331 Questions
What is the definition of "Stolen property"?
Property that has been the subject of any criminally wrongful taking
What does the term "Traffic" mean in the context of the statue?
Both A and B
What is the definition of an "Enterprise"?
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
What is the definition of "Value" in the context of the statue?
Both A and B
What is the minimum value of property that can be considered for theft?
$100
What is the punishment for grand theft in the first degree?
Felony of the first degree
What is the value of a written instrument that does not have a readily ascertainable market value?
Both A and B
What is the penalty for grand theft if the property stolen is valued at $100,000 or more?
Felony of the first degree
What is the penalty for grand theft if the property stolen is cargo valued at $50,000 or more?
Felony of the first degree
What is the short title of the sections 812.012-812.037?
Florida Anti-Fencing Act
What is the definition of 'cargo' as used in the Florida Anti-Fencing Act?
Partial or entire shipments, containers, or cartons of property
What is considered as grand theft in the first degree if the offender commits any grand theft and causes damage to the real or personal property of another in excess of?
$1,000
Who is a 'dealer in property' as defined in the Florida Anti-Fencing Act?
Any person in the business of buying and selling property
What is meant by 'obtains or uses' in the Florida Anti-Fencing Act?
Any manner of taking or exercising control over property, making unauthorized use, disposition, or transfer of property
What is included in the definition of 'property' in the Florida Anti-Fencing Act?
Anything of value, including real property, tangible and intangible personal property, services, and rights
What is meant by 'property of another' in the Florida Anti-Fencing Act?
Property in which a person has an interest upon which another person is not privileged to infringe without consent
What is included in the definition of 'services' in the Florida Anti-Fencing Act?
Anything of value resulting from a person's physical or mental labor or skill, or from the use, possession, or presence of property
What is an example of 'services' mentioned in the Florida Anti-Fencing Act?
Repairs or improvements to property
What is the minimum value of cargo that, if stolen, would be considered grand theft in the second degree?
$50,000
What type of equipment, valued at $300 or more, is considered grand theft in the second degree if stolen from a facility?
Emergency medical equipment
What is the ranking of a felony offense that is reclassified under this paragraph for purposes of sentencing?
One level above the ranking under s. 921.0022 or s. 921.0023
What is the punishment for committing grand theft in the second degree?
Felony of the second degree
What is the minimum value of property stolen that would be considered grand theft of the third degree?
$750
What type of property, if stolen, would be considered grand theft of the third degree?
Any of the above
What is the fine imposed for stealing a commercially farmed animal?
$10,000
What type of property, if stolen, would be considered grand theft of the third degree, and is used to provide emergency services and care?
Emergency medical equipment
During what type of situation would the theft be considered a felony of the first degree?
All of the above
What type of property, if stolen, would be considered grand theft of the third degree, and is used to control or prevent fires?
Fire extinguisher
What is the condition for a lease violation to be considered a violation of this section?
The lease is for a term of 1 year or longer and the lessee has failed to comply with the terms of the lease
What is the penalty for a person who drives a motor vehicle without paying for the gasoline dispensed into the fuel tank?
Suspension of the driver's license for a period of up to 6 months
What is the value of the stolen property that constitutes a felony of the second degree?
$3,000 or more
How often does the Office of Program Policy Analysis and Government Accountability (OPPAGA) perform a study to determine the appropriateness of the threshold amounts?
Every 5 years
What is the minimum value of property stolen for it to be considered grand theft of the third degree?
$750
What is the purpose of the study conducted by the Office of Program Policy Analysis and Government Accountability (OPPAGA)?
To determine the appropriateness of the threshold amounts
What is the consequence of a person who is convicted of theft of more than $1,000 from a person 65 years of age or older?
Restitution to the victim and up to 500 hours of community service work
What happens if a person commits a theft during a riot or an aggravated riot?
They are not released until they appear before a committing magistrate
What is the punishment for petit theft of the first degree?
It is a misdemeanor of the first degree
What is the requirement for a demand for the return of the property leased?
The demand must be made in writing and the lessee must return the property within 7 days
What happens if a person commits petit theft and has previously been convicted two or more times of any theft?
They are punished as a felony of the third degree
What is the penalty for a second or subsequent suspension of a driver's license under this subsection?
Suspension of the driver's license for a period of 1 year
What is an 'antishoplifting or inventory control device' designed to do?
To detect the removal of specially marked or tagged merchandise
What is the consequence of failing to comply with the terms of a lease when the lease is for a term of 1 year or longer?
The lessee will be in violation of this section
What is the requirement for a judgment of guilty or not guilty of petit theft?
It must be either written and signed by the judge or electronic and contain the judge’s electronic signature
What is considered petit theft according to this chapter?
Refusing to pay fare on a mass transit vehicle
What is the purpose of the study conducted by the Office of Program Policy Analysis and Government Accountability (OPPAGA)?
To determine the appropriateness of the threshold amounts and make recommendations for changes
What is the minimum fine for a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency?
$50
What is the ranking of a felony offense that is reclassified under this paragraph?
It is ranked one level above the ranking under s. 921.0022 or s. 921.0023
What is the punishment for grand theft of the third degree?
It is a felony of the third degree
Who can take an offender into custody for retail theft, farm theft, transit fare evasion, or trespass?
A law enforcement officer, a merchant, a farmer, or a transit agency's employee or agent
What happens if a person commits petit theft and has previously been convicted of any theft?
They are punished as a misdemeanor of the first degree
What is the purpose of taking an offender into custody for retail theft, farm theft, transit fare evasion, or trespass?
To effect recovery of the property and for prosecution
What is an 'antishoplifting or inventory control device countermeasure'?
An item or device designed to defeat an antishoplifting or inventory control device
What is the requirement for the fingerprints of a defendant who is found guilty of petit theft?
They must be manually taken or electronically captured
What is a 'mass transit vehicle'?
A bus, rail car, or fixed-guideway mover system operated by a state agency or municipality
What is the punishment for theft of a controlled substance?
It depends on the amount of the controlled substance
What is the term for the violation described in s. 810.08?
Trespass
What is the condition for the detention of a person who activates an antishoplifting or inventory control device?
Sufficient notice must be posted to advise patrons of the device's use
What happens after a merchant, farmer, or transit agency's employee or agent takes an offender into custody?
A law enforcement officer is called to the scene immediately
What is the minimum value of stolen property that can lead to a felony of the second degree?
$3,000
Which of the following scenarios can lead to a felony of the second degree?
Conspiring with another person to commit retail theft with the intent to sell the stolen property for monetary or other gain.
What is the purpose of aggregating the value of stolen property within a 30-day period?
To determine the value of the stolen property.
Which of the following is NOT a scenario that can lead to a felony of the second degree?
Committing theft from more than one location within a 60-day period.
What happens if a person commits retail theft in more than one judicial circuit within a 30-day period?
The person is prosecuted by the Office of the Statewide Prosecutor.
Which of the following scenarios involves distracting the merchant or law enforcement officer?
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.
What is the minimum number of items of merchandise required to commit a felony of the second degree?
