Florida Theft and Robbery Law
812.012 Definitions.--As used in ss. 812.012-812.037:
(1) "Cargo" means partial or entire shipments, containers, or cartons of
property which are contained in or on a trailer, motortruck, aircraft,
vessel, warehouse, freight station, freight consolidation facility, or
air navigation facility. Note: Notice how extensive the definitions
are, each one having a subsection.
(2) "Dealer in property" means any person in the business of buying and
selling property.
(3) "Obtains or uses" means any manner of:
(a) Taking or exercising control over property.
(b) Making any unauthorized use, disposition, or transfer of property.
(c) Obtaining property by fraud, willful misrepresentation of a future
act, or false promise.
(d)1. Conduct previously known as stealing; larceny; purloining;
abstracting; embezzlement; misapplication; misappropriation; conversion;
or obtaining money or property by false pretenses, fraud, or deception;
or
2. Other conduct similar in nature.
(4) "Property" means anything of value, and includes:
(a) Real property, including things growing on, affixed to, and found in
land.
(b) Tangible or intangible personal property, including rights,
privileges, interests, and claims.
(c) Services.
(5) "Property of another" means property in which a person has an
interest upon which another person is not privileged to infringe without
consent, whether or not the other person also has an interest in the
property.
(6) "Services" means anything of value resulting from a person's
physical or mental labor or skill, or from the use, possession, or
presence of property, and includes:
(a) Repairs or improvements to property.
(b) Professional services.
(c) Private, public, or government communication, transportation, power,
water, or sanitation services.
(d) Lodging accommodations.
(e) Admissions to places of exhibition or entertainment.
(7) "Stolen property" means property that has been the subject of any
criminally wrongful taking.
(8) "Traffic" means:
(a) To sell, transfer, distribute, dispense, or otherwise dispose of
property.
(b) To buy, receive, possess, obtain control of, or use property with
the intent to sell, transfer, distribute, dispense, or otherwise dispose
of such property.
(9) "Enterprise" means any individual, sole proprietorship, partnership,
corporation, business trust, union chartered under the laws of this
state, or other legal entity, or any unchartered union, association, or
group of individuals associated in fact although not a legal entity.
(10) "Value" means value determined according to any of the following:
(a)1. Value means the market value of the property at the time and place
of the offense or, if such cannot be satisfactorily ascertained, the
cost of replacement of the property within a reasonable time after the
offense.
2. The value of a written instrument that does not have a readily
ascertainable market value, in the case of an instrument such as a
check, draft, or promissory note, is the amount due or collectible or
is, in the case of any other instrument which creates, releases,
discharges, or otherwise affects any valuable legal right, privilege, or
obligation, the greatest amount of economic loss that the owner of the
instrument might reasonably suffer by virtue of the loss of the
instrument.
3. The value of a trade secret that does not have a readily
ascertainable market value is any reasonable value representing the
damage to the owner, suffered by reason of losing an advantage over
those who do not know of or use the trade secret.
(b) If the value of property cannot be ascertained, the trier of fact
may find the value to be not less than a certain amount; if no such
minimum value can be ascertained, the value is an amount less than $100.
(c) Amounts of value of separate properties involved in thefts committed
pursuant to one scheme or course of conduct, whether the thefts are from
the same person or from several persons, may be aggregated in
determining the grade of the offense.
812.014 Theft.--
(1) A person commits theft if he or she knowingly obtains or uses, or
endeavors to obtain or to use, the property of another with intent to,
either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit
from the property.
(b) Appropriate the property to his or her own use or to the use of any
person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more; or
2. If the property stolen is cargo valued at $50,000 or more that has
entered the stream of interstate or intrastate commerce from the
shipper's loading platform to the consignee's receiving dock; or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor
vehicle as an instrumentality, other than merely as a getaway vehicle,
to assist in committing the offense and thereby damages the real
property of another; or
b. In the course of committing the offense the offender causes damage to
the real or personal property of another in excess of $1,000,
the offender commits grand theft in the first degree, punishable as a
felony of the first degree, as provided in s. 775.082, s. 775.083, or s.
775.084.
(b)1. If the property stolen is valued at $20,000 or more, but less than
$100,000;
2. The property stolen is cargo valued at less than $50,000 that has
entered the stream of interstate or intrastate commerce from the
shipper's loading platform to the consignee's receiving dock; or
3. The property stolen is emergency medical equipment, valued at $300 or
more, that is taken from a facility licensed under chapter 395 or from
an aircraft or vehicle permitted under chapter 401,
the offender commits grand theft in the second degree, punishable as a
felony of the second degree, as provided in s. 775.082, s. 775.083, or
s. 775.084. Emergency medical equipment means mechanical or electronic
apparatus used to provide emergency services and care as defined in s.
395.002(10) or to treat medical emergencies.
(c) It is grand theft of the third degree and a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (2)(a).
7. Any commercially farmed animal, including any animal of the equine,
bovine, or swine class, or other grazing animal, and including
aquaculture species raised at a certified aquaculture facility. If the
property stolen is aquaculture species raised at a certified aquaculture
facility, then a $10,000 fine shall be imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more individual
pieces of fruit.
10. Taken from a designated construction site identified by the posting
of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.
(d) It is grand theft of the third degree and a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
if the property stolen is valued at $100 or more, but less than $300,
and is taken from a dwelling as defined in s. 810.011(2) or from the
unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
(e) Except as provided in paragraph (d), if the property stolen is
valued at $100 or more, but less than $300, the offender commits petit
theft of the first degree, punishable as a misdemeanor of the first
degree, as provided in s. 775.082 or s. 775.083.
(3)(a) Theft of any property not specified in subsection (2) is petit
theft of the second degree and a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083, and as provided in
subsection (5), as applicable.
(b) A person who commits petit theft and who has previously been
convicted of any theft commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(c) A person who commits petit theft and who has previously been
convicted two or more times of any theft commits a felony of the third
degree, punishable as provided in s. 775.082 or s. 775.083.
(d)1. Every judgment of guilty or not guilty of a petit theft shall be
in writing, signed by the judge, and recorded by the clerk of the
circuit court. The judge shall cause to be affixed to every such written
judgment of guilty of petit theft, in open court and in the presence of
such judge, the fingerprints of the defendant against whom such judgment
is rendered. Such fingerprints shall be affixed beneath the judge's
signature to such judgment. Beneath such fingerprints shall be appended
a certificate to the following effect:
"I hereby certify that the above and foregoing fingerprints on this
judgment are the fingerprints of the defendant, _____, and that they
were placed thereon by said defendant in my presence, in open court,
this the _____ day of _____, (year) ."
Such certificate shall be signed by the judge, whose signature thereto
shall be followed by the word "Judge."
2. Any such written judgment of guilty of a petit theft, or a certified
copy thereof, is admissible in evidence in the courts of this state as
prima facie evidence that the fingerprints appearing thereon and
certified by the judge are the fingerprints of the defendant against
whom such judgment of guilty of a petit theft was rendered.
(4) Failure to comply with the terms of a lease when the lease is for a
term of 1 year or longer shall not constitute a violation of this
section unless demand for the return of the property leased has been
made in writing and the lessee has failed to return the property within
7 days of his or her receipt of the demand for return of the property. A
demand mailed by certified or registered mail, evidenced by return
receipt, to the last known address of the lessee shall be deemed
sufficient and equivalent to the demand having been received by the
lessee, whether such demand shall be returned undelivered or not.
(5)(a) No person shall drive a motor vehicle so as to cause it to leave
the premises of an establishment at which gasoline offered for retail
sale was dispensed into the fuel tank of such motor vehicle unless the
payment of authorized charge for the gasoline dispensed has been made.
(b) In addition to the penalties prescribed in paragraph (3)(a), every
judgment of guilty of a petit theft for property described in this
subsection shall provide for the suspension of the convicted person's
driver's license. The court shall forward the driver's license to the
Department of Highway Safety and Motor Vehicles in accordance with s.
