Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1276
       
       
       
       
       
       
                                Barcode 820280                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  01/25/2012           .                                
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       The Committee on Criminal Justice (Dean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 75 - 121
    4  and insert:
    5         (b) In a prosecution under subsection (3), failure to
    6  redeliver the property or equipment within 5 days after
    7  receiving the demand for return from a courier service with
    8  tracking capability or by certified mail, return receipt
    9  requested receipt of, or within 5 days after delivery by the
   10  courier service or return receipt from, the certified mailing of
   11  the demand for return, is prima facie evidence of abandonment or
   12  refusal to redeliver the property or equipment. Notice mailed by
   13  certified mail, return receipt requested, or delivery by courier
   14  with tracking capability to the address given by the renter at
   15  the time of rental is shall be deemed sufficient and equivalent
   16  to notice having been received by the renter, should the notice
   17  be returned undelivered.
   18         (c) In a prosecution under subsection (3), failure to pay
   19  any amount due which is incurred as the result of the failure to
   20  redeliver property or equipment after the rental period expires,
   21  and after the demand for return is made, is prima facie evidence
   22  of abandonment or refusal to redeliver the property or
   23  equipment. Amounts due include unpaid rental for the time period
   24  during which the property or equipment was not returned and
   25  include the lesser of the cost of repairing or replacing the
   26  property or equipment if it has been damaged.
   27         (5) DEMAND FOR RETURN.—Demand for return of overdue
   28  property or equipment and for payment of amounts due may be made
   29  in person, by hand delivery, or by certified mail, return
   30  receipt requested, or by courier service with tracking
   31  capability, addressed to the lessee’s address shown in the
   32  rental contract.
   33         (6) NOTICE REQUIRED.—As a prerequisite to prosecution under
   34  this section, the following statement must be contained in the
   35  agreement under which the owner or person lawfully possessing
   36  the property or equipment has relinquished its custody, or in an
   37  addendum to that agreement, and the statement must be initialed
   38  by the person hiring or leasing the rental property or
   39  equipment:
   40  
   41         Failure to return rental property or equipment upon
   42         expiration of the rental period and failure to pay all
   43         amounts due (including costs for damage to the
   44         property or equipment) are evidence of abandonment or
   45         refusal to redeliver the property, punishable in
   46         accordance with section 812.155, Florida Statutes.
   47         (7) POSSESSION BY OTHERS NOT A DEFENSE.—Possession of
   48  personal property or equipment by a third party is not a defense
   49  to failure to return the property or equipment.
   50         (8) REPORTING VEHICLE AS STOLEN.—A lessor of a vehicle that
   51  is not returned at the conclusion of the lease who satisfies the
   52  requirements of this section regarding the vehicle is entitled
   53  to report the vehicle as stolen to a law enforcement agency and
   54  have the vehicle listed as stolen on any local or national
   55  registry of such vehicles.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58         And the title is amended as follows:
   59         Delete lines 5 - 22
   60  and insert:
   61         a prosecution for failing to redeliver property or
   62         equipment within a specified time after receiving the
   63         demand for return from a courier service with tracking
   64         capability or by certified mail, return receipt
   65         requested, or within a specified time after delivery
   66         by the courier service or return receipt from the
   67         certified mailing of the demand for return, is prima
   68         facie evidence of abandonment or refusal to redeliver
   69         the property or equipment; providing that notice
   70         mailed by delivery by courier with tracking capability
   71         to the address given by the renter at the time of the
   72         rental is sufficient and equivalent to notice having
   73         been received by the renter, if the notice is returned
   74         undelivered; providing that in a prosecution for
   75         failing to pay any amount due which is incurred as the
   76         result of the failure to redeliver property or
   77         equipment after the rental period expires, and after
   78         the demand for return is made, is prima facie evidence
   79         of abandonment or refusal to redeliver the property or
   80         equipment; providing that a demand for return of
   81         overdue property or equipment and for payment of
   82         amounts due may be made by courier service with
   83         tracking capability; providing that possession of
   84         personal property or equipment by a third party is not
   85         a defense to failure to return the property or
   86         equipment; providing that a lessor of a vehicle that
   87         is not returned at the conclusion of a lease is
   88         entitled to report the vehicle as stolen to a law
   89         enforcement agency and have the vehicle listed as
   90         stolen on any local or national registry of such
   91         vehicles;