20 items
Which of the following is a consequence of committing retail theft in more than one judicial circuit within a 30-day period?
The person is prosecuted by the Office of the Statewide Prosecutor.
What is the purpose of aggregating the number of items stolen within a 30-day period?
To determine the severity of the offense.
Which of the following scenarios involves coordinating the activities of one or more individuals in committing the offense?
Individually, or in concert with one or more other persons, coordinates the activities of one or more individuals in committing the offense.
What is the penalty for theft from a person 65 years of age or older, if the funds, assets, or property involved is valued at $50,000 or more?
Felony of the first degree
What is the term for a device used to commit theft from a commercial motor vehicle?
Fifth wheel
What is the penalty for modifying or altering a fifth wheel to commit theft?
Felony of the second degree
What is the definition of 'merchandise' in the context of retail theft?
Any personal property capable of manual delivery
What is the term for the taking possession of or carrying away of merchandise with intent to deprive the merchant of possession or full retail value?
Retail theft
What is the definition of 'farm produce' in the context of farm theft?
Livestock, crops, or any item grown or produced on land
Who is exempt from liability for false arrest in the context of retail theft?
The merchant
What is the penalty for farm theft?
Felony of the third degree
What is the term for the unlawful taking possession of any items grown or produced on land owned by another person?
Farm theft
What is the value used to determine the penalty for retail theft?
The sale price of the merchandise at the time of theft
What is the consequence for a person who resists a law enforcement officer or merchant's reasonable effort to recover property?
Misdemeanor of the first degree
Who is exempt from criminal or civil liability for false arrest or false imprisonment?
Merchant, merchant's employee, farmer, or a transit agency's employee or agent
What is the penalty for possessing an antishoplifting or inventory control device countermeasure in a retail premise?
Felony of the third degree
What is the condition for a merchant, merchant's employee, farmer, or a transit agency's employee or agent to take someone into custody?
With probable cause to believe the person committed retail theft, farm theft, transit fare evasion, or trespass
What is the penalty for retail theft?
Felony of the third degree
Who can arrest a person for retail theft, farm theft, transit fare evasion, or trespass without a warrant?
A law enforcement officer or a transit agency's employee or agent
What is the consequence for using or attempting to use an antishoplifting or inventory control device countermeasure?
Felony of the third degree
Can a merchant or merchant's employee provide their home address to an investigating law enforcement officer?
No, they can provide their business address
What is the purpose of subsection (3) of the statute?
To provide immunity from liability for certain persons
Can a person be charged with both theft and resisting for the same incident?
Yes, and they can be tried concurrently
What is the penalty for a dealer in property who knows or should have known that the identifying features of property in their possession had been removed or altered?
Misdemeanor of the first degree
What is the penalty for a person who requests a refund of merchandise using a fraudulently obtained or false receipt?
Misdemeanor of the second degree
What is the penalty for a person who traffics in property that they know or should know was stolen?
Felony of the second degree
What is the penalty for a person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property?
Felony of the first degree
What is the penalty for a person who traffics in property that they know or should have known was paid for in whole or in part by the Medicaid program if the value of the property is less than $20,000?
Felony of the third degree
What is the penalty for a 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?
Felony of the first degree
What happens when the value of individual items of property involved in distinct transactions committed during a single scheme or course of conduct is determined?
The values are added together
What is the penalty for a person who traffics in property that they know or should have known was paid for in whole or in part by the Medicaid program if the value of the property is $100,000 or more?
Felony of the first degree
What is the penalty for a person who obtains merchandise, money, or any other thing of value through the use of a fraudulently obtained receipt or false receipt?
Misdemeanor of the first degree
What is the penalty for a person who traffics in property that they know or should have known was paid for in whole or in part by the Medicaid program if the value of the property is $20,000 or more but less than $100,000?
Felony of the second degree
How often does the Office of Program Policy Analysis and Government Accountability (OPPAGA) perform a study to determine the appropriateness of the threshold amounts included in this section?
Every 5 years
What is the scope of the study conducted by the Office of Program Policy Analysis and Government Accountability (OPPAGA)?
Crime trends related to theft offenses, the theft threshold amounts of other states, and the fiscal impact of any modifications
Who does the Office of Program Policy Analysis and Government Accountability (OPPAGA) consult with in conducting the study?
The Office of Economic and Demographic Research and other interested entities
What is the deadline for the Office of Program Policy Analysis and Government Accountability (OPPAGA) to submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives?
September 1 of every 5th year
What is the alternative sentence that a court may impose on a person under 18 years of age who violates s. 812.014 or s. 812.015?
Probation as defined in s. 985.03 or commitment to the Department of Juvenile Justice
What is the minimum period of suspension or revocation of a driver license that a court may direct the department to impose?
6 months
What happens if a person's driver license is under suspension or revocation for any reason?
The period of suspension or revocation is extended by not less than 6 months and not more than 1 year
What happens if a person is ineligible by reason of age for a driver license or driving privilege?
The department withholds issuance of the person's driver license or driving privilege for not less than 6 months and not more than 1 year
What is the effect of this section on the court's ability to impose other sanctions?
This section does not preclude the court from imposing any other sanctions
What is the term used in this section to refer to the Department of Highway Safety and Motor Vehicles?
The Department
Under what circumstances can a law enforcement officer solicit a person to engage in conduct that violates a provision of ss. 812.012-812.037?
When the person is predisposed to engage in such conduct and the solicitation would not induce an ordinary law-abiding person to violate a provision of ss. 812.012-812.037
What is the maximum fine that can be imposed on a person found guilty of violating any provision of ss. 812.012-812.037, who has thereby derived anything of value?
The greater of twice the gross value gained or twice the gross loss caused
What is the purpose of a hearing held under s. 812.032?
To determine the amount of the fine to be imposed
What type of order can a circuit court issue to enjoin violations of the provisions of ss. 812.012-812.037?
Including, but not limited to, ordering any defendant to divest himself or herself of any interest in any enterprise
What is subject to civil forfeiture to the state under s. 812.035?
All property, real or personal, 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
Under what circumstances can property be seized by a law enforcement officer without court process?
When the seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant, or when 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
What is the purpose of a hearing held under s. 812.035?
To determine the appropriateness of the forfeiture
What is the role of the state in disposing of forfeited property?
The state shall dispose of the property as soon as commercially feasible
What is the condition for a lease violation to be considered a violation of s. 812.035?
The lessee must have failed to comply with the terms of the lease
What is the purpose of the provision allowing for the seizure of property without court process?
To provide an additional tool for law enforcement officers to use in investigating and prosecuting violations of ss. 812.012-812.037
What is the punishment for grand theft if the value of the property is $300 or more?
It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
What inference can be made if a person presents false identification in connection with the leasing of personal property?
That the person has obtained the property with intent to commit theft.
What is an inference that can be made if a dealer in property possesses stolen property with a name and phone number conspicuously displayed?
That the dealer knows or should have known that the property was stolen.
What is an inference that can be made if a person fails to return leased property within 72 hours of the termination of the leasing agreement?
That the person has obtained the property with intent to commit theft, unless satisfactorily explained.
