Bill Text: FL S1276 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hiring, Leasing, or Obtaining Personal Property or Equipment With the Intent to Defraud
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 729 -SJ 1239 [S1276 Detail]
Download: Florida-2012-S1276-Introduced.html
Bill Title: Hiring, Leasing, or Obtaining Personal Property or Equipment With the Intent to Defraud
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 729 -SJ 1239 [S1276 Detail]
Download: Florida-2012-S1276-Introduced.html
Florida Senate - 2012 SB 1276 By Senator Latvala 16-00800-12 20121276__ 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.; providing that in 5 a prosecution for failing to return leased property or 6 equipment within a specified time to the lawful owner, 7 failure to return the property after a demand made by 8 certified mail or courier service creates a rebuttable 9 presumption that the lessee abandoned or refused to 10 return the property to the lessor; providing that 11 notice mailed by certified mail, return receipt 12 requested, or by delivery by courier with tracking 13 capabilities, to the address given by the renter at 14 the time of the rental is sufficient and equivalent to 15 notice having been received by the renter, if the 16 notice is returned undelivered; providing that 17 possession of personal property or equipment by a 18 third party is not a defense for failing to return the 19 personal property or equipment to its lawful owner; 20 providing that a demand for return of overdue property 21 or equipment and for payment of amounts due may be 22 made by courier service with tracking capabilities; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 812.155, Florida Statutes, is amended to 28 read: 29 812.155 Hiring, leasing, or obtaining personal property or 30 equipment with the intent to defraud; failing to return hired or 31 leased personal property or equipment; rules of evidence.— 32 (1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever, 33 with the intent to defraud the owner or any person lawfully 34 possessing any personal property or equipment, obtains the 35 custody of thesuchpersonal property or equipment by trick, 36 deceit, or fraudulent or willful false representation commits 37shall be guilty ofa misdemeanor of the second degree, 38 punishable as provided in s. 775.082 or s. 775.083, unless the 39 value of the personal property or equipment is of a value of 40 $300 or more; in that caseeventthe person commitsviolation41constitutesa felony of the third degree, punishable as provided 42 in s. 775.082, s. 775.083, or s. 775.084. 43 (2) HIRING OR LEASING WITH THE INTENT TO DEFRAUD.—Whoever, 44 with intent to defraud the owner or any person lawfully 45 possessinganypersonal property or equipment of the rental 46 thereof, hires or leases the personal property or equipment from 47 the owner or the owner’s agents or any person in lawful 48 possession thereof commitsshall, upon conviction, be guilty of49 a misdemeanor of the second degree, punishable as provided in s. 50 775.082 or s. 775.083, unless the value of the personal property 51 or equipment is of a value of $300 or more; in that caseevent52 the person commitsviolation constitutesa felony of the third 53 degree, punishable as provided in s. 775.082, s. 775.083, or s. 54 775.084. 55 (3) FAILURE TO RETURNREDELIVERHIRED OR LEASED PERSONAL 56 PROPERTY.—Whoever, after hiring or leasinganypersonal property 57 or equipment under an agreement to returnredeliverthe personal 58 propertysameto the person letting thesuchpersonal property 59 or equipment or his or her agent at the termination of the 60 period for which it was let, shall, without the consent of the 61suchperson or persons knowingly abandon or refuse to return 62redeliverthe personal property or equipment as agreed, commits 63shall, upon conviction, be guilty ofa misdemeanor of the second 64 degree, punishable as provided in s. 775.082 or s. 775.083, 65 unless the value of the personal property or equipment is of a 66 value of $300 or more; in that caseeventthe person commits 67violation constitutesa felony of the third degree, punishable 68 as provided in s. 775.082, s. 775.083, or s. 775.084. 69 (4) EVIDENCE.— 70 (a) In a prosecutionprosecutionsunder this section, 71 obtaining the property or equipment under false pretenses; 72 absconding without payment; or removing or attempting to remove 73 the property or equipment from the county without the express 74 written consent of the lessor, is evidence of fraudulent intent. 75 (b) In a prosecution under subsection (3), failure to 76 returnredeliverthe hired or leased personal property or 77 equipment to the lessor within 5 days after the lessor mailed a 78 demand to the lessee by certified mail, return receipt 79 requested, or delivered by courier service, with tracking 80 capability, the demand to the lessee’s address on the rental 81 contractafter receipt of, or within 5 days afterreturn receipt82from,the certified mailing or delivery by courier service with 83 tracking capabilities of the demand for return of the property, 84 creates a rebuttable presumptionis evidenceof abandonment or 85 refusal to returnredeliverthe property. Notice mailed by 86 certified mail, return receipt requested, or delivery by courier 87 with tracking capabilities, to the address given by the renter 88 at the time of rental isshallbe deemedsufficient and 89 equivalent to notice having been received by the renter, should 90 the notice be returned undelivered. 91 (c) In a prosecution under subsection (3), failure to pay 92 any amount due which is incurred as the result of the failure to 93 redeliver property after the rental period expires, and after 94 the demand for return creates a rebuttable presumptionis made,95is evidenceof abandonment or refusal to redeliver the property. 96 Amounts due include unpaid rental for the time period during 97 which the property or equipment was not returned and include the 98 lesser of the cost of repairing or replacing the property or 99 equipment if it has been damaged. 100 (d) Possession of personal property or equipment by a third 101 party is not a defense for failing to return the personal 102 property or equipment. 103 (5) DEMAND FOR RETURN.—Demand for return of overdue 104 property or equipment and for payment of amounts due may be made 105 in person, by hand delivery, or by certified mail, return 106 receipt requested, or by courier service with tracking 107 capabilities, addressed to the lessee’s address shown in the 108 rental contract. 109 (6) NOTICE REQUIRED.—As a prerequisite to prosecution under 110 this section, the following statement must be contained in the 111 agreement under which the owner or person lawfully possessing 112 the property or equipment has relinquished its custody, or in an 113 addendum to that agreement, and the statement must be initialed 114 by the person hiring or leasing the rental property or 115 equipment: 116 117 Failure to return rental property or equipment upon expiration 118 of the rental period and failure to pay all amounts due 119 (including costs for damage to the property or equipment) are 120 evidence of abandonment or refusal to redeliver the property, 121 punishable in accordance with section 812.155, Florida Statutes. 122 Section 2. This act shall take effect July 1, 2012.