HB 729

1	A bill to be entitled
2	An act relating to hiring, leasing, or obtaining
3	personal property or equipment with the intent to
4	defraud; amending s. 812.155, F.S.; revising
5	requirements for notice to the lessee of the property
6	or equipment after failure to return it when due;
7	providing that failure to redeliver the property or
8	equipment within a specified period after such notice
9	creates a rebuttable presumption of abandonment or
10	refusal to redeliver the property or equipment;
11	providing that possession of the property or equipment
12	by a third party is not a defense to failure to return
13	the property or equipment; providing that the lessor
14	of a vehicle that is not returned at the conclusion of
15	the lease who satisfies specified requirements
16	concerning the vehicle is entitled to report the
17	vehicle as stolen; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 812.155, Florida Statutes, is amended
22	to read:
23	812.155  Hiring, leasing, or obtaining personal property or
24	equipment with the intent to defraud; failing to return hired or
25	leased personal property or equipment; rules of evidence.-
26	(1)  OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.-A
27	person who Whoever, with the intent to defraud the owner or any
28	other person lawfully possessing any personal property or
29	equipment, obtains the custody of the such personal property or
30	equipment by trick, deceit, or fraudulent or willful false
31	representation commits: shall be guilty of
32	(a)  A misdemeanor of the second degree, punishable as
33	provided in s. 775.082 or s. 775.083, if unless the value of the
34	personal property or equipment is less than of a value of $300.
35	or more; in that event the violation constitutes
36	(b)  A felony of the third degree, punishable as provided
37	in s. 775.082, s. 775.083, or s. 775.084, if the value of the
38	property or equipment is $300 or more.
39	(2)  HIRING OR LEASING WITH THE INTENT TO DEFRAUD.-A person
40	who Whoever, with intent to defraud the owner or any other
41	person lawfully possessing any personal property or equipment of
42	the rental thereof, hires or leases the personal property or
43	equipment from the owner or the owner's agents or any other
44	person in lawful possession thereof commits: shall, upon
45	conviction, be guilty of
46	(a)  A misdemeanor of the second degree, punishable as
47	provided in s. 775.082 or s. 775.083, if unless the value of the
48	personal property or equipment is less than of a value of $300.
49	or more; in that event the violation constitutes
50	(b)  A felony of the third degree, punishable as provided
51	in s. 775.082, s. 775.083, or s. 775.084, if the value of the
52	property or equipment is $300 or more.
53	(3)  FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
54	PROPERTY.-A person who Whoever, after hiring or leasing any
55	personal property or equipment under an agreement to redeliver
56	the property or equipment same to the person letting it, such
57	personal property or equipment or his or her agent, at the
58	termination of the period for which it was let, shall, without
59	the consent of such person or persons knowingly and without the
60	consent of such person or persons abandons abandon or refuses
61	refuse to redeliver the personal property or equipment as
62	agreed, commits: shall, upon conviction, be guilty of
63	(a)  A misdemeanor of the second degree, punishable as
64	provided in s. 775.082 or s. 775.083, if unless the value of the
65	personal property or equipment is less than of a value of $300.
66	or more; in that event the violation constitutes
67	(b)  A felony of the third degree, punishable as provided
68	in s. 775.082, s. 775.083, or s. 775.084, if the value of the
69	property or equipment is $300 or more.
70	(4)  EVIDENCE.-
71	(a)  In prosecutions under this section, obtaining the
72	property or equipment under false pretenses; absconding without
73	payment; or removing or attempting to remove the property or
74	equipment from the county without the express written consent of
75	the lessor, is evidence of fraudulent intent.
76	(b)  In a prosecution under subsection (3), failure to
77	redeliver the property or equipment within 5 days from mailing
78	the demand for return by certified mail, return receipt
79	requested, or delivery by a courier service with tracking
80	capability to the lessee's address on the rental contract after
81	receipt of, or within 5 days after return receipt from, the
82	certified mailing or delivery by the courier service of the
83	demand for return creates a rebuttable presumption is evidence
84	of abandonment or refusal to redeliver the property. Notice
85	mailed by certified mail, return receipt requested, or delivery
86	by a courier service with tracking capabilities to the address
87	given by the renter at the time of rental shall be deemed
88	sufficient and equivalent to notice having been received by the
89	renter, if should the notice is be returned undelivered.
90	(c)  In a prosecution under subsection (3), failure to pay
91	any amount due which is incurred as the result of the failure to
92	redeliver property or equipment after the rental period expires,
93	and after the demand for return, creates a rebuttable
94	presumption is made, is evidence of abandonment or refusal to
95	redeliver the property or equipment. Amounts due include unpaid
96	rental for the time period during which the property or
97	equipment was not returned and include the lesser of the cost of
98	repairing or replacing the property or equipment if it has been
99	damaged.
100	(5)  DEMAND FOR RETURN.-Demand for return of overdue
101	property or equipment and for payment of amounts due may be made
102	in person, by hand delivery, or by certified mail, return
103	receipt requested, or courier service with tracking capabilities
104	addressed to the lessee's address shown in the rental contract.
105	(6)  NOTICE REQUIRED.-As a prerequisite to prosecution
106	under this section, the following statement must be contained in
107	the agreement under which the owner or person lawfully
108	possessing the property or equipment has relinquished its
109	custody, or in an addendum to that agreement, and the statement
110	must be initialed by the person hiring or leasing the rental
111	property or equipment:
112
113	Failure to return rental property or equipment upon
114	expiration of the rental period and failure to pay all
115	amounts due (including costs for damage to the property or
116	equipment) are evidence of abandonment or refusal to
117	redeliver the property, punishable in accordance with
118	section 812.155, Florida Statutes.
119
120	(7)  POSSESSION BY OTHERS NOT A DEFENSE.-Possession of
121	personal property or equipment by a third party is not a defense
122	to failure to return the property.
123	(8)  REPORTING VEHICLE AS STOLEN.-A lessor of a vehicle
124	that is not returned at the conclusion of the lease who
125	satisfies the requirements of this section concerning the
126	vehicle is entitled to report the vehicle as stolen to law
127	enforcement and have the vehicle listed as stolen on any local
128	or national registries of such vehicles.
129	Section 2.  This act shall take effect October 1, 2012.

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