What is an inference that can be made if a person purchases or sells stolen property at a price substantially below the fair market value?
That the person knows or should have known that the property had been stolen, unless satisfactorily explained.
What is an inference that can be made if a person possesses property recently stolen, unless satisfactorily explained?
That the person knows or should have known that the property had been stolen.
What is an inference that can be made if a dealer in property purchases or sells stolen property out of the regular course of business or without the usual indicia of ownership?
That the dealer knows or should have known that the property had been stolen, unless satisfactorily explained.
What is the ranking of a felony offense if the value of the property is $300 or more?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
What is the purpose of contacting a business that rents property, prior to accepting the property?
To verify that the property was not stolen from such business
Which of the following is an exemption from the provisions of chapter 538?
Persons, entities, or transactions exempt from chapter 538
What is the consequence of not verifying the ownership of a property, if the property is later determined to be stolen?
The dealer is required to return the property at no cost and without the necessity of a replevin action
What is the purpose of including all conspicuously displayed ownership information on the transaction form?
To comply with the law and avoid inference
What is the inference that arises from proof that a person was in possession of a stolen motor vehicle?
The person was in possession of stolen property and knew or should have known it was stolen
What is the consequence of not being able to verify whether the property is stolen from the individual or business?
The dealer is required to return the property at no cost and without the necessity of a replevin action
What is the consequence of a criminal prosecution or civil action being brought 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 is suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.
What is the purpose of the 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?
All of the above
What is the purpose of a written record of the verification process?
To provide sufficient evidence to avoid the inference of dealing in stolen property
What is required for the rightful owner to obtain the return and possession of money or motor vehicles taken under circumstances constituting larceny?
The rightful owner must file a petition in the court having criminal jurisdiction.
What is the requirement for a dealer who implements a program for identification and return of stolen property?
The dealer must contact the individual or business whose name is affixed to the property
What is the penalty for violating the provision prohibiting the purchase of any object used to commemorate a deceased person or placed in memory of a deceased person?
A misdemeanor of the second degree.
What is the consequence of not complying with the requirements of chapter 538?
The dealer is inferred to be dealing in stolen property
What is the purpose of chapter 538?
To prevent the sale of stolen property
What is the purpose of the construction of ss. 812.012-812.037?
To achieve remedial goals.
What is the condition for the application of one civil remedy under any provision of ss. 812.012-812.037 or s. 812.081?
The application of one civil remedy does not preclude the application of any other remedy.
What is the penalty for purchasing 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?
Punishable as provided in s. 775.082 or s. 775.083.
What is the purpose of the 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?
To locate stolen vehicles, vessels, or outboard motors, and to inspect records required in ss. 319.30 and 713.78.
What is the requirement for the return of money or motor vehicles taken under circumstances constituting larceny?
The rightful owner must file a petition in the court having criminal jurisdiction.
What is the purpose of the sections 812.012-812.037?
To achieve remedial goals and to provide remedies for victims of crime.
When can a law enforcement officer remove seized property to a designated location?
When the court has given permission
Who can institute civil proceedings under this section?
The Department of Legal Affairs, any state attorney, or any state agency
What is the minimum amount of damages the state can recover in a civil action?
$200
What is the effect of a final judgment or decree in favor of the state in a criminal proceeding?
It estops the defendant in any subsequent civil action or proceeding
When can the Department of Legal Affairs intervene in a civil action or proceeding?
Only if the action or proceeding is of general public importance
What is the time limit for commencing a criminal or civil action or proceeding under this section?
5 years
What happens if the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work?
The period of limitation does not run during that time
What is the maximum extension of the period of limitation in a criminal proceeding?
1 year
What is the effect of a final judgment or decree in favor of the state in a civil action?
It estops the defendant in any subsequent civil action or proceeding
What is the purpose of the Department of Legal Affairs' intervention in a civil action or proceeding?
To represent the state's interest in the action or proceeding
What is the degree of felony for robbery if the offender carried a firearm or other deadly weapon?
Felony of the first degree
What is considered as 'in the course of committing the robbery'?
An attempt to commit robbery or in flight after the attempt or commission
What is the degree of felony for robbery by sudden snatching if the offender carried no firearm or deadly weapon?
Felony of the third degree
What is the definition of 'carjacking'?
The taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to permanently or temporarily deprive the person or the owner of the motor vehicle
What is the degree of felony for carjacking if the offender carried a firearm or other deadly weapon?
Felony of the first degree
What is considered as 'in the course of committing the carjacking'?
An attempt to commit carjacking or in flight after the attempt or commission
What is the degree of felony for robbery if the offender carried a weapon?
Felony of the first degree
What is the degree of felony for robbery if the offender carried no firearm, deadly weapon, or other weapon?
Felony of the second degree
What is the degree of felony for robbery by sudden snatching if the offender carried a firearm or other deadly weapon?
Felony of the second degree
What is the degree of felony for carjacking if the offender carried no firearm, deadly weapon, or other weapon?
Felony of the second degree
What is the primary benefit of a trade secret, from a business perspective?
It offers a permanent advantage over those who do not know or use it
What is the criminal charge for a person who willfully and without authorization obtains or uses a trade secret?
Theft of a trade secret, a felony of the third degree
What is the penalty for trafficking in trade secrets, a felony of the second degree?
Punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What happens to a felony offense that is reclassified under this section for purposes of sentencing?
It is ranked one level above the ranking under s. 921.0022 of the offense committed
What may a court require in addition to an injunction in a civil action for the unauthorized use of a trade secret?
The payment of a reasonable royalty for no longer than the period of time for which such use could have been prohibited
What is not a defense in a prosecution for a violation of this section?
The fact that the person so charged returned or intended to return the unlawfully obtained or used trade secret
What is an exception to criminal or civil liability under this section?
The disclosure of a trade secret to an attorney, law enforcement officer, or other federal, state, or local government official
What is the purpose of the restitution ordered by the court in a conviction for violating this section?
To compensate the owner of the trade secret for the value of the benefit derived from the offense
What is robbery, as defined in this section?
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
What is the primary purpose of a court ordering a person convicted of violating this section to pay restitution?
To compensate the owner of the trade secret for the value of the benefit derived from the offense
What can be used as evidence in a trial involving the larceny of money or motor vehicle?
Secondary evidence, including the certified inventory and description of the money or motor vehicle
Who must be notified by a law enforcement agency within 7 days after the recovery of a stolen motor vehicle?
The registered owner, insurer, and registered lienholder of the vehicle
What is the definition of a 'trade secret'?
Any information that provides a business an advantage over others
What is the term for attempting or trying to obtain or use a trade secret?
Endeavor
What is the term for a foreign government's officer, employee, proxy, servant, delegate, or representative?
Foreign agent
What is the term for any agency, bureau, ministry, component, institution, association, or legal entity that is substantially owned or controlled by a foreign government?
Foreign instrumentality
What is the purpose of notification to the owner and law enforcement agency initiating the stolen motor vehicle report upon recovery of a stolen vehicle?