322.25.
1. The first suspension of a driver's license under this subsection
shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver's license under this
subsection shall be for a period of 1 year.
812.0145 Theft from persons 65 years of age or older;
reclassification of offenses.--
(1) A person who is convicted of theft of more than $1,000 from a person
65 years of age or older shall be ordered by the sentencing judge to
make restitution to the victim of such offense and to perform up to 500
hours of community service work. Restitution and community service work
shall be in addition to any fine or sentence which may be imposed and
shall not be in lieu thereof.
(2) Whenever a person is charged with committing theft from a person 65
years of age or older, when he or she knows or has reason to believe
that the victim was 65 years of age or older, the offense for which the
person is charged shall be reclassified as follows:
(a) If the funds, assets, or property involved in the theft from a
person 65 years of age or older is valued at $50,000 or more, the
offender commits a felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(b) If the funds, assets, or property involved in the theft from a
person 65 years of age or older is valued at $10,000 or more, but less
than $50,000, the offender commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the funds, assets, or property involved in the theft from a
person 65 years of age or older is valued at $300 or more, but less than
$10,000, the offender commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
812.015 Retail and farm theft; transit fare evasion; mandatory fine;
alternative punishment; detention and arrest; exemption from liability
for false arrest; resisting arrest; penalties.--
(1) As used in this section:
(a) "Merchandise" means any personal property, capable of manual
delivery, displayed, held, or offered for retail sale by a merchant.
(b) "Merchant" means an owner or operator, or the agent, consignee,
employee, lessee, or officer of an owner or operator, of any premises or
apparatus used for retail purchase or sale of any merchandise.
(c) "Value of merchandise" means the sale price of the merchandise at
the time it was stolen or otherwise removed, depriving the owner of her
or his lawful right to ownership and sale of said item.
(d) "Retail theft" means the taking possession of or carrying away of
merchandise, property, money, or negotiable documents; altering or
removing a label, universal product code, or price tag; transferring
merchandise from one container to another; or removing a shopping cart,
with intent to deprive the merchant of possession, use, benefit, or full
retail value.
(e) "Farm produce" means livestock or any item grown, produced, or
manufactured by a person owning, renting, or leasing land for the
purpose of growing, producing, or manufacturing items for sale or
personal use, either part time or full time.
(f) "Farmer" means a person who is engaging in the growing or producing
of farm produce, milk products, eggs, or meat, either part time or full
time, for personal consumption or for sale and who is the owner or
lessee of the land or a person designated in writing by the owner or
lessee to act as her or his agent. No person defined as a farm labor
contractor pursuant to s. 450.28 shall be designated to act as an agent
for purposes of this section.
(g) "Farm theft" means the unlawful taking possession of any items that
are grown or produced on land owned, rented, or leased by another
person.
(h) "Antishoplifting or inventory control device" means a mechanism or
other device designed and operated for the purpose of detecting the
removal from a mercantile establishment or similar enclosure, or from a
protected area within such an enclosure, of specially marked or tagged
merchandise. The term includes any electronic or digital imaging or any
video recording or other film used for security purposes and the cash
register tape or other record made of the register receipt.
(i) "Antishoplifting or inventory control device countermeasure" means
any item or device which is designed, manufactured, modified, or altered
to defeat any antishoplifting or inventory control device.
(j) "Transit fare evasion" means the unlawful refusal to pay the
appropriate fare for transportation upon a mass transit vehicle, or to
evade the payment of such fare, or to enter any mass transit vehicle or
facility by any door, passageway, or gate, except as provided for the
entry of fare-paying passengers, and shall constitute petit theft as
proscribed by this chapter.
(k) "Mass transit vehicle" means buses, rail cars, or fixed-guideway
mover systems operated by, or under contract to, state agencies,
political subdivisions of the state, or municipalities for the
transportation of fare-paying passengers.
(l) "Transit agency" means any state agency, political subdivision of
the state, or municipality which operates mass transit vehicles.
(m) "Trespass" means the violation as described in s. 810.08.
(2) Upon a second or subsequent conviction for petit theft from a
merchant, farmer, or transit agency, the offender shall be punished as
provided in s. 812.014(3), except that the court shall impose a fine of
not less than $50 or more than $1,000. However, in lieu of such fine,
the court may require the offender to perform public services designated
by the court. In no event shall any such offender be required to perform
fewer than the number of hours of public service necessary to satisfy
the fine assessed by the court, as provided by this subsection, at the
minimum wage prevailing in the state at the time of sentencing.
(3)(a) A law enforcement officer, a merchant, a farmer, or a transit
agency's employee or agent, who has probable cause to believe that a
retail theft, farm theft, a transit fare evasion, or trespass, or
unlawful use or attempted use of any antishoplifting or inventory
control device countermeasure, has been committed by a person and, in
the case of retail or farm theft, that the property can be recovered by
taking the offender into custody may, for the purpose of attempting to
effect such recovery or for prosecution, take the offender into custody
and detain the offender in a reasonable manner for a reasonable length
of time. In the case of a farmer, taking into custody shall be
effectuated only on property owned or leased by the farmer. In the event
the merchant, merchant's employee, farmer, or a transit agency's
employee or agent takes the person into custody, a law enforcement
officer shall be called to the scene immediately after the person has
been taken into custody.
(b) The activation of an antishoplifting or inventory control device as
a result of a person exiting an establishment or a protected area within
an establishment shall constitute reasonable cause for the detention of
the person so exiting by the owner or operator of the establishment or
by an agent or employee of the owner or operator, provided sufficient
notice has been posted to advise the patrons that such a device is being
utilized. Each such detention shall be made only in a reasonable manner
and only for a reasonable period of time sufficient for any inquiry into
the circumstances surrounding the activation of the device.
(c) The taking into custody and detention by a law enforcement officer,
merchant, merchant's employee, farmer, or a transit agency's employee or
agent, if done in compliance with all the requirements of this
subsection, shall not render such law enforcement officer, merchant,
merchant's employee, farmer, or a transit agency's employee or agent,
criminally or civilly liable for false arrest, false imprisonment, or
unlawful detention.
(4) Any law enforcement officer may arrest, either on or off the
premises and without warrant, any person the officer has probable cause
to believe unlawfully possesses, or is unlawfully using or attempting to
use or has used or attempted to use, any antishoplifting or inventory
control device countermeasure or has committed theft in a retail or
wholesale establishment or on commercial or private farm lands of a
farmer or transit fare evasion or trespass.
(5)(a) A merchant, merchant's employee, farmer, or a transit agency's
employee or agent who takes a person into custody, as provided in
subsection (3), or who causes an arrest, as provided in subsection (4),
of a person for retail theft, farm theft, transit fare evasion, or
trespass shall not be criminally or civilly liable for false arrest or
false imprisonment when the merchant, merchant's employee, farmer, or a
transit agency's employee or agent has probable cause to believe that
the person committed retail theft, farm theft, transit fare evasion, or
trespass.
(b) If a merchant or merchant's employee takes a person into custody as
provided in this section, or acts as a witness with respect to any
person taken into custody as provided in this section, the merchant or
merchant's employee may provide his or her business address rather than
home address to any investigating law enforcement officer.
(6) An individual who, while committing or after committing theft of
property, transit fare evasion, or trespass, resists the reasonable
effort of a law enforcement officer, merchant, merchant's employee,
farmer, or a transit agency's employee or agent to recover the property
or cause the individual to pay the proper transit fare or vacate the
transit facility which the law enforcement officer, merchant, merchant's
employee, farmer, or a transit agency's employee or agent had probable
cause to believe the individual had concealed or removed from its place
of display or elsewhere or perpetrated a transit fare evasion or
trespass commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, unless the individual did not
know, or did not have reason to know, that the person seeking to recover
the property was a law enforcement officer, merchant, merchant's
employee, farmer, or a transit agency's employee or agent. For purposes
of this section the charge of theft and the charge of resisting may be
tried concurrently.
