HB 837

1	A bill to be entitled
2	An act relating to the unlawful use of utility services;
3	amending s. 812.14, F.S.; prohibiting trespass and larceny
4	in relation to utility fixtures for the purpose of
5	manufacturing, growing, or cultivating a controlled
6	substance; providing for prima facie evidence of the
7	intent to commit such offense; providing that trespass and
8	larceny in relation to utility fixtures for the purpose of
9	manufacturing, growing, or cultivating a controlled
10	substance is a third-degree felony; providing that
11	prosecution for trespass and larceny in relation to
12	utility fixtures does not preclude prosecution for theft
13	of utility services; providing that theft of utility
14	services for the purpose of manufacturing, growing, or
15	cultivating a controlled substance is a third-degree
16	felony; providing that prosecution of theft of utility
17	services is in lieu of prosecution for theft pursuant to
18	s. 812.014, F.S.; providing for prima facie evidence of
19	intent to commit theft of utility services; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 812.14, Florida Statutes, is amended to
25	read:
26	812.14  Trespass and larceny with relation to utility
27	fixtures; theft of utility services.--
28	(1)  As used in this section, "utility" includes any
29	person, firm, corporation, association, or political
30	subdivision, whether private, municipal, county, or cooperative,
31	which is engaged in the sale, generation, provision, or delivery
32	of gas, electricity, heat, water, oil, sewer service, telephone
33	service, telegraph service, radio service, or telecommunication
34	service.
35	(2)  It is unlawful to:
36	(a)  Willfully alter, tamper with, injure, or knowingly
37	suffer to be injured any meter, meter seal, pipe, conduit, wire,
38	line, cable, transformer, amplifier, or other apparatus or
39	device belonging to a utility line service in such a manner as
40	to cause loss or damage or to prevent any meter installed for
41	registering electricity, gas, or water from registering the
42	quantity which otherwise would pass through the same; or to
43	alter the index or break the seal of any such meter; or in any
44	way to hinder or interfere with the proper action or just
45	registration of any such meter or device; or knowingly to use,
46	waste, or suffer the waste, by any means, of electricity or gas
47	or water passing through any such meter, wire, pipe, or fitting,
48	or other appliance or appurtenance connected with or belonging
49	to any such utility, after such meter, wire, pipe or fitting, or
50	other appliance or appurtenance has been tampered with, injured,
51	or altered.
52	(b)  Make or cause to be made any connection with any wire,
53	main, service pipe or other pipes, appliance, or appurtenance in
54	such manner as to use, without the consent of the utility, any
55	service or any electricity, gas, or water, or to cause to be
56	supplied any service or electricity, gas, or water from a
57	utility to any person, firm, or corporation or any lamp, burner,
58	orifice, faucet, or other outlet whatsoever, without such
59	service being reported for payment or such electricity, gas, or
60	water passing through a meter provided by the utility and used
61	for measuring and registering the quantity of electricity, gas,
62	or water passing through the same.
63	(c)  Use or receive the direct benefit from the use of a
64	utility knowing, or under such circumstances as would induce a
65	reasonable person to believe, that such direct benefits have
66	resulted from any tampering with, altering of, or injury to any
67	connection, wire, conductor, meter, pipe, conduit, line, cable,
68	transformer, amplifier, or other apparatus or device owned,
69	operated, or controlled by such utility, for the purpose of
70	avoiding payment.
71	(d)  Violate paragraph (a), paragraph (b), or paragraph (c)
72	for the purpose of facilitating the manufacture, growth, or
73	cultivation of a controlled substance.
74	(3)  The presence on property in the actual possession of a
75	person of any device or alteration that which affects the
76	diversion or use of the services of a utility so as to avoid the
77	registration of such use by or on a meter installed by the
78	utility or so as to otherwise avoid the reporting of use of such
79	service for payment is shall be prima facie evidence of the
80	violation of this section by such person; however, this
81	presumption does shall not apply unless:
82	(a)  The presence of such a device or alteration can be
83	attributed only to a deliberate act in furtherance of an intent
84	to avoid payment for utility services;
85	(b)  The person charged has received the direct benefit of
86	the reduction of the cost of such utility services; and
87	(c)  The customer or recipient of the utility services has
88	received the direct benefit of such utility service for at least
89	one full billing cycle.
90	(4)  It is prima facie evidence of a person's intent to
91	violate paragraph (2)(d) if:
92	(a)  The person violated paragraph (2)(a), paragraph
93	(2)(b), or paragraph (2)(c), resulting in a structure, as
94	defined in s. 810.011, or a dwelling, as defined in s. 810.011,
95	receiving unauthorized access to utility services;
96	(b)  A controlled substance and materials for
97	manufacturing, growing, or cultivating the controlled substance
98	were found in the structure or dwelling; and
99	(c)  The person knew of the presence of the controlled
100	substance and materials for manufacturing, growing, or
101	cultivating the controlled substance in the structure or
102	dwelling, regardless of whether the person was involved in the
103	manufacture, growth, or cultivation of the controlled substance.
104	(5)(4)  Any person who willfully violates paragraph (2)(a),
105	paragraph (2)(b), or paragraph (2)(c) commits this section shall
106	be guilty of a misdemeanor of the first degree, punishable as
107	provided in s. 775.082 or s. 775.083. Any person who willfully
108	violates paragraph (2)(d) commits a felony of the third degree,
109	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
110	Prosecution of a violation of subsection (2) does not preclude
111	prosecution of theft pursuant to subsection (6) or s. 812.014.
112	(6)  Theft of utility services for the purpose of
113	facilitating the manufacture, growth, or cultivation of a
114	controlled substance is a felony of the third degree, punishable
115	as provided in s. 775.082, s. 775.083, or s. 775.084.
116	Prosecution pursuant this subsection is in lieu of prosecution
117	for theft pursuant to s. 812.014.
118	(7)  It is prima facie evidence of a person's intent to
119	violate subsection (6) if:
120	(a)  The person committed theft of utility services,
121	resulting in a structure, as defined in s. 810.011, or a
122	dwelling, as defined in s. 810.011, receiving unauthorized
123	access to utility services;
124	(b)  A controlled substance and materials for
125	manufacturing, growing, or cultivating the controlled substance
126	were found in the structure or dwelling; and
127	(c)  The person knew of the presence of the controlled
128	substance and materials for manufacturing, growing, or
129	cultivating the controlled substance in the structure or
130	dwelling, regardless of whether the person was involved in the
131	manufacture, growth, or cultivation of the controlled substance.
132	(8)(5) Whoever is found in a civil action to have violated
133	the provisions of this section is hereof shall be liable to the
134	utility involved in an amount equal to 3 times the amount of
135	services unlawfully obtained or $1,000, whichever is greater.
136	(9)(6)  Nothing in This section does not act shall be
137	construed to apply to licensed and certified electrical
138	contractors while performing usual and ordinary service in
139	accordance with recognized standards.
140	Section 2.  This act shall take effect July 1, 2008.

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