To inform the owner of the recovery of the stolen vehicle
What is the consequence of failing to notify the owner and law enforcement agency initiating the stolen motor vehicle report upon recovery of a stolen vehicle?
Notification shall be made immediately by certified letter
What is the purpose of the provisions related to the return of stolen property to the rightful owner?
To facilitate the return of stolen property to the rightful owner
What is the consequence of failing to return stolen property to the rightful owner?
The fact of failure to object to the return of the property shall not be offered as evidence
What is considered a home-invasion robbery?
Robbery that occurs when the offender enters a dwelling with the intent to commit a robbery
How is the notice of the filing of a petition served upon a 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
What is the punishment for a person who commits a home-invasion robbery with a firearm or other deadly weapon?
Felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment
What happens if no person has been charged by indictment or information with larceny of the money or motor vehicle involved?
The petitioner must publish a notice in a newspaper of general circulation
What is the act of tampering with a utility meter or device?
Theft of utility services
What is the time period within which a person other than the petitioner claiming title or right of possession to the money or motor vehicle involved must file their objections?
5 days after receipt of service of the notice or 10 days after the last publication of the notice
What is the penalty for a person who connects or causes a connection with a wire, main, service pipe, or other pipes, appliance, or appurtenance in a manner that uses, without the consent of the utility, any service or any electricity, gas, or water?
Felony of the third degree
What happens if objections are filed as provided in the statute?
The court having criminal jurisdiction may order the pleadings transferred to the court having civil jurisdiction
What is the act of hindering or interfering with the proper action or accurate registration of a utility meter or device?
Tampering with a utility meter or device
What is the penalty for a person who uses or receives the direct benefit from the use of a utility knowing, or under circumstances that would induce a reasonable person to believe, that the 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?
Felony of the third degree
What may the court require the petitioner to post if no objections are filed within the time provided?
A bond in such amount as the court shall deem proper
What does the clerk do after the court directs the clerk to make a detailed inventory description of the money or motor vehicle involved?
Files the certified inventory and description among the records of his or her office
What is the definition of a utility as per the statute?
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
What is the penalty for a person who causes a utility, without its consent, to supply any service or electricity, gas, or water to any person, firm, or corporation or any lamp, burner, orifice, faucet, or other outlet without reporting the service for payment?
Felony of the third degree
Why does the clerk make a detailed inventory description of the money or motor vehicle involved?
To facilitate the return of the money or motor vehicle to the rightful owner
Who is notified of any hearings and proceedings had upon the petition?
Both the officer having custody of the money or motor vehicle involved and the prosecuting officer of the court having criminal jurisdiction
What is the act of knowingly using, wasting, or allowing the waste of, by any means, electricity, gas, or water passing through any meter, wire, pipe, or fitting, or other appliance or appurtenance connected with or belonging to any utility?
Theft of utility services
What happens if the objector fails to demand a jury trial at the time of filing their objections?
The objector is deemed to have waived their right to a jury trial
What is the purpose of publishing a notice in a newspaper of general circulation?
To provide notice to any person who may have an interest in the money or motor vehicle involved
What is the term used to describe the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals?
Communications services
Who is exempt from the section regarding theft of electricity?
Licensed and certified electrical contractors
What is the relationship between criminal offenses and the violation of the section regarding theft of electricity?
Criminal offenses bear a significant relationship and are causally connected to the violation of the section
What is the limitation on the amount of restitution that a defendant may be ordered to pay?
There is no limitation on the amount of restitution
What is the purpose of the section regarding theft of copper or other nonferrous metals?
To prevent the theft of copper or other nonferrous metals
What is included in the definition of 'communications services provider'?
Any person, firm, corporation, or political subdivision
What is the rationale behind the section regarding theft of electricity?
To prevent the theft of electricity to facilitate the growth of cannabis
What is the significance of the history section in the context of theft of electricity?
It provides a historical context for the section regarding theft of electricity
What is prima facie evidence of the violation of subsection (2) by a person?
The actual possession of a device or alteration by a person that prevents the registration of utility services
What is the punishment for a person who willfully violates subsection (2)?
Punishable as provided in s. 812.014
What is prima facie evidence that an owner, lessor, or sublessor intended to violate subsection (5)?
All of the above
What is the punishment for an owner, lessor, or sublessor who willfully violates subsection (5)?
Punishable as provided in s. 775.082 or s. 775.083
What is the liability of a person found in a civil action to have violated this section?
An amount equal to 3 times the amount of services unlawfully obtained or $3,000, whichever is greater
What is the purpose of the presumption in subsection (3)?
To provide prima facie evidence of the violation of subsection (2)
What is the requirement for the presumption in subsection (3) to apply?
All of the above
What is the consequence of a person who willfully violates subsection (2) and commits theft of utility services for the purpose of facilitating the manufacture of a controlled substance?
Punishable as provided in s. 812.014
What is prima facie evidence of a person’s intent to violate subsection (8)?
All of the above
What is the punishment for a person who willfully violates subsection (5) and permits a tenant or occupant to use utility services knowing that they have been connected in violation of subsection (2)?
Punishable as provided in s. 775.082 or s. 775.083
What is included in the amount of civil damages or restitution order for the theft of electricity?
All of the above
What is the basis of a prima facie showing of the amount of unlawfully obtained electricity services?
Any methodology reasonably relied upon by a utility to estimate the loss
What is the burden of proof after a prima facie showing of the amount of unlawfully obtained electricity services?
The defendant must demonstrate that the loss is other than that claimed by the utility
What is one of the methods used to estimate the start date of a theft of electricity?
All of the above
What is the basis of the estimated average daily or hourly use of electricity?
Any, or a combination, of the following: the load imposed, recordings by the utility, and others
What is the requirement for a court order to require a defendant to pay restitution for damages to the property of a utility?
A conviction for a criminal offense that is causally connected to the damages or losses
What is not required for a restitution order?
A conviction for a violation of this section
What is used to estimate the amount of unlawfully obtained electricity services?
Any methodology reasonably relied upon by a utility to estimate the loss
What is the purpose of the methodology used to estimate the amount of unlawfully obtained electricity services?
To estimate the amount of electricity used based on available data
What is the basis of the estimated daily or hourly use of electricity?
Any, or a combination, of the following: the load imposed, recordings by the utility, and others
What is the amount of damages a person is liable to a utility or communications services provider for if they are found to have illegally taken copper or other nonferrous metals?
Three times the actual damages
What is the type of felony that a person commits if they knowingly and intentionally remove copper or other nonferrous metals from an electrical substation without authorization?
Felony of the first degree
Is a public or private owner of metal property civilly liable to a person who is injured during the theft or attempted theft of metal property?
No, the owner is not liable
What is the term used to describe a communications service provider who provides some or all of its communications services pursuant to a “cable television franchise” issued by a “franchising authority”?
Cable operator
What is the term used to describe any 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?
Communications device
What is the term used to describe 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?
Communications service
What is meant by 'copper or other nonferrous metals'?
Metals not containing significant quantities of iron or steel
What is the term used to describe a person who provides communications services?
Communications service provider
What is the purpose of an electrical substation?