(7) It is unlawful to possess, or use or attempt to use, any
antishoplifting or inventory control device countermeasure within any
premises used for the retail purchase or sale of any merchandise. Any
person who possesses any antishoplifting or inventory control device
countermeasure within any premises used for the retail purchase or sale
of any merchandise commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. Any person who uses
or attempts to use any antishoplifting or inventory control device
countermeasure within any premises used for the retail purchase or sale
of any merchandise commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(8) If a person commits retail theft, it is a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
if the property stolen is valued at $300 or more, and the person:
(a) Individually, or in concert with one or more other persons,
coordinates the activities of one or more individuals in committing the
offense, in which case the amount of each individual theft is aggregated
to determine the value of the property stolen;
(b) Commits theft from more than one location within a 48-hour period,
in which case the amount of each individual theft is aggregated to
determine the value of the property stolen;
(c) Acts in concert with one or more other individuals within one or
more establishments to distract the merchant, merchant's employee, or
law enforcement officer in order to carry out the offense, or acts in
other ways to coordinate efforts to carry out the offense; or
(d) Commits the offense through the purchase of merchandise in a package
or box that contains merchandise other than, or in addition to, the
merchandise purported to be contained in the package or box.
(9) Any person who violates subsection (8) and who has previously been
convicted of a violation of subsection (8) commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
812.0155 Suspension of driver's license following an adjudication of
guilt for theft.--
(1) Except as provided in subsections (2) and (3), the court may order
the suspension of the driver's license of each person adjudicated guilty
of any misdemeanor violation of s. 812.014 or s. 812.015, regardless of
the value of the property stolen. The court shall order the suspension
of the driver's license of each person adjudicated guilty of any
misdemeanor violation of s. 812.014 or s. 812.015 who has previously
been convicted of such an offense. Upon ordering the suspension of the
driver's license of the person adjudicated guilty, the court shall
forward the driver's license of the person adjudicated guilty to the
Department of Highway Safety and Motor Vehicles in accordance with s.
322.25.
(a) The first suspension of a driver's license under this subsection
shall be for a period of up to 6 months.
(b) A second or subsequent suspension of a driver's license under this
subsection shall be for 1 year.
(2) The court may revoke, suspend, or withhold issuance of a driver's
license of a person less than 18 years of age who violates s. 812.014 or
s. 812.015 as an alternative to sentencing the person to:
(a) Probation as defined in s. 985.03 or commitment to the Department of
Juvenile Justice, if the person is adjudicated delinquent for such
violation and has not previously been convicted of or adjudicated
delinquent for any criminal offense, regardless of whether adjudication
was withheld.
(b) Probation as defined in s. 985.03, commitment to the Department of
Juvenile Justice, probation as defined in chapter 948, community
control, or incarceration, if the person is convicted as an adult of
such violation and has not previously been convicted of or adjudicated
delinquent for any criminal offense, regardless of whether adjudication
was withheld.
(3) As used in this subsection, the term "department" means the
Department of Highway Safety and Motor Vehicles. A court that revokes,
suspends, or withholds issuance of a driver's license under subsection
(2) shall:
(a) If the person is eligible by reason of age for a driver's license or
driving privilege, direct the department to revoke or withhold issuance
of the person's driver's license or driving privilege for not less than
6 months and not more than 1 year;
(b) If the person's driver's license is under suspension or revocation
for any reason, direct the department to extend the period of suspension
or revocation by not less than 6 months and not more than 1 year; or
(c) If the person is ineligible by reason of age for a driver's license
or driving privilege, direct the department to withhold issuance of the
person's driver's license or driving privilege for not less than 6
months and not more than 1 year after the date on which the person would
otherwise become eligible.
(4) Subsections (2) and (3) do not preclude the court from imposing any
sanction specified or not specified in subsection (2) or subsection (3).
812.016 Possession of altered property.--Any dealer in property
who knew or should have known that the identifying features, such as
serial numbers and permanently affixed labels, of property in his or her
possession had been removed or altered without the consent of the
manufacturer, shall be guilty of a misdemeanor of the first degree,
punishable as defined in ss. 775.082 and 775.083.
812.017 Use of a fraudulently obtained or false receipt.--
(1) Any person who requests a refund of merchandise, money, or any other
thing of value through the use of a fraudulently obtained receipt or
false receipt commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(2) Any person who obtains merchandise, money, or any other thing of
value through the use of a fraudulently obtained receipt or false
receipt commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
812.019 Dealing in stolen property.--
(1) Any person who traffics in, or endeavors to traffic in, property
that he or she knows or should know was stolen shall be guilty of a
felony of the second degree, punishable as provided in ss. 775.082,
775.083, and 775.084.
(2) Any person who initiates, organizes, plans, finances, directs,
manages, or supervises the theft of property and traffics in such stolen
property shall be guilty of a felony of the first degree, punishable as
provided in ss. 775.082, 775.083, and 775.084.
812.0191 Dealing in property paid for in whole or in part by the
Medicaid program.--
(1) As used in this section, the term:
(a) "Property paid for in whole or in part by the Medicaid program"
means any devices, goods, services, drugs, or any other property
furnished or intended to be furnished to a recipient of benefits under
the Medicaid program.
(b) "Value" means the amount billed to Medicaid for the property
dispensed or the market value of the devices, goods, services, or drugs
at the time and place of the offense. If the market value cannot be
determined, the term means the replacement cost of the devices, goods,
services, or drugs within a reasonable time after the offense.
(2) Any person who traffics in, or endeavors to traffic in, property
that he or she knows or should have known was paid for in whole or in
part by the Medicaid program commits a felony.
(a) If the value of the property involved is less than $20,000, the
crime is a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(b) If the value of the property involved is $20,000 or more but less
than $100,000, the crime is a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the value of the property involved is $100,000 or more, the crime
is a felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
The value of individual items of the devices, goods, services, drugs, or
other property involved in distinct transactions committed during a
single scheme or course of conduct, whether involving a single person or
several persons, may be aggregated when determining the punishment for
the offense.
(3) Any person who knowingly initiates, organizes, plans, finances,
directs, manages, or supervises the obtaining of property paid for in
whole or in part by the Medicaid program and who traffics in, or
endeavors to traffic in, such property commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
812.0195 Dealing in stolen property by use of the Internet.--Any
person in this state who uses the Internet to sell or offer for sale any
merchandise or other property that the person knows, or has reasonable
cause to believe, is stolen commits:
(1) A misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083, if the value of the property is less than $300;
or
(2) A felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084, if the value of the property is $300 or more.
812.022 Evidence of theft or dealing in stolen property.--
(1) Proof that a person presented false identification, or
identification not current with respect to name, address, place of
employment, or other material aspects, in connection with the leasing of
personal property, or failed to return leased property within 72 hours
of the termination of the leasing agreement, unless satisfactorily
explained, gives rise to an inference that such property was obtained or
is now used with intent to commit theft.
(2) Except as provided in subsection (5), proof of possession of
property recently stolen, unless satisfactorily explained, gives rise to
an inference that the person in possession of the property knew or
should have known that the property had been stolen.
(3) Proof of the purchase or sale of stolen property at a price
substantially below the fair market value, unless satisfactorily
explained, gives rise to an inference that the person buying or selling
the property knew or should have known that the property had been
stolen.
(4) Proof of the purchase or sale of stolen property by a dealer in
property, out of the regular course of business or without the usual
indicia of ownership other than mere possession, unless satisfactorily
explained, gives rise to an inference that the person buying or selling
the property knew or should have known that it had been stolen.
(5) Proof that a dealer who regularly deals in used property possesses
stolen property upon which a name and phone number of a person other
than the offeror of the property are conspicuously displayed gives rise
to an inference that the dealer possessing the property knew or should
have known that the property was stolen.
