Chapter 812 — Chapter 812
43 sections in this chapter.
Fla. Stat. § 812.005 Short title
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Sections 812.012-812.037 shall be known as the “Florida Anti-Fencing Act.”
Fla. Stat. § 812.012 Definitions
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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) “Deale…
Fla. Stat. § 812.014 Theft
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(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 th…
Fla. Stat. § 812.0145 Theft from persons 65 years of age or older; reclassification of offenses
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(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…
Fla. Stat. § 812.0147 Unlawful possession or use of a fifth wheel
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(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 …
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
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(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, …
Fla. Stat. § 812.0151 Retail fuel theft
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(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…
Fla. Stat. § 812.0155 Driver license suspension as an alternative sentence for a person under 18 years of age
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(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 …
Fla. Stat. § 812.016 Possession of altered property
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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…
Fla. Stat. § 812.017 Use of a fraudulently obtained or false receipt
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(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 me…
Fla. Stat. § 812.019 Dealing in stolen property
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(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, financ…
Fla. Stat. § 812.0191 Dealing in property paid for in whole or in part by the Medicaid program
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(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…
Fla. Stat. § 812.0195 Dealing in stolen property by use of the Internet
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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 t…
Fla. Stat. § 812.022 Evidence of theft or dealing in stolen property
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(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 ter…
Fla. Stat. § 812.025 Charging theft and dealing in stolen property
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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 f…
Fla. Stat. § 812.028 Defenses precluded
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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 c…
Fla. Stat. § 812.032 Supplemental fine
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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 sente…
Fla. Stat. § 812.035 Civil remedies; limitation on civil and criminal actions
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(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 hims…
Fla. Stat. § 812.037 Construction of ss. 812.012-812.037
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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
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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 o…
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
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(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 …
Fla. Stat. § 812.061 Larceny; return of property to owner; procedure
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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 right…
Fla. Stat. § 812.062 Notification to owner and law enforcement agency initiating stolen motor vehicle report upon recovery of stolen vehicle
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(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 reco…
Fla. Stat. § 812.081 Theft of or trafficking in trade secrets; definitions; penalties; providing to foreign entities; restitution
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(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, instit…
Fla. Stat. § 812.13 Robbery
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(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 t…
Fla. Stat. § 812.131 Robbery by sudden snatching
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(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 t…
Fla. Stat. § 812.133 Carjacking
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(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…
Fla. Stat. § 812.135 Home-invasion robbery
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(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 ot…
Fla. Stat. § 812.14 Trespass and larceny with relation to utility fixtures; theft of utility services
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(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 …
Fla. Stat. § 812.141 Offenses involving critical infrastructure; improper tampering; civil remedies; trespass on critical infrastructure; computer offenses involving critical infrastructure
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(1) For purposes of this section, the term:(a) “Critical infrastructure” means:1. Any linear asset; or2. Any of the following for which the owner or operator thereof has employed measures designed to exclude unauthorized persons, including, but not limited to, fences, barriers, g…
Fla. Stat. § 812.145 Theft of copper or other nonferrous metals
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(1) As used in this section, the term:(a) “Communications services” means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, including cable services, to a point, or between or among points, by or through any electronic, ra…
Fla. Stat. § 812.146 Civil liability of owner of metal property
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(1) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property.(2) A public or private owner of metal property is not civilly liable to a person for injuries caused by a dangerous condition cr…
Fla. Stat. § 812.15 Unauthorized reception of communications services; penalties
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(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. 52…
Fla. Stat. § 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
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(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 the personal property or equipment by trick, deceit, or fraudulent or willful false repres…
Fla. Stat. § 812.16 Operating chop shops; definitions; penalties; restitution; forfeiture
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(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 st…
Fla. Stat. § 812.1701 Short title
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Sections 812.1701-812.175 may be cited as the “Convenience Business Security Act.”
Fla. Stat. § 812.171 Definition
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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, that is open for business at any time between the hours of 11 p.m. and 5 a.m., and that is licensed by the D…
Fla. Stat. § 812.172 Intent
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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 convenien…
Fla. Stat. § 812.1725 Preemption
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A political subdivision of this state may not adopt, for convenience businesses, security standards which differ from those contained in ss. 812.173 and 812.174, and all such differing standards, whether existing or proposed, are hereby preempted and superseded by general law.
Fla. Stat. § 812.173 Convenience business security
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(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 restric…
Fla. Stat. § 812.174 Training of employees
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The owner or principal operator of a convenience business or convenience businesses shall provide proper robbery deterrence and safety training by an approved curriculum to its retail employees within 60 days of employment. A proposed curriculum shall be submitted in writing to t…
Fla. Stat. § 812.175 Enforcement; civil fine
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(1) The violation of any provision of this act by any owner or principal operator of a convenience business shall result in a notice of violation from the Division of Alcoholic Beverages and Tobacco. Violators shall have 30 days after receipt of the notice to provide proof of com…
Fla. Stat. § 812.176 Rulemaking authority
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The Division of Alcoholic Beverages and Tobacco shall have the power to adopt rules pursuant to chapter 120 as necessary to implement the Convenience Business Security Act. The security measures and training provisions of ss. 812.173 and 812.174 shall meet the requirements of the…