To take electricity from the transmission grid and convert it to a lower voltage
What is the punishment for a person who knowingly and intentionally removes copper or other nonferrous metals from an electrical substation without authorization?
Punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is included in the definition of 'utility'?
Public utilities, electric utilities, and persons engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, or telephone, telegraph, radio, telecommunications, or communications service
What is the liability of a person who is found in a civil action to have illegally taken copper or other nonferrous metals from a utility or communications services provider?
Three times the actual damages sustained by the utility or communications services provider
What is the consequence for a person who is found to have illegally taken copper or other nonferrous metals from a utility or communications services provider?
The person is liable for three times the actual damages sustained by the utility or communications services provider
What is the penalty for taking copper or other nonferrous metals from a utility or communications services provider?
A felony of the first degree
What is the definition of 'utility service'?
Electricity for light, heat, or power and natural or manufactured gas for light, heat, or power
What is the result of taking copper or other nonferrous metals from a utility or communications services provider?
It causes damage to the facilities of a utility or communications services provider, interrupts or interferes with utility service or communications services, or interferes with the ability of a utility or communications services provider to provide service
What type of entity is included in the definition of 'utility'?
Private, municipal, county, or cooperative persons, firms, corporations, associations, or political subdivisions engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, or telephone, telegraph, radio, telecommunications, or communications service
What is the consequence of taking copper or other nonferrous metals from a utility or communications services provider?
It is punishable as a felony of the first degree
What is the punishment for a 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)?
Felony of the second degree
What is the consequence of a person violating the section by placing an advertisement in any publication that promotes the sale of a communications device?
Misdemeanor of the first degree
What is included in the calculation of actual damages?
The retail value of all communications services to which the violator had unauthorized access
What is the court's authority in addition to any other sentence authorized by law?
All of the above
What is the minimum statutory damages that can be awarded for each communications device involved in the action?
$250
What is the purpose of the court's authority to direct the remedial modification or destruction of any communications device?
To prevent future violations
What is the condition for a person to bring a civil action in a circuit court or in any other court of competent jurisdiction?
The person must be an aggrieved party
Under what circumstances may the court increase the award of damages?
If the violation was committed willfully and for purposes of commercial advantage or financial gain
What is the court's authority with regard to granting injunctive relief?
The court may grant temporary and final injunctions on terms it finds reasonable
What is the maximum amount by which the court may increase the award of damages?
$50,000
Under what circumstances may the court reduce the award of damages?
If the violator was not aware and had no reason to believe that his or her acts constituted a violation of this section
What is the degree of felony if the value of personal property or equipment is $300 or more?
Felony of the third degree
What is the purpose of the court's authority to order the impounding of any communications device?
To prevent future violations
Who is prohibited from knowingly intercepting, receiving, decrypting, disrupting, transmitting, retransmitting, or acquiring access to any communications service?
Any person or entity
What is the minimum amount of damages that the court may award if the violator was not aware of the violation?
$100
Whoever hires or leases personal property or equipment with the intent to defraud commits a:
Misdemeanor of the second degree
How are damages awarded by any court under this section computed?
According to subparagraph 1 or subparagraph 2
What is the consequence of a violator's conviction under this section?
All of the above
What is the purpose of the phrase 'assist others' in this statute?
To include the sale or transfer of a communications device for the purpose of facilitating unauthorized access
What is evidence of fraudulent intent in a prosecution under this section?
Obtaining the property under false pretenses
What is a requirement for a person to be in violation of this section?
The person must have acted knowingly and with intent to defraud a communications service provider
What is the purpose of the court's authority to direct the recovery of full costs?
To compensate the aggrieved party
What is the penalty for a person who willfully violates paragraph (2)(a) and has been previously convicted of any such provision?
Felony of the third degree
What is not a requirement for a person to be in violation of this section?
The person must have been a communications service provider
Whoever fails to return hired or leased personal property or equipment after the rental period expires commits a:
Misdemeanor of the second degree
What is prima facie evidence of abandonment or refusal to redeliver the property or equipment?
Failure to return the property within 5 days
What is the penalty for a person who willfully and for purposes of direct or indirect commercial advantage or private financial gain violates paragraph (2)(a)?
Felony of the third degree
What is not a requirement for a multipurpose device to be considered a violation of this section?
The device must be used for a legitimate purpose
What is the penalty for a 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 a violation of paragraph (2)(a)?
Misdemeanor of the first degree
What is exempt from liability under this section?
State or local law enforcement agencies
What is the penalty for failing to return hired or leased personal property or equipment if the value is $300 or more?
Felony of the third degree
What is the penalty for a person who intentionally possesses five or more communications devices, knowing or having reason to know that the design of such devices renders them primarily useful for the purpose of committing a violation of paragraph (2)(a)?
Felony of the third degree
What is considered as evidence of fraudulent intent in a prosecution under this section?
Absconding without payment
What is the definition of a 'multipurpose device' in this statute?
A communications device that is capable of more than one function
What is the consequence of failing to pay any amount due which is incurred as the result of the failure to redeliver property or equipment?
It is prima facie evidence of abandonment or refusal to redeliver
What is the purpose of the phrase 'manufacture, development, or assembly of a communications device' in this statute?
To include the making, producing, developing, or assembling of a communications device or any part, accessory, or component thereof
Who is responsible for mailing the notice to the address given by the renter at the time of rental?
The courier service
Who is included in the definition of a person who 'assist others' in this statute?
Any person who sells, transfers, licenses, distributes, deploys, leases, manufactures, develops, or assembles a communications device
What is the consequence of failing to return the property or equipment within 5 days after receiving the demand for return?
It is prima facie evidence of abandonment or refusal to redeliver
What is the intent required for a person to be guilty of violating paragraph (2)(a)?
The intent to defraud the cable operator or communications service provider
What is the time period within which a convenience business owner or principal operator must provide proper robbery deterrence and safety training to its retail employees?
60 days
What is the maximum administrative fee that can be charged for submitting a proposed curriculum for robbery deterrence and safety training?
$100
What is the maximum civil fine that can be imposed by the Division of Alcoholic Beverages and Tobacco for violating the Convenience Business Security Act?
$5,000
How often must a convenience business owner or principal operator resubmit a curriculum for robbery deterrence and safety training for approval?
Biennially
What is the purpose of the Division of Alcoholic Beverages and Tobacco's authority to investigate alleged violations of the Convenience Business Security Act?
To enforce the provisions of the Convenience Business Security Act
What is the maximum amount that the Division of Alcoholic Beverages and Tobacco can accept from an owner or principal operator to compromise an alleged violation of the Convenience Business Security Act?
$5,000
What is the purpose of the Division of Alcoholic Beverages and Tobacco's authority to petition for an injunction?
To protect the health, safety, and public welfare
What is the maximum civil penalty that the Division of Alcoholic Beverages and Tobacco can seek in an action for injunction?
$5,000
What is the purpose of the rulemaking authority granted to the Division of Alcoholic Beverages and Tobacco?
To implement the Convenience Business Security Act
What is the result of a violation of the Convenience Business Security Act by a convenience business owner or principal operator?