(a) If the name and phone number are for a business that rents property,
the dealer avoids the inference by contacting such business, prior to
accepting the property, to verify that the property was not stolen from
such business. If the name and phone number are not for a business that
rents property, the dealer avoids the inference by contacting the local
law enforcement agency in the jurisdiction where the dealer is located,
prior to accepting the property, to verify that the property has not
been reported stolen. An accurate written record, which contains the
number called, the date and time of such call, and the name and place of
employment of the person who verified that the property was not stolen,
is sufficient evidence to avoid the inference pursuant to this
subsection.
(b) This subsection does not apply to:
1. Persons, entities, or transactions exempt from chapter 538.
2. Used sports equipment that does not contain a serial number, printed
or recorded materials, computer software, or videos or video games.
3. A dealer who implements, in a continuous and consistent manner, a
program for identification and return of stolen property that meets the
following criteria:
a. When a dealer is offered property for pawn or purchase that contains
conspicuous identifying information that includes a name and phone
number, or a dealer is offered property for pawn or purchase that
contains ownership information that is affixed to the property pursuant
to a written agreement with a business entity or group of associated
business entities, the dealer will promptly contact the individual or
company whose name is affixed to the property by phone to confirm that
the property has not been stolen. If the individual or business
contacted indicates that the property has been stolen, the dealer shall
not accept the property.
b. If the dealer is unable to verify whether the property is stolen from
the individual or business, and if the dealer accepts the property that
is later determined to have been stolen, the dealer will voluntarily
return the property at no cost and without the necessity of a replevin
action, if the property owner files the appropriate theft reports with
law enforcement and enters into an agreement with the dealer to actively
participate in the prosecution of the person or persons who perpetrated
the crime.
c. If a dealer is required by law to complete and submit a transaction
form to law enforcement, the dealer shall include all conspicuously
displayed ownership information on the transaction form.
812.025 Charging theft and dealing in stolen property.--Notwithstanding
any other provision of law, a single indictment or information may,
under proper circumstances, charge theft and dealing in stolen property
in connection with one scheme or course of conduct in separate counts
that may be consolidated for trial, but the trier of fact may return a
guilty verdict on one or the other, but not both, of the counts.
812.028 Defenses precluded.--It shall not constitute a defense to
a prosecution for any violation of the provisions of ss. 812.012-812.037
that:
(1) Any stratagem or deception, including the use of an undercover
operative or law enforcement officer, was employed.
(2) A facility or an opportunity to engage in conduct in violation of
any provision of this act was provided.
(3) Property that was not stolen was offered for sale as stolen
property.
(4) A law enforcement officer solicited a person predisposed to engage
in conduct in violation of any provision of ss. 812.012-812.037 in order
to gain evidence against that person, provided such solicitation would
not induce an ordinary law-abiding person to violate any provision of ss.
812.012-812.037.
812.032 Supplemental fine.--In addition to any other fine
authorized by law, a person found guilty of violating any provision of
ss. 812.012-812.037, who has thereby derived anything of value, or who
has caused personal injury, property damage, or other loss, may, upon
motion of the state attorney, be sentenced to pay a fine that does not
exceed twice the gross value gained or twice the gross loss caused,
whichever is greater, plus the cost of investigation and prosecution.
The court shall hold a hearing to determine the amount of the fine to be
imposed under this section.
812.035 Civil remedies; limitation on civil and criminal actions.--
(1) Any circuit court may, after making due provisions for the rights of
innocent persons, enjoin violations of the provisions of ss.
812.012-812.037 or s. 812.081 by issuing appropriate orders and
judgments, including, but not limited to:
(a) Ordering any defendant to divest himself or herself of any interest
in any enterprise, including real estate.
(b) Imposing reasonable restrictions upon the future activities or
investments of any defendant, including, but not limited to, prohibiting
any defendant from engaging in the same type of endeavor as the
enterprise in which he or she was engaged in violation of the provisions
of ss. 812.012-812.037 or s. 812.081.
(c) Ordering the dissolution or reorganization of any enterprise.
(d) Ordering the suspension or revocation of any license, permit, or
prior approval granted to any enterprise by any department or agency of
the state.
(e) Ordering the forfeiture of the charter of a corporation organized
under the laws of the state or the revocation of a certificate
authorizing a foreign corporation to conduct business within the state,
upon finding that the board of directors or a managerial agent acting on
behalf of the corporation, in conducting the affairs of the corporation,
has authorized or engaged in conduct in violation of ss. 812.012-812.037
or s. 812.081 and that, for the prevention of future criminal activity,
the public interest requires the charter of the corporation forfeited
and the corporation dissolved or the certificate revoked.
(2) All property, real or personal, including money, used in the course
of, intended for use in the course of, derived from, or realized through
conduct in violation of a provision of ss. 812.012-812.037 or s. 812.081
is subject to civil forfeiture to the state. The state shall dispose of
all forfeited property as soon as commercially feasible. If property is
not exercisable or transferable for value by the state, it shall expire.
All forfeitures or dispositions under this section shall be made with
due provision for the rights of innocent persons.
(3) Property subject to forfeiture under this section may be seized by a
law enforcement officer upon court process. Seizure without process may
be made if:
(a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant.
(b) The property subject to seizure has been the subject of a prior
judgment in favor of the state in a forfeiture proceeding based upon
this section.
(c) The law enforcement officer has probable cause to believe that the
property is directly or indirectly dangerous to the public health or
safety.
(d) The law enforcement officer has probable cause to believe that the
property is otherwise subject to forfeiture under this section.
(4) In the event of a seizure under subsection (3), a forfeiture
proceeding shall be instituted promptly. When property is seized under
this section, pending forfeiture and final disposition, the law
enforcement officer may:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require another agency authorized by law to take custody of the
property and remove it to an appropriate location.
(5) The Department of Legal Affairs, any state attorney, or any state
agency having jurisdiction over conduct in violation of a provision of
ss. 812.012-812.037 or s. 812.081 may institute civil proceedings under
this section. In any action brought under this section, the circuit
court shall proceed as soon as practicable to the hearing and
determination. Pending final determination, the circuit court may at any
time enter such injunctions, prohibitions, or restraining orders, or
take such actions, including the acceptance of satisfactory performance
bonds, as the court may deem proper.
(6) Any aggrieved person may institute a proceeding under subsection
(1). In such proceeding, relief shall be granted in conformity with the
principles that govern the granting of injunctive relief from threatened
loss or damage in other civil cases, except that no showing of special
or irreparable damage to the person shall have to be made. Upon the
execution of proper bond against damages for an injunction improvidently
granted and a showing of immediate danger of significant loss or damage,
a temporary restraining order and a preliminary injunction may be issued
in any such action before a final determination on the merits.
(7) The state, including any of its agencies, instrumentalities,
subdivisions, or municipalities, if it proves by clear and convincing
evidence that it has been injured in any fashion by reason of any
violation of the provisions of ss. 812.012-812.037 or s. 812.081, has a
cause of action for threefold the actual damages sustained and, in any
such action, is entitled to minimum damages in the amount of $200 and
shall also recover court costs and reasonable attorney's fees in the
trial and appellate courts. In no event shall punitive damages be
awarded under this section. The defendant shall be entitled to recover
reasonable attorney's fees and court costs in the trial and appellate
courts upon a finding that the claimant raised a claim which was without
substantial fact or legal support.
(8) A final judgment or decree rendered in favor of the state in any
criminal proceeding under ss. 812.012-812.037 or s. 812.081 shall estop
the defendant in any subsequent civil action or proceeding as to all
matters as to which such judgment or decree would be an estoppel as
between the parties.
(9) The Department of Legal Affairs may, upon timely application,
intervene in any civil action or proceeding brought under subsection (6)
or subsection (7) if he or she certifies that, in his or her opinion,
the action or proceeding is of general public importance. In such action
or proceeding, the state shall be entitled to the same relief as if the
Department of Legal Affairs had instituted this action or proceeding.
