |
| 43 | (d) "Utility" includes any person, firm, corporation, |
| 44 | association, or political subdivision, whether private, |
| 45 | municipal, county, or cooperative, which is engaged in the sale, |
| 46 | generation, provision, or delivery of gas or electricity |
| 47 | services. |
| 48 | (e) "Utility service" means electricity for light, heat, |
| 49 | or power and natural or manufactured gas for light, heat, or |
| 50 | power, including the transportation, delivery, transmission, and |
| 51 | distribution of electricity or natural or manufactured gas. |
| 52 | (2) A person who knowingly and intentionally takes copper |
| 53 | or other nonferrous metals from a utility or communications |
| 54 | services provider, thereby causing damage to the facilities of a |
| 55 | utility or communications services provider, interrupting or |
| 56 | interfering with utility service or communications services, or |
| 57 | interfering with the ability of a utility or communications |
| 58 | services provider to provide service, commits a felony of the |
| 59 | first degree, punishable as provided in s. 775.082, s. 775.083, |
| 60 | or s. 775.084. |
| 61 | Section 2. This act shall take effect October 1, 2008. |