Business Law 101 / THEFT OF SERVICES 

By Albert Kelley

Theft is not always taking someone’s personal property.  Sometimes what is taken is not something you can see, or something you generally think about.  Utility services such as electricity, water, telephone service, oil, gas, and Cablevision are all services that can be stolen. Even heat and sewer services can be stolen. These thefts generally occur by tampering with the metering system, bypassing a meter, or in some cases, actually taking the item (such as oil). The theft of utility services affects all of us. This is not the theft from an individual; it is a theft from all of the subscribers to the service. In other words, when people steal electricity, all of our electric bills go up.

To battle these types of theft, the law addresses various components that can come into play.  Most home utilities such as gas, water and electric are metered. Your home likely has an electric meter box on the side of the house and the water meter in the ground leading from your house.  When the utility is metered, taking any action that tampers with the meter is illegal. In fact, even breaking the seal on the meter (such as the small tag that hangs from the electric meter box) is illegal. It is also illegal to take action to cause the meter to give an inaccurate reading.  If a homeowner or renter learns their meter has been tampered with, it is also illegal to use or waste any utility service that should go through the meter. It should be noted that utility companies have become quite effective at discovering tampering efforts.

Aside from manipulating the meter box, there are other ways to steal utility services. Often thieves will try to bypass the meter by installing routing wires or pipes. One situation that many people don’t even think about is the theft of Cablevision within a building. Often, the homeowner will have a mother in law apartment attached to their home. If the home was connected to a Cablevision line, the homeowners often would attach a splitter to the cable line in order to run Cablevision to the mother in law apartment. While it is not illegal for the homeowner to split the cable for their own use (for example to a TV in the living room and a TV in the bedroom), allowing a tenant to use that service without paying for it is not lawful.  This form of theft has greatly been reduced through the use of cable boxes.

The final type of theft occurs when a person learns they are being provided utility services without paying for it. As an example, when a tenant moves into an apartment and learns that for some reason the electricity and/or water were not turned off after the previous tenant vacated, it is not lawful for that tenant to continue using the service without registering for it.  In addition, if a homeowner knows utility services to the apartment were connected illegally, they may not allow the apartment to be occupied until the service is made legal.  

The statute takes into account that a large portion of utility theft occurs in marijuana “grow houses”. These are homes that are rented or used primarily for growing marijuana indoors and out of the sight of law enforcement. Grow houses tend to use substantial amounts of electricity and water, far more than would be expected for pure residential use. As such, if controlled substances or materials for making controlled substances are found in the house, it can be deemed evidence of utility theft.

Thieves of utility services are liable to the utility company for three times the amount of utility stolen. They also are responsible for the cost of replacement equipment and for the cost of any specialized equipment needed to track down the theft.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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