A notice of violation is issued to the owner or principal operator
What is the prerequisite for prosecution under this section?
The statement must be contained in the agreement or an addendum to the agreement
What happens if a lessee fails to return the rental property or equipment and fails to pay all amounts due?
It is considered evidence of abandonment or refusal to redeliver the property
What is the consequence of possessing personal property or equipment by a third party?
It is not a defense against failure to return unless the lessee provides documentation
What can a lessor of a vehicle do if the vehicle is not returned at the conclusion of the lease?
Report the vehicle as stolen
What is the definition of a 'chop shop'?
An area, building, storage lot, field, or other premises where one or more persons are 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
What is a 'major component part' of a motor vehicle?
One of the following subassemblies: front-end assembly, frame and frame assembly, engine, transmission, T-tops, rear clip assembly, doors, and tires
What is the penalty for knowingly owning, operating, or conducting a chop shop?
Felony of the third degree
What must be contained in the agreement or an addendum to the agreement?
The statement regarding failure to return rental property or equipment and failure to pay all amounts due
What is the consequence of failing to return personal property or equipment?
It is considered evidence of abandonment or refusal to redeliver the property
What is required for a demand for the return of the property leased?
It must be made in writing by certified mail, return receipt requested, or by courier service with tracking capability
What is a requirement for a convenience business to limit the cash on hand?
After 11 p.m.
What should be installed at a convenience business to meet the security measures?
A transparent safety enclosure
What is an exemption from the enhanced security measures based on?
The absence of any crimes at the business for 24 months
What is the purpose of the Division of Alcoholic Beverages and Tobacco?
To investigate the premises and records of convenience businesses
What is the consequence of a crime occurring at a convenience business?
The business will be required to implement additional security measures
What is required to be displayed at the entrance of a convenience business?
Height markers
What is the purpose of a silent alarm at a convenience business?
To alert law enforcement or a private security agency of potential crime
What is the administrative fee for an application for exemption from the enhanced security measures?
$25
What is the period of time during which a convenience business must implement additional security measures?
After 11 p.m. and before 5 a.m.
What is the consequence of failing to comply with the security measures?
The business will be required to implement additional security measures
What is the primary purpose of the Convenience Business Security Act?
To prevent violent crimes at late-night convenience businesses
Which of the following is not a type of business excluded from the definition of 'convenience business'?
A business that sells only gasoline and no groceries
What is the minimum intensity of lighting required for a convenience business parking lot?
2 foot-candles per square foot
What is the purpose of the security camera system required in a convenience business?
To assist in offender identification and apprehension
What is the maximum amount of cash that a convenience business cash register can contain?
$50 or less
What is the penalty for violating the security standards for convenience businesses?
No penalty specified in the statute
What is the purpose of the preemption provision in the Convenience Business Security Act?
To ensure that security standards for convenience businesses are uniform throughout the state
What type of device is required in a convenience business to restrict access to cash receipts?
Drop safe
What is the intent of the Legislature in enacting the Convenience Business Security Act?
To reduce crime and protect employees and the consumer public
What is the purpose of the notice required at the entrance of a convenience business?
To state that the cash register contains $50 or less
Study Notes
Here are the study notes for the text:
Florida Anti-Fencing Act
- The Florida Anti-Fencing Act consists of sections 812.012-812.037 of the Florida Statutes.
Definitions
- "Cargo" means partial or entire shipments, containers, or cartons of property contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility.
- "Dealer in property" means any person in the business of buying and selling property.
- "Obtains or uses" means taking control over property, making unauthorized use or transfer of property, or obtaining property by fraud, willful misrepresentation, or false promise.
- "Property" means anything of value, including real property, tangible or intangible personal property, services, and rights.
- "Property of another" means property in which a person has an interest that another person is not privileged to infringe without consent.
- "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.
- "Stolen property" means property that has been the subject of any criminally wrongful taking.
- "Traffic" means selling, transferring, distributing, dispensing, or otherwise disposing of property, or buying, receiving, possessing, or using property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of it.
- "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union, or other legal entity, or any unchartered union, association, or group of individuals associated in fact.
- "Value" means the market value of the property at the time and place of the offense, or the cost of replacement of the property within a reasonable time after the offense.
Theft
- A person commits theft if they knowingly obtain or use, or endeavor to obtain or use, the property of another with intent to deprive the other person of the property or to appropriate the property to their own use.
- Grand theft in the first degree is a felony of the first degree, punishable by up to 30 years in prison, and is committed when:
- The property stolen is valued at $100,000 or more.
- The property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce.
- The offender commits grand theft and uses a motor vehicle as an instrumentality, or causes damage to the real or personal property of another in excess of $1,000.
- Grand theft in the second degree is a felony of the second degree, punishable by up to 15 years in prison, and is committed when:
- The property stolen is valued at 20,000ormore,butlessthan20,000 or more, but less than 20,000ormore,butlessthan100,000.
- The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce.
- The property stolen is emergency medical equipment, law enforcement equipment, or a commercially farmed animal.
- Grand theft in the third degree is a felony of the third degree, punishable by up to 5 years in prison, and is committed when:
- The property stolen is valued at 750ormore,butlessthan750 or more, but less than 750ormore,butlessthan20,000.
- The property stolen is a will, codicil, or other testamentary instrument.
- The property stolen is a firearm, motor vehicle, or certain other specified items.
Petit Theft
- Petit theft is a misdemeanor, punishable by up to 1 year in jail, and is committed when:
- The property stolen is valued at 100ormore,butlessthan100 or more, but less than 100ormore,butlessthan750.
- The property stolen is taken from a dwelling or the unenclosed curtilage of a dwelling.
- Petit theft of the second degree is a misdemeanor, punishable by up to 60 days in jail, and is committed when:
- The property stolen is valued at less than $100.
- The offender has previously been convicted of any theft.
Other Provisions
-
Theft from a person 65 years of age or older may be reclassified as a higher degree of felony.
-
Unlawful possession or use of a fifth wheel is a felony of the second degree, punishable by up to 15 years in prison.### Retail and Farm Theft
-
Definition of Merchandise: Personal property capable of manual delivery, displayed, held, or offered for retail sale by a merchant.
-
Definition of Merchant: Owner or operator, or agent, consignee, employee, lessee, or officer of an owner or operator of premises or apparatus used for retail purchase or sale of merchandise.
-
Definition of Value of Merchandise: Sale price of merchandise at the time it was stolen or removed, depriving the owner of lawful right to ownership and sale.
Retail Theft
- Definition of Retail Theft: Taking possession of or carrying away merchandise, property, money, or negotiable documents, altering or removing labels, transferring merchandise, or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value.
- Penalty for Retail Theft: Second or subsequent conviction, punishable as provided in s. 812.014(3), with a fine of not less than 50ormorethan50 or more than 50ormorethan1,000, and may require performance of public services.
Farm Theft
- Definition of Farm Theft: Unlawful taking possession of any items grown or produced on land owned, rented, or leased by another person, including equipment and associated materials.