(10) Notwithstanding any other provision of law, a criminal or civil
action or proceeding under ss. 812.012-812.037 or s. 812.081 may be
commenced at any time within 5 years after the cause of action accrues;
however, in a criminal proceeding under ss. 812.012-812.037 or s.
812.081, the period of limitation does not run during any time when the
defendant is continuously absent from the state or is without a
reasonably ascertainable place of abode or work within the state, but in
no case shall this extend the period of limitation otherwise applicable
by more than 1 year. If a criminal prosecution or civil action or other
proceeding is brought, or intervened in, to punish, prevent, or restrain
any violation of the provisions of ss. 812.012-812.037 or s. 812.081,
the running of the period of limitations prescribed by this section with
respect to any cause of action arising under subsection (6) or
subsection (7) which is based in whole or in part upon any matter
complained of in any such prosecution, action, or proceeding shall be
suspended during the pendency of such prosecution, action, or proceeding
and for 2 years following its termination.
(11) The application of one civil remedy under any provision of ss.
812.012-812.037 or s. 812.081 shall not preclude the application of any
other remedy, civil or criminal, under ss. 812.012-812.037 or s. 812.081
or any other section of the Florida Statutes.
812.037 Construction of ss. 812.012-812.037.--Notwithstanding s.
775.021, ss. 812.012-812.037 shall not be construed strictly or
liberally, but shall be construed in light of their purposes to achieve
their remedial goals.
812.052 Certain purchases prohibited.--It shall be unlawful for
any person to purchase any object used to commemorate a deceased person
or placed in memory of a deceased person, or any part of such object,
unless the same is sold by an authorized representative of the deceased
person or of the cemetery in which such object was placed. Violation of
this provision shall be a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
812.055 Physical inspection of junkyards, scrap metal processing
plants, salvage yards, licensed motor vehicle or vessel dealers, repair
shops, parking lots, public garages, towing and storage facilities.--
(1) Any law enforcement officer shall have the right to inspect any
junkyard; scrap metal processing plant; motor vehicle or vessel salvage
yard; licensed motor vehicle or vessel dealer's lot; motor vehicle,
vessel, or outboard repair shop; parking lot; public garage; towing and
storage facility; or other establishment dealing with salvaged motor
vehicle, vessel, or outboard parts.
(2) Such physical inspection shall be conducted during normal business
hours and shall be for the purpose of locating stolen vehicles, vessels,
or outboard motors; investigating the titling and registration of
vehicles or vessels; inspecting vehicles, vessels, or outboard motors
wrecked or dismantled; or inspecting records required in ss. 319.30 and
713.78.
812.061 Larceny; return of property to owner; procedure.--In every
instance in which any money or motor vehicle shall have been taken from
its rightful owner under circumstances constituting larceny of such
money or motor vehicle and such money or motor vehicle is being held by
state, county or municipal officials as evidence, the rightful owner of
such money or motor vehicle may obtain the return and possession thereof
in the following manner:
(1) The rightful owner shall file a petition in the court having
criminal jurisdiction describing the money or motor vehicle, the time
and manner in which the same was taken from the rightful owner, the
value thereof if the same is money or motor vehicle, and that the
petitioner is the true and lawful owner thereof. Such petition shall be
under oath, sworn to by the petitioner or, if the petitioner if a
corporation, by a duly authorized officer or agent thereof, or by such
person other than the petitioner who shall have actual knowledge of the
facts alleged in such petition.
(2) Notice of the filing of such petition and a copy thereof shall be
served upon any person charged with the larceny of the money or motor
vehicle involved in the same manner and for the same fee as the service
of a summons.
(3) If no person has been charged by indictment or information with
larceny of the money or motor vehicle involved, or if a person has been
so charged and cannot be found within the jurisdiction of the court out
of which capias has issued and that fact has been noted on the return of
such capias, then the petitioner shall publish in a newspaper of general
circulation within the county in which the alleged larceny occurred once
a week for 2 consecutive weeks, two publications being sufficient,
notice of the filing of such petition. Such notice shall describe the
money or motor vehicle involved and the time and particular place of its
taking.
(4) Copies of the mentioned petition shall be furnished the officer
having custody of the money or motor vehicle involved and also the
prosecuting officer of the court having criminal jurisdiction and such
officers shall be notified of any hearings and proceedings had upon such
petition.
(5) Within 5 days after receipt of service of the notice hereinabove
provided or within 10 days after the last publication of the mentioned
notice, any person other than the petitioner claiming title or right of
possession to the money or motor vehicle involved shall file his or her
objections to the granting of such petition. Such objections shall be
under oath of the person making them and shall set forth facts showing
that the petitioner is not the rightful owner or not entitled to
possession. If the person interposing objections to the petition desires
that the question of ownership or right to possession be resolved by a
jury, he or she shall make and file a demand for a jury trial at the
time of filing his or her objections. If the objector fails to demand a
jury trial at such time he or she shall be deemed to have waived such
right.
(6) If objections are filed, as herein provided, the court having
criminal jurisdiction may order the pleadings transferred to the court
having civil jurisdiction of the cause where the same shall be
adjudicated upon the pleadings, or he or she may defer hearing the
matter until the criminal case has been adjudicated.
(7) If no objections are filed within the time herein provided, the
court having criminal jurisdiction shall hear the matter and may, if
satisfied that the petitioner is the rightful owner of the money or
motor vehicle involved, order such money or motor vehicle returned to
the petitioner. The court may, in its discretion, require the petitioner
to post a bond in such amount as the court shall deem proper,
conditioned that the petitioner will return the motor vehicle or the
value of the money to the court within such time as shall be fixed by
the court in the event it should be subsequently determined in judicial
proceedings that the petitioner is not the rightful owner of such money
or motor vehicle.
(8) When money or motor vehicle is returned to the rightful owner, as
hereinabove provided, the court shall direct the clerk to make a
detailed inventory description of such money or motor vehicle. The clerk
in compliance with such direction shall make such inventory and
description, including photographs of the motor vehicle involved where
practicable and certify the same as being a true and correct inventory
and description. The certified inventory and description shall then be
filed by the clerk among the records of his or her office.
(9) In any trial involving the larceny of money or motor vehicle which
has been returned to the rightful owner, as hereinabove provided, and it
shall be necessary therein to adduce testimony concerning such money or
motor vehicle, secondary evidence, including the certified inventory and
description thereof shall be admissible in the same manner and to the
same effect as would the admission of the said money or motor vehicle,
had the same not been returned.
(10) The fact that any person charged with the larceny of money or motor
vehicle has failed to object to the return of such money or motor
vehicle to the alleged rightful owner thereof, or the fact that such
money or motor vehicle has been returned to the alleged rightful owner
thereof under the provisions of this law, shall not be offered, received
or considered as evidence either for or against the defendant in such
criminal action.
812.062 Notification to owner and law enforcement agency initiating
stolen motor vehicle report upon recovery of stolen vehicle.--
(1) Whenever any law enforcement agency recovers a motor vehicle which
has been unlawfully taken from its owner, it shall, within 72 hours,
notify, by teletype or by any other speedy means available, the law
enforcement agency which initiated the stolen vehicle report of the
recovery. The law enforcement agency which initiated the stolen vehicle
report shall, within 7 days after notification, notify, if known, the
registered owner, the insurer, and any registered lienholder of the
vehicle of the recovery.
(2) If notification has not been made within the 7-day period by the
initiating agency, then notification shall be made immediately by
certified letter, return receipt requested, by the law enforcement
agency which initiated the stolen vehicle report.
812.081 Trade secrets; theft, embezzlement; unlawful copying;
definitions; penalty.--
(1) As used in this section:
(a) "Article" means any object, device, machine, material, substance, or
composition of matter, or any mixture or copy thereof, whether in whole
or in part, including any complete or partial writing, record,
recording, drawing, sample, specimen, prototype model, photograph,
microorganism, blueprint, map, or copy thereof.
(b) "Representing" means completely or partially describing, depicting,
embodying, containing, constituting, reflecting, or recording.
(c) "Trade secret" means the whole or any portion or phase of any
formula, pattern, device, combination of devices, or compilation of
information which is for use, or is used, in the operation of a business
and which provides the business an advantage, or an opportunity to
obtain an advantage, over those who do not know or use it. "Trade
secret" includes any scientific, technical, or commercial information,
including any design, process, procedure, list of suppliers, list of
customers, business code, or improvement thereof. Irrespective of
novelty, invention, patentability, the state of the prior art, and the
level of skill in the business, art, or field to which the subject
matter pertains, a trade secret is considered to be:
1. Secret;
2. Of value;
3. For use or in use by the business; and
4. Of advantage to the business, or providing an opportunity to obtain
an advantage, over those who do not know or use it
when the owner thereof takes measures to prevent it from becoming
available to persons other than those selected by the owner to have
access thereto for limited purposes.
(d) "Copy" means any facsimile, replica, photograph, or other
reproduction in whole or in part of an article and any note, drawing, or
sketch made of or from an article or part or portion thereof.
(2) Any person who, with intent to deprive or withhold from the owner
thereof the control of a trade secret, or with an intent to appropriate
a trade secret to his or her own use or to the use of another, steals or
embezzles an article representing a trade secret or without authority
makes or causes to be made a copy of an article representing a trade
secret is guilty of a felony of the third degree, punishable as provided
in s. 775.082 or s. 775.083.
(3) In a prosecution for a violation of the provisions of this section,
it is no defense that the person so charged returned or intended to
return the article so stolen, embezzled, or copied.
812.13 Robbery.--
(1) "Robbery" means the taking of money or other property which may be
the subject of larceny from the person or custody of another, with
intent to either permanently or temporarily deprive the person or the
owner of the money or other property, when in the course of the taking
there is the use of force, violence, assault, or putting in fear.
(2)(a) If in the course of committing the robbery the offender carried a
firearm or other deadly weapon, then the robbery is a felony of the
first degree, punishable by imprisonment for a term of years not
exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or
s. 775.084.
(b) If in the course of committing the robbery the offender carried a
weapon, then the robbery is a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If in the course of committing the robbery the offender carried no
firearm, deadly weapon, or other weapon, then the robbery is a felony of
the second degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(3)(a) An act shall be deemed "in the course of committing the robbery"
if it occurs in an attempt to commit robbery or in flight after the
attempt or commission.
(b) An act shall be deemed "in the course of the taking" if it occurs
either prior to, contemporaneous with, or subsequent to the taking of
the property and if it and the act of taking constitute a continuous
series of acts or events.
812.131 Robbery by sudden snatching.--
(1) "Robbery by sudden snatching" means the taking of money or other
property from the victim's person, with intent to permanently or
temporarily deprive the victim or the owner of the money or other
property, when, in the course of the taking, the victim was or became
aware of the taking. In order to satisfy this definition, it is not
necessary to show that:
(a) The offender used any amount of force beyond that effort necessary
to obtain possession of the money or other property; or
(b) There was any resistance offered by the victim to the offender or
that there was injury to the victim's person.
(2)(a) If, in the course of committing a robbery by sudden snatching,
the offender carried a firearm or other deadly weapon, the robbery by
sudden snatching is a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If, in the course of committing a robbery by sudden snatching, the
offender carried no firearm or other deadly weapon, the robbery by
sudden snatching is a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) An act shall be deemed "in the course of committing a robbery by
sudden snatching" if the act occurs in an attempt to commit robbery by
sudden snatching or in fleeing after the attempt or commission.
(b) An act shall be deemed "in the course of the taking" if the act
occurs prior to, contemporaneous with, or subsequent to the taking of
the property and if such act and the act of taking constitute a
continuous series of acts or events.
812.133 Carjacking.--
(1) "Carjacking" means the taking of a motor vehicle which may be the
subject of larceny from the person or custody of another, with intent to
either permanently or temporarily deprive the person or the owner of the
motor vehicle, when in the course of the taking there is the use of
force, violence, assault, or putting in fear.
(2)(a) If in the course of committing the carjacking the offender
carried a firearm or other deadly weapon, then the carjacking is a
felony of the first degree, punishable by imprisonment for a term of
years not exceeding life imprisonment or as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) If in the course of committing the carjacking the offender carried
no firearm, deadly weapon, or other weapon, then the carjacking is a
felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(3)(a) An act shall be deemed "in the course of committing the
carjacking" if it occurs in an attempt to commit carjacking or in flight
after the attempt or commission.
(b) An act shall be deemed "in the course of the taking" if it occurs
either prior to, contemporaneous with, or subsequent to the taking of
the property and if it and the act of taking constitute a continuous
series of acts or events.
812.135 Home-invasion robbery.--
(1) "Home-invasion robbery" means any robbery that occurs when the
offender enters a dwelling with the intent to commit a robbery, and does
commit a robbery of the occupants therein.
(2)(a) If in the course of committing the home-invasion robbery the
person carries a firearm or other deadly weapon, the person commits a
felony of the first degree, punishable by imprisonment for a term of
years not exceeding life imprisonment as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) If in the course of committing the home-invasion robbery the person
carries a weapon, the person commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If in the course of committing the home-invasion robbery the person
carries no firearm, deadly weapon, or other weapon, the person commits a
felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
812.14 Trespass and larceny with relation to utility fixtures.--
(1) As used in this section, "utility" 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, electricity, heat, water,
oil, sewer service, telephone service, telegraph service, radio service,
or telecommunication service.
(2) It is unlawful to:
(a) Willfully alter, tamper with, injure, or knowingly suffer to be
injured any meter, meter seal, pipe, conduit, wire, line, cable,
transformer, amplifier, or other apparatus or device belonging to a
utility line service in such a manner as to cause loss or damage or to
prevent any meter installed for registering electricity, gas, or water
from registering the quantity which otherwise would pass through the
same; or to alter the index or break the seal of any such meter; or in
any way to hinder or interfere with the proper action or just
registration of any such meter or device; or knowingly to use, waste, or
suffer the waste, by any means, of electricity or gas or water passing
through any such meter, wire, pipe, or fitting, or other appliance or
appurtenance connected with or belonging to any such utility, after such
meter, wire, pipe or fitting, or other appliance or appurtenance has
been tampered with, injured, or altered.
(b) Make or cause to be made any connection with any wire, main, service
pipe or other pipes, appliance, or appurtenance in such manner as to
use, without the consent of the utility, any service or any electricity,
gas, or water, or to cause to be supplied any service or electricity,
gas, or water from a utility to any person, firm, or corporation or any
lamp, burner, orifice, faucet, or other outlet whatsoever, without such
service being reported for payment or such electricity, gas, or water
passing through a meter provided by the utility and used for measuring
and registering the quantity of electricity, gas, or water passing
through the same.
(c) Use or receive the direct benefit from the use of a utility knowing,
or under such circumstances as would induce a reasonable person to
believe, that such direct benefits have resulted from any tampering
with, altering of, or injury to any connection, wire, conductor, meter,
pipe, conduit, line, cable, transformer, amplifier, or other apparatus
or device owned, operated, or controlled by such utility, for the
purpose of avoiding payment.
(3) The presence on property in the actual possession of a person of any
device or alteration which affects the diversion or use of the services
of a utility so as to avoid the registration of such use by or on a
meter installed by the utility or so as to otherwise avoid the reporting
of use of such service for payment shall be prima facie evidence of the
violation of this section by such person; however, this presumption
shall not apply unless:
(a) The presence of such a device or alteration can be attributed only
to a deliberate act in furtherance of an intent to avoid payment for
utility services;
(b) The person charged has received the direct benefit of the reduction
of the cost of such utility services; and
(c) The customer or recipient of the utility services has received the
direct benefit of such utility service for at least one full billing
cycle.
(4) Any person who willfully violates this section shall be guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(5) Whoever is found in a civil action to have violated the provisions
hereof shall be liable to the utility involved in an amount equal to 3
times the amount of services unlawfully obtained or $1,000, whichever is
greater.
(6) Nothing in this act shall be construed to apply to licensed and
certified electrical contractors while performing usual and ordinary
service in accordance with recognized standards.
812.15 Unauthorized reception of communications services; penalties.--
(1) As used in this section, the term:
(a) "Cable operator" means a communications service provider who
provides some or all of its communications services pursuant to a "cable
television franchise" issued by a "franchising authority," as those
terms are defined in 47 U.S.C. s. 522(9) and (10) (1992).
(b) "Cable system" means any communications service network, system, or
facility owned or operated by a cable operator.
(c) "Communications device" means any type of electronic mechanism,
transmission line or connections and appurtenances thereto, instrument,
device, machine, equipment, or software that is capable of intercepting,
transmitting, acquiring, decrypting, or receiving any communications
service, or any part, accessory, or component thereof, including any
computer circuit, splitter, connector, switches, transmission hardware,
security module, smart card, software, computer chip, electronic
mechanism, or other component, accessory, or part of any communications
device which is capable of facilitating the interception, transmission,
retransmission, acquisition, decryption, or reception of any
communications service.
(d) "Communications service" means any service lawfully provided for a
charge or compensation by any cable system or by any radio, fiber optic,
photooptical, electromagnetic, photoelectronic, satellite, microwave,
data transmission, Internet-based, or wireless distribution network,
system, or facility, including, but not limited to, any electronic,
data, video, audio, Internet access, microwave, and radio
communications, transmissions, signals, and services, and any such
communications, transmissions, signals, and services lawfully provided
for a charge or compensation, directly or indirectly by or through any
of those networks, systems, or facilities.
(e) "Communications service provider" means:
1. Any person or entity owning or operating any cable system or any
fiber optic, photooptical, electromagnetic, photoelectronic, satellite,
wireless, microwave, radio, data transmission, or Internet-based
distribution network, system, or facility.
2. Any person or entity providing any lawful communications service,
whether directly or indirectly, as a reseller or licensee, by or through
any such distribution network, system, or facility.
(f) "Manufacture, development, or assembly of a communications device"
means to make, produce, develop, or assemble a communications device or
any part, accessory, or component thereof, or to modify, alter, program,
or reprogram any communications device so that it is capable of
facilitating the commission of a violation of this section.
(g) "Multipurpose device" means any communications device that is
capable of more than one function and includes any component thereof.
(2)(a) A person may not knowingly intercept, receive, decrypt, disrupt,
transmit, retransmit, or acquire access to any communications service
without the express authorization of the cable operator or other
communications service provider, as stated in a contract or otherwise,
with the intent to defraud the cable operator or communications service
provider, or to knowingly assist others in doing those acts with the
intent to defraud the cable operator or other communications provider.
For the purpose of this section, the term "assist others" includes:
1. The sale, transfer, license, distribution, deployment, lease,
manufacture, development, or assembly of a communications device for the
purpose of facilitating the unauthorized receipt, acquisition,
interception, disruption, decryption, transmission, retransmission, or
access to any communications service offered by a cable operator or any
other communications service provider; or
2. The sale, transfer, license, distribution, deployment, lease,
manufacture, development, or assembly of a communications device for the
purpose of defeating or circumventing any effective technology, device,
or software, or any component or part thereof, used by a cable operator
or other communications service provider to protect any communications
service from unauthorized receipt, acquisition, interception,
disruption, access, decryption, transmission, or retransmission.
(b) Any person who willfully violates this subsection commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(3)(a) Any person who willfully violates paragraph (2)(a), paragraph
(4)(a), or subsection (5) and who has been previously convicted of any
such provision commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who willfully and for purposes of direct or indirect
commercial advantage or private financial gain violates paragraph
(2)(a), paragraph (4)(a), or subsection (5) commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(4)(a) Any person who intentionally possesses a communications device,
knowing or having reason to know that the design of such device renders
it primarily useful for the purpose of committing, or assisting others
in committing, a violation of paragraph (2)(a) commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who intentionally possesses five or more communications
devices and knows or has reason to know that the design of such devices
renders them primarily useful for committing, or assisting others in
committing, a violation of paragraph (2)(a) commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(c) Any person who intentionally possesses fifty or more communications
devices and knows or has reason to know that the design of such devices
renders them primarily useful for committing, or assisting others in
committing, a violation of paragraph (2)(a) commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(5) It is unlawful for any person to place in any newspaper, magazine,
handbill, or other publication, including any electronic medium, any
advertisement that, in whole or in part, promotes the sale of a
communications device if the person placing the advertisement knows or
has reason to know that the device is designed to be primarily useful
for committing, or assisting others in committing, a violation of
paragraph (2)(a). Any person who violates this subsection shall be
guilty of a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
(6) All fines shall be imposed as provided in s. 775.083 for each
communications device involved in the prohibited activity or for each
day a defendant is in violation of this section.
(7) The court shall, in addition to any other sentence authorized by
law, sentence a person convicted of violating this section to make
restitution as authorized by law.
(8) Upon conviction of a defendant for violating this section, the court
may, in addition to any other sentence authorized by law, direct that
the defendant forfeit any communications device in the defendant's
possession or control which was involved in the violation for which the
defendant was convicted.
(9) A violation of paragraph (2)(a) may be deemed to have been committed
at any place where the defendant manufactures, develops, or assembles
any communications devices involved in the violation, or assists others
in these acts, or any place where the communications device is sold or
delivered to a purchaser or recipient. It is not a defense to a
violation of paragraph (2)(a) that some of the acts constituting the
violation occurred outside the state.
(10)(a) -- not included, as this is the civil remedy section.
812.155 Hiring, leasing, or obtaining personal property or equipment
with the intent to defraud; failing to return hired or leased personal
property or equipment; rules of evidence.--
(1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.--Whoever, with the
intent to defraud the owner or any person lawfully possessing any
personal property or equipment, obtains the custody of such personal
property or equipment by trick, deceit, or fraudulent or willful false
representation shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083, unless the value of
the personal property or equipment is of a value of $300 or more; in
that event the violation constitutes a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) HIRING OR LEASING WITH THE INTENT TO DEFRAUD.--Whoever, with intent
to defraud the owner or any person lawfully possessing any personal
property or equipment of the rental thereof, hires or leases said
personal property or equipment from such owner or such owner's agents or
any person in lawful possession thereof shall, upon conviction, be
guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083, unless the value of the personal property or
equipment is of a value of $300 or more; in that event the violation
constitutes a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY.--Whoever,
after hiring or leasing any personal property or equipment under an
agreement to redeliver the same to the person letting such personal
property or equipment or his or her agent at the termination of the
period for which it was let, shall, without the consent of such person
or persons and with the intent to defraud, abandon or willfully refuse
to redeliver such personal property or equipment as agreed, shall, upon
conviction, be guilty of a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083, unless the value of the
personal property or equipment is of a value of $300 or more; in that
event the violation constitutes a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) EVIDENCE OF FRAUDULENT INTENT.--
(a) In prosecutions under this section, obtaining the property or
equipment under false pretenses; absconding without payment; or removing
or attempting to remove the property or equipment from the county
without the express written consent of the lessor, is prima facie
evidence of fraudulent intent.
(b) In a prosecution under subsection (3), failure to redeliver the
property or equipment within 5 days after receipt of, or within 5 days
after return receipt from, the certified mailing of the demand for
return is prima facie evidence of fraudulent intent. Notice mailed by
certified mail, return receipt requested, to the address given by the
renter at the time of rental shall be deemed sufficient and equivalent
to notice having been received by the renter, should the notice be
returned undelivered.
(c) In a prosecution under subsection (3), failure to pay any amount due
which is incurred as the result of the failure to redeliver property
after the rental period expires, and after the demand for return is
made, is prima facie evidence of fraudulent intent. Amounts due include
unpaid rental for the time period during which the property or equipment
was not returned and include the lesser of the cost of repairing or
replacing the property or equipment if it has been damaged.
(5) DEMAND FOR RETURN.--Demand for return of overdue property or
equipment and for payment of amounts due may be made in person, by hand
delivery, or by certified mail, return receipt requested, addressed to
the lessee's address shown in the rental contract.
(6) NOTICE REQUIRED.--As a prerequisite to prosecution under this
section, the following statement must be contained in the agreement
under which the owner or person lawfully possessing the property or
equipment has relinquished its custody, or in an addendum to that
agreement, and the statement must be initialed by the person hiring or
leasing the rental property or equipment:
Failure to return rental property or equipment upon expiration of the
rental period and failure to pay all amounts due (including costs for
damage to the property or equipment) are prima facie evidence of intent
to defraud, punishable in accordance with section 812.155, Florida
Statutes.
(7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This section does not
apply to personal property or equipment that is the subject of a
rental-purchase agreement that permits the lessee to acquire ownership
of the personal property or equipment unless the rental store retains
title to the personal property or equipment throughout the
rental-purchase agreement period.
812.16 Operating chop shops; definitions; penalties; restitution;
forfeiture.--
(1) As used in this section, the term:
(a) "Chop shop" means any area, building, storage lot, field, or other
premises or place where one or more persons are engaged or have engaged
in altering, dismantling, reassembling, or in any way concealing or
disguising the identity of a stolen motor vehicle or of any major
component part of a stolen motor vehicle; where there are two or more
stolen motor vehicles present; or where there are major component parts
from two or more stolen motor vehicles present.
(b) "Major component part" means one of the following subassemblies of a
motor vehicle, regardless of its actual market value: front-end
assembly, including fenders, grills, hood, bumper, and related parts;
frame and frame assembly; engine; transmission; T-tops; rear clip
assembly, including quarter panels and floor panel assembly; doors; and
tires, tire wheels, and continuous treads and other devices.
(c) "Motor vehicle" includes every device in, upon, or by which any
person or property is or may be transported or drawn upon a highway,
which device is self-propelled or may be connected to and towed by a
self-propelled device, and also includes any and all other land-based
devices which are self-propelled but which are not designed for use upon
a highway, including but not limited to farm machinery and steam
shovels.
(2) Any person who knowingly owns, operates, or conducts a chop shop or
who knowingly aids and abets another person in owning, operating, or
conducting a chop shop is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who violates this section, upon conviction, in addition to
any other punishment, may be ordered to make restitution to the rightful
owner of a stolen motor vehicle or of a stolen major component part, or
to the owner's insurer if the owner has already been compensated for the
loss by the insurer, for any financial loss sustained as a result of the
theft of the motor vehicle or a major component part. Restitution may be
imposed in addition to any imprisonment or fine imposed, but not in lieu
thereof.
(4) The following may be seized and are subject to forfeiture pursuant
to ss. 932.701-932.704:
(a) Any stolen motor vehicle or major component part found at the site
of a chop shop or any motor vehicle or major component part for which
there is probable cause to believe that it is stolen but for which the
true owner cannot be identified.
(b) Any engine, tool, machine, implement, device, chemical, or substance
used or designed for altering, dismantling, reassembling, or in any
other way concealing or disguising the identity of a stolen motor
vehicle or any major component part.
(c) A wrecker, car hauler, or other motor vehicle that is knowingly used
or has been used to convey or transport a stolen motor vehicle or major
component part.
812.1701 Short title.--Sections 812.1701-812.175 may be cited as the
"Convenience Business Security Act."
812.171 Definition.--As used in this act, the term "convenience
business" means any place of business that is primarily engaged in the
retail sale of groceries, or both groceries and gasoline, and that is
open for business at any time between the hours of 11 p.m. and 5 a.m.
The term "convenience business" does not include:
(1) A business that is solely or primarily a restaurant.
(2) A business that always has at least five employees on the premises
after 11 p.m. and before 5 a.m.
(3) A business that has at least 10,000 square feet of retail floor
space.
The term "convenience business" does not include any business in which
the owner or members of his or her family work between the hours of 11
p.m. and 5 a.m.
812.172 Intent.--The Legislature finds that the provisions of
this act are intended to prevent violent crimes and thereby to protect
employees and the consumer public at late-night convenience businesses.
It is the further intent of the Legislature that security standards for
late-night convenience businesses be uniform throughout this state.
812.1725 Preemption.-- not included as it is not relevant to
criminal law.
812.173 Convenience business security.--
(1) Every convenience business shall be equipped with the following
security devices and standards:
(a) A security camera system capable of recording and retrieving an
image to assist in offender identification and apprehension.
(b) A drop safe or cash management device for restricted access to cash
receipts.
(c) A lighted parking lot illuminated at an intensity of at least 2
foot-candles per square foot at 18 inches above the surface.
(d) A conspicuous notice at the entrance which states that the cash
register contains $50 or less.
(e) Window signage that allows a clear and unobstructed view from
outside the building and in a normal line of sight of the cash register
and sales transaction area.
(f) Height markers at the entrance of the convenience business which
display height measures.
(g) A cash management policy to limit the cash on hand at all times
after 11 p.m.
(2) A convenience business shall not have window tinting that reduces
exterior or interior view in a normal line of sight.
(3) Every convenience business shall be equipped with a silent alarm to
law enforcement or a private security agency, unless application for an
exemption is made to and granted by the Attorney General. An application
for exemption must be in writing and must be accompanied by an
administrative fee of $25 for each store for which an exemption would
apply.
(4) If a murder, robbery, sexual battery, aggravated assault, aggravated
battery, or kidnapping or false imprisonment, as those crimes are
identified and defined by Florida Statutes, occurs or has occurred at a
convenience business since July 1, 1989, and arises out of the operation
of the convenience business, that convenience business shall implement
at least one of the following security measures:
(a) Provide at least two employees on the premises at all times after 11
p.m. and before 5 a.m.;
(b) Install for use by employees at all times after 11 p.m. and before 5
a.m. a secured safety enclosure of transparent polycarbonate or other
material that meets at least one of the following minimum standards:
1. American Society for Testing and Materials Standard D3935
(classification PC110 B 3 0800700) and that has a thickness of at least
0.375 inches and has an impact strength of at least 200 foot pounds; or
2. Underwriters Laboratory Standard UL 752 for medium power small arms
(level one), Bullet Resisting Equipment;
(c) Provide a security guard on the premises at all times after 11 p.m.
and before 5 a.m.;
(d) Lock the business premises throughout the hours of 11 p.m. to 5
a.m., and only transact business through an indirect pass-through
trough, trapdoor, or window; or
(e) Close the business at all times after 11 p.m. and before 5 a.m.
(5) For purposes of this section, any convenience business that by law
implemented any of the security measures set forth in paragraphs
(4)(a)-(e) and has maintained said measures as required by the
Department of Legal Affairs without any occurrence or incidence of the
crimes identified by subsection (4) for a period of no less than 24
months immediately preceding the filing of a notice of exemption, may
file with the department a notice of exemption from these enhanced
security measures. In no event shall this exemption be interpreted to
preclude full compliance with the security measures set forth in
subsection (4) should any occurrence or incidence of the crimes
identified by subsection (4) cause subsection (4) to be statutorily
applicable. As of the date this act becomes law, the Department of Legal
Affairs will provide notice to any convenience business to which a
subsection (4) incident has previously occurred. In no event shall the
state or the Department of Legal Affairs incur any liability for the
regulation and enforcement of this act.
812.174 Training of employees.-- not included as this is a
civil section of the statute.
812.175 Enforcement; civil fine.-- not included as this is a
civil section of the statute.
812.176 Rulemaking authority.-- not included as this is a
chapter 120 administrative provision.
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This section of Florida law is provided for informational purposes
only. This section does not include case law construction and is not
intended to constitute legal interpretation nor advice.
