Florida Statute 812.012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.012

812.012 Definitions.—As used in ss. 812.012-812.037:

(1) “Cargo” means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility.

(2) “Dealer in property” means any person in the business of buying and selling property.

(3) “Obtains or uses” means any manner of:

(a) Taking or exercising control over property.

(b) Making any unauthorized use, disposition, or transfer of property.

(d)1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or

2. Other conduct similar in nature.

(4) “Property” means anything of value, and includes:

(a) Real property, including things growing on, affixed to, and found in land.

(b) Tangible or intangible personal property, including rights, privileges, interests, and claims.

(5) “Property of another” means property in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person also has an interest in the property.

(6) “Services” means anything of value resulting from a person’s physical or mental labor or skill, or from the use, possession, or presence of property, and includes:

(a) Repairs or improvements to property.

(b) Professional services.

(d) Lodging accommodations.

(e) Admissions to places of exhibition or entertainment.

(7) “Stolen property” means property that has been the subject of any criminally wrongful taking.

(8) “Traffic” means:

(a) To sell, transfer, distribute, dispense, or otherwise dispose of property.

(b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.

(9) “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity.

(10) “Value” means value determined according to any of the following:

(a)1. Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.

2. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

3. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret.

(b) If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.

(c) Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense.

History.—s. 3, ch. 77-342; s. 292, ch. 79-400; s. 1, ch. 81-85; s. 1, ch. 2001-115.

F.S. 812.012 on Google Scholar

F.S. 812.012 on Casetext

Amendments to 812.012

Arrestable Offenses / Crimes under Fla. Stat. 812.012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 812.012.

Annotations, Discussions, Cases:

Cases Citing Statute 812.012

Total Results: 20

JORGE ALFARO v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-10-25

Snippet: within a reasonable time after the offense.” § 812.012(10)(a)(1), Fla. Stat. (2019). 3 “The general rule

JOHN GARCIA v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-26

Snippet: either temporarily or permanently: 8 Section 812.012(3) of the Florida Statutes (2013) defines “obtains

WORLD CELLPHONES DISTRIBUTORS CORP., etc. v. DE SURINAAMSCHE BANK N.V., etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: sections 9 812.012-037 or section 825.103(1), Florida Statutes. §

YAIR BARAK v. ACS INTERNATIONAL PROJECTS, LTD., etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

Snippet: Fla. Stat. (“Notwithstanding s. 775.021, ss. 812.012–812.037 shall not be construed strictly or liberally

SHAREE BAILEY v. ARVA COVINGTON

Court: District Court of Appeal of Florida | Date Filed: 2021-04-07

Snippet: fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: sheriff of any of the various counties. § 812.012(1), Fla. Stat. “Cargo” means partial or

SHAROD M. HARRIS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-01-08

Snippet: the theft statute. The relevant part of section 812.012(10), Florida Statutes (2017) provides: (10)

Gonzalez v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 275 So. 3d 766

Snippet: 2121652 (Fla. 4th DCA May 15, 2019) (quoting § 812.012(10)(a)(1), Fla. Stat. (2016) ). "Because the value

Gonzalez v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 275 So. 3d 766

Snippet: 2121652 (Fla. 4th DCA May 15, 2019) (quoting § 812.012(10)(a)(1), Fla. Stat. (2016) ). "Because the value

ROD LEE BRUCE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-15

Snippet: within a reasonable time after the offense.” § 812.012(10)(a)1., Fla. Stat. (2016). In determining

Garcia v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-01

Snippet: agree in part and disagree in part. 7Section 812.012(3) of the Florida Statutes (