- Definition of Farmer: Person engaging in growing or producing farm products, milk, honey, eggs, or meat, either part-time or full-time, for personal consumption or sale.
Antishoplifting or Inventory Control Devices
- Definition of Antishoplifting or Inventory Control Device: Mechanism or device designed to detect removal of merchandise from a mercantile establishment or protected area.
- Definition of Antishoplifting or Inventory Control Device Countermeasure: Item or device designed to defeat any antishoplifting or inventory control device.
- Penalty for Using Antishoplifting or Inventory Control Device Countermeasure: Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Transit Fare Evasion
- Definition of Transit Fare Evasion: Unlawful refusal to pay fare for transportation, or evading payment of fare, or entering a mass transit vehicle or facility by any door, passageway, or gate, except as provided for fare-paying passengers.
- Definition of Mass Transit Vehicle: Buses, rail cars, or fixed-guideway mover systems operated by state agencies, political subdivisions, or municipalities for fare-paying passengers.
- Penalty for Transit Fare Evasion: Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Arrest and Detention
- Authority to Arrest: Law enforcement officer, merchant, or merchant's employee may arrest, without warrant, any person who has committed retail theft, farm theft, transit fare evasion, or trespass.
- Detention: May detain a person in a reasonable manner for a reasonable length of time to recover property, cause payment of transit fare, or vacate the transit facility.
Liability for False Arrest
- Exemption from Liability for False Arrest: Law enforcement officer, merchant, merchant's employee, farmer, or transit agency's employee or agent is exempt from liability for false arrest, false imprisonment, or unlawful detention if done in compliance with the requirements of the section.
Resisting Arrest
- Penalty for Resisting Arrest: Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or had no reason to know that the person seeking to recover property was a law enforcement officer, merchant, merchant's employee, farmer, or transit agency's employee or agent.
Other Offenses
-
Possession of Altered Property: Misdemeanor of the first degree, punishable as provided in ss. 775.082 and 775.083, for any dealer in property who knew or should have known that the identifying features of property in their possession had been removed or altered without consent.
-
Use of a Fraudulently Obtained or False Receipt: Misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for requesting a refund through the use of a fraudulently obtained or false receipt.
-
Dealing in Stolen Property: Felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084, for trafficking in or endeavoring to traffic in property that the person knows or should know was stolen.### Felony Degrees for Property Crimes
-
If the value of the property involved is less than $20,000, the crime is a felony of the third degree.
-
If the value of the property involved is 20,000ormorebutlessthan20,000 or more but less than 20,000ormorebutlessthan100,000, the crime is a felony of the second degree.
-
If the value of the property involved is $100,000 or more, the crime is a felony of the first degree.
Aggregating Property Value
- The value of individual items involved in distinct transactions can be aggregated when determining punishment.
- Aggregation applies to transactions committed during a single scheme or course of conduct.
- Aggregation applies regardless of the number of persons involved.
Trafficking in Medicaid Property
- Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the obtaining of Medicaid property and traffics in it commits a felony of the first degree.
- The punishment is as provided in s. 775.082, s. 775.083, or s. 775.084.
Dealing in Stolen Property on the Internet
- Using the Internet to sell or offer stolen merchandise or property is a criminal offense.
- If the value of the property is less than $300, the crime is a misdemeanor of the second degree.
- Punishment is as provided in s. 775.082 or s. 775.083.
Florida Statutes: Theft and Dealing in Stolen Property
- Felony of the third degree: Punishable if the value of the property is $300 or more, as per s. 775.082, s. 775.083, or s. 775.084.
Evidence of Theft or Dealing in Stolen Property
- Presentation of false identification: Gives rise to an inference that the property was obtained or is now used with intent to commit theft.
- Possession of recently stolen property: Gives rise to an inference that the person knew or should have known that the property had been stolen, unless satisfactorily explained.
- Purchase or sale of stolen property at a low price: Gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen, unless satisfactorily explained.
- Purchase or sale of stolen property by a dealer out of the regular course of business: Gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen, unless satisfactorily explained.
Charging Theft and Dealing in Stolen Property
- Single indictment or information: May charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts.
- Trier of fact: May return a guilty verdict on one or the other, but not both, of the counts.
Defenses Precluded
- Stratagem or deception: Does not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037.
- Facility or opportunity to engage in conduct: Does not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037.
- Property not stolen: Does not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037.
- Solicitation by a law enforcement officer: Does not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037, unless the solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037.
Supplemental Fine
- Fine authorized: In addition to any other fine authorized by law, a person found guilty of violating any provision of ss. 812.012-812.037 may be sentenced to pay a fine.
- Gross value gained or gross loss caused: The fine may not exceed twice the gross value gained or twice the gross loss caused, whichever is greater.
Civil Remedies
- Injunctions, prohibitions, or restraining orders: The court may grant relief, including injunctions, prohibitions, or restraining orders, to prevent violations of the provisions of ss. 812.012-812.037 or s. 812.081.
- Forfeiture of property: All property, real or personal, 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.
- Seizure of property: Property subject to forfeiture may be seized by a law enforcement officer upon court process.
Construction of Statutes
- Purpose of the statutes: The statutes shall be construed to achieve their remedial goals.
Physical Inspection of Junkyards and Salvage Yards
- Right to inspect: Any law enforcement officer has the right to inspect junkyards, scrap metal processing plants, motor vehicle or vessel salvage yards, and other establishments dealing with salvaged motor vehicle or vessel parts.
- Purpose of inspection: The purpose of the inspection is to locate stolen vehicles, vessels, or outboard motors, investigate the titling and registration of vehicles or vessels, inspect vehicles, vessels, or outboard motors wrecked or dismantled, or inspect records required in ss. 319.30 and 713.78.
Return of Property to Owner
- Procedure for return of property: The rightful owner of stolen property may obtain the return of property being held as evidence by filing a petition in the court having criminal jurisdiction.
- Notice of petition: Notice of the filing of the petition shall be served upon any person charged with the larceny of the property involved.### Procedures for Returning Stolen Property
- If no objections are filed, the court may order the return of stolen money or motor vehicles to the rightful owner.
- The court may require the petitioner to post a bond to ensure the return of the property or its value if it is later determined that the petitioner is not the rightful owner.
Inventory and Description of Returned Property
- The court shall direct the clerk to make a detailed inventory description of the returned property.
- The clerk shall make the inventory and description, including photographs of the motor vehicle, and certify it as a true and correct record.
Admissibility of Secondary Evidence
- In trials involving the larceny of money or motor vehicles, certified inventory and description of the property shall be admissible as evidence.
- The fact that the owner failed to object to the return of the property or that the property was returned to the owner shall not be used as evidence in the criminal trial.
Notification of Stolen Vehicle Recovery
- Law enforcement agencies shall notify the owner of a recovered stolen vehicle within 72 hours.
- If the owner is not known, the agency shall notify the registered owner, insurer, and lienholder.
Theft and Trafficking of Trade Secrets
- A person who obtains or uses a trade secret without authorization, with the intent to deprive the owner or benefit another, commits theft of a trade secret.
- A person who traffics in a trade secret obtained without authorization commits trafficking in trade secrets.
