Florida Statute 812.145 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.145

812.145 Theft of copper or other nonferrous metals.—

(1) As used in this section, the term:

(a) “Communications services” means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, including cable services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added.

(b) “Communications services provider” includes any person, firm, corporation, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of communications services.

(c) “Copper or other nonferrous metals” means metals not containing significant quantities of iron or steel, including, without limitation, copper, copper alloy, copper utility or communications service wire, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof.

(d) “Electrical substation” means a facility that takes electricity from the transmission grid and converts it to a lower voltage so it can be distributed to customers in the local area on the local distribution grid through one or more distribution lines less than 69 kilovolts in size.

(e) “Utility” means a public utility or electric utility as defined in s. 366.02, or a person, firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, or telephone, telegraph, radio, telecommunications, or communications service. The term includes any person, firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas or electricity services.

(f) “Utility service” means electricity for light, heat, or power and natural or manufactured gas for light, heat, or power, including the transportation, delivery, transmission, and distribution of electricity or natural or manufactured gas.

(2) A person who knowingly and intentionally takes copper or other nonferrous metals from a utility or communications services provider, thereby causing damage to the facilities of a utility or communications services provider, interrupting or interfering with utility service or communications services, or interfering with the ability of a utility or communications services provider to provide service, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who is found in a civil action to have illegally taken copper or other nonferrous metals from a utility or communications services provider based on a conviction for a violation of subsection (2) is liable to the utility or communications services provider for damages in an amount equal to three times the actual damages sustained by the utility or communications services provider due to any personal injury, wrongful death, or property damage caused by the illegal taking of the nonferrous metals or an amount equal to three times any claim made against the utility or communications services provider for any personal injury, wrongful death, or property damage caused by the malfunction of the facilities of the utility or communications services provider resulting from the violation of subsection (2), whichever is greater.

(4) A person who knowingly and intentionally removes copper or other nonferrous metals from an electrical substation without authorization of the utility commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 2008-195; s. 11, ch. 2012-179; s. 2, ch. 2012-185.

F.S. 812.145 on Google Scholar

F.S. 812.145 on Casetext

Amendments to 812.145

Arrestable Offenses / Crimes under Fla. Stat. 812.145

Level: Degree
Misdemeanor/Felony: First/Second/Third

S812.145 2 - LARC - TAKE COPPER OTHER METAL INTERFERE DAMG UTILITY - F: F

S812.145 4 - LARC - TAKE COPPER OTHER METAL ELECTRICAL SUBSTATION - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 812.145

Total Results: 9

SHAREE BAILEY v. ARVA COVINGTON

Court: District Court of Appeal of Florida | Date Filed: 2021-04-07

Snippet: the proceeds of the sale pursuant to section 812.0145(2)(b), Florida Statutes,2 seeking treble damages

Snell v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-09

Citation: 210 So. 3d 115, 2016 Fla. App. LEXIS 13529

Snippet: sixty-five years of age or older, see § 812.0145, Fla. Stat. (2013), one count of petit theft,

Ramsey v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-06

Citation: 124 So. 3d 444, 2013 WL 5932261, 2013 Fla. App. LEXIS 17698

Snippet: conspiracy to commit theft of copper, see section 812.145(2), Florida Statutes (2011), after the trial court

Rhodes v. O. Turner & Co., LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-07-17

Citation: 117 So. 3d 872, 2013 WL 3716943, 2013 Fla. App. LEXIS 11223

Snippet: no such document exist, [sic] 21. Pursuant to § 812.0145(2)(a), the Defendants have, with intent to deprive

Goldberg v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-23

Citation: 76 So. 3d 1072, 2011 Fla. App. LEXIS 20495, 2011 WL 6438868

Snippet: ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 812.0145(2)(c), Fla. Stat. (2009).

Guarscio v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-06-10

Citation: 64 So. 3d 146, 2011 Fla. App. LEXIS 8440, 2011 WL 2279019

Snippet: $50,000, the crime is a second-degree felony. § 812.0145(2)(b). When the amount is $800 or more but less

Migdal v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-12-05

Citation: 970 So. 2d 445, 2007 WL 4245410

Snippet: $10,000, which is a second-degree felony. See § 812.0145(2)(b), Fla. Stat. In the body of the information

Gruenwald v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-02-23

Citation: 899 So. 2d 1138, 2005 Fla. App. LEXIS 2002, 2005 WL 414838

Snippet: for an enhancement of the theft charges. Section 812.0145, Florida Statutes reclassifies the penalties for

Beckwith v. Webb's Fabulous Pharmacies, Inc.

Court: Supreme Court of Florida | Date Filed: 1979-05-31

Citation: 374 So. 2d 951

Snippet: creditors, tendering the purchase price of $1,812,145.77. The court appointed a receiver to determine