Fla. Stat. § 812.005
Short title
Sections 812.012-812.037 shall be known as the “Florida Anti-Fencing Act.”
Florida Statutes Chapter 812 — THEFT, ROBBERY, AND RELATED CRIMES
Florida · statute · Fla. Stat. ch. 812 · 44 active provisions
Provisions
Fla. Stat. § 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.(2) “Dealer in property” means any person in the b…
Fla. Stat. § 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 t…
Fla. Stat. § 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 o…
Fla. Stat. § 812.0147
Unlawful possession or use of a fifth wheel
(1) A person may not modify, alter, attempt to alter, and if altered, sell, possess, offer for sale, move, or cause to be moved onto the highways of this state a device known as a fifth wheel with the intent to use the fifth wheel to commit or attempt to commit theft. As used in this section, the term “fifth wheel” app…
Fla. Stat. § 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) “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 merchandis…
Fla. Stat. § 812.0151
Retail fuel theft
(1) As used in this section, the term “fuel” has the same meaning as in s. 163.3206(2).(2)(a) A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she willfully, knowingly, and without authorization:1. Breaches a retail fuel dispenser or accesses any i…
Fla. Stat. § 812.0155
Driver license suspension as an alternative sentence for a person under 18 years of age
(1) The court may revoke, suspend, or withhold issuance of a driver 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 de…
Fla. Stat. § 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…
Fla. Stat. § 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…
Fla. Stat. § 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…
Fla. Stat. § 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 p…
Fla. Stat. § 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 $3…
Fla. Stat. § 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, unles…
Fla. Stat. § 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 o…
Fla. Stat. § 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…
Fla. Stat. § 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…
Fla. Stat. § 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 en…
Fla. Stat. § 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.
Fla. Stat. § 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 prov…
Fla. Stat. § 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…
Fla. Stat. § 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…
Fla. Stat. § 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 i…
Fla. Stat. § 812.081
Theft of or trafficking in trade secrets; definitions; penalties; providing to foreign entities; restitution
(1) As used in this section, the term:(a) “Endeavor” means to attempt or to try.(b) “Foreign agent” means any officer, employee, proxy, servant, delegate, or representative of a foreign government.(c) “Foreign instrumentality” means any agency, bureau, ministry, component, institution, association, or any legal, commer…
Fla. Stat. § 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, assa…
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