- Penalties for these crimes include fines and imprisonment, with higher penalties for offenses that benefit foreign governments or entities.
Robbery
- Robbery is the taking of money or property from a person with force, violence, or assault.
- Penalties for robbery include imprisonment and fines, with higher penalties for offenses that involve firearms or deadly weapons.
Robbery by Sudden Snatching
- Robbery by sudden snatching is the taking of money or property from a person with the intent to deprive the owner, without the use of force or violence.
- Penalties for robbery by sudden snatching include imprisonment and fines.
Carjacking
- Carjacking is the taking of a motor vehicle from a person with the intent to deprive the owner, with the use of force, violence, or assault.
- Penalties for carjacking include imprisonment and fines, with higher penalties for offenses that involve firearms or deadly weapons.
Home-Invasion Robbery
- Home-invasion robbery is the taking of property from a person in their dwelling with the intent to deprive the owner, with the use of force, violence, or assault.
- Penalties for home-invasion robbery include imprisonment and fines, with higher penalties for offenses that involve firearms or deadly weapons.
Trespass and Larceny with Relation to Utility Fixtures
- A person who damages, tampers with, or alters a utility fixture, such as a meter, to avoid paying for services commits theft.
- Penalties for this crime include imprisonment and fines.
- A person who permits a tenant to use utility services knowing that the services have been connected illegally can be held liable for theft.### Theft of Utility Services
- Prima facie evidence of intent to violate subsection (8) includes:
- Theft of utility services resulting in unauthorized access to utility services in a dwelling or structure
- Presence of a controlled substance and materials for manufacturing it in the dwelling or structure
- Knowledge or reasonable knowledge of the controlled substance and materials
- Liability for civil damages:
- 3 times the amount of services unlawfully obtained or $3,000, whichever is greater
- Determining civil damages or criminal restitution:
- Includes costs to repair or replace damaged property
- Includes reasonable costs for investigation and calculation of unlawfully obtained electricity services
- Includes the amount of unlawfully obtained electricity services
- Methodology for estimating loss:
- May consider estimated start date of theft and daily or hourly use of electricity
- May be based on various factors, including:
- Overload notifications from transformers
- Substantive differences in electricity usage
- Meter tampering or bypassing
- Observations of suspicious activity
- Reports of cannabis cultivation
Restitution
- Court order for restitution may be based on conviction for criminal offense causally connected to damages or losses
- Conviction for violation of this section is not a prerequisite for restitution order
- Criminal offenses that bear a significant relationship and are causally connected to a violation of this section include:
- Unlawful cultivation of cannabis in a dwelling or structure if the theft of electricity was used to facilitate the growth of cannabis
- Amount of restitution is not limited by the monetary threshold of the criminal charge
Exemptions
- This section does not apply to licensed and certified electrical contractors performing usual and ordinary service in accordance with recognized standards
Definitions of Terms
- Copper or other nonferrous metals: metals not containing significant quantities of iron or steel, including copper, copper alloy, copper utility or communications service wire, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof.
- Electrical substation: a facility that takes electricity from the transmission grid and converts it to a lower voltage so it can be distributed to customers in the local area.
- Utility: a public utility or electric utility, including any person, firm, corporation, association, or political subdivision engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, or telephone, telegraph, radio, telecommunications, or communications service.
Criminal Penalties
- Theft of nonferrous metals: a person who knowingly and intentionally takes copper or other nonferrous metals from a utility or communications services provider, causing damage or interrupting service, commits a felony of the first degree.
- Civil liability: a person who is found in a civil action to have illegally taken copper or other nonferrous metals from a utility or communications services provider is liable for damages equal to three times the actual damages sustained.
Unauthorized Reception of Communications Services
-
Definitions of terms:
- Cable operator: a communications service provider who provides services pursuant to a cable television franchise.
- Cable system: a communications service network, system, or facility owned or operated by a cable operator.
- Communications device: any electronic mechanism, transmission line, or connections and appurtenances thereto, instrument, device, machine, equipment, or software capable of intercepting, transmitting, acquiring, decrypting, or receiving communications services.
- Prohibited activities: 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 communications service provider.
-
Criminal penalties:
- Misdemeanor of the first degree: for knowingly assisting others in committing a violation of this section.
- Felony of the third degree: for willfully violating this section, or for intentionally possessing a communications device knowing it was designed for committing a violation of this section.
-
Civil penalties:
- Damages: the party aggrieved may recover actual damages, and the court may award statutory damages of not less than $250 or more than $10,000 for each communications device involved.
- Injunctions: the court may grant temporary and final injunctions to prevent or restrain violations of this section.
Hiring, Leasing, or Obtaining Personal Property or Equipment with the Intent to Defraud
-
Criminal penalties:
- Misdemeanor of the second degree: for obtaining personal property or equipment with the intent to defraud, or for hiring or leasing with the intent to defraud, if the value of the property is less than $300.
- Felony of the third degree: for obtaining personal property or equipment with the intent to defraud, or for hiring or leasing with the intent to defraud, if the value of the property is $300 or more.
- Rules of evidence: obtaining property or equipment under false pretenses, absconding without payment, or removing or attempting to remove the property or equipment from the county without consent, is evidence of fraudulent intent.### Florida Statutes: Criminal Law and Security
Rental of Personal Property (812.155)
- Failure to return rented property or equipment within 5 days after receiving a demand for return is considered prima facie evidence of abandonment or refusal to redeliver.
- The demand for return must be sent by certified mail or courier service with tracking capability.
- Failure to pay any amount due, including unpaid rental fees and repair costs, is also considered prima facie evidence of abandonment or refusal to redeliver.
Operating Chop Shops (812.16)
- A chop shop is defined as any area where stolen motor vehicles or major component parts are altered, dismantled, or concealed.
- A person who owns, operates, or aids in a chop shop is guilty of a felony of the third degree.
- Restitution may be ordered to the rightful owner of a stolen motor vehicle or major component part.
Convenience Business Security Act (812.1701-812.175)
- The Convenience Business Security Act aims to prevent violent crimes and protect employees and consumers at late-night convenience businesses.
- A convenience business is defined as a retail business that sells groceries or gasoline and is open between 11 p.m. and 5 a.m.
- Convenience businesses must have certain security measures, including:
- Security cameras
- Drop safes or cash management devices
- Lighted parking lots
- Conspicuous notices at the entrance
- Window signage
- Height markers
- Cash management policies
- Convenience businesses may not have window tinting that reduces exterior or interior view.
- Employees must receive robbery deterrence and safety training within 60 days of employment.
Enforcement and Penalties
- The Division of Alcoholic Beverages and Tobacco is responsible for enforcing the Convenience Business Security Act.
- Violations may result in a notice of violation, civil fines up to $5,000, and suspension of the business.
- The Division may also petition for an injunction and seek civil penalties and attorney's fees.
- Moneys received from civil fines and penalties are deposited into the General Revenue Fund.
Learn about the definitions and provisions of the Florida Anti-Fencing Act, including cargo and property. Understand the laws and regulations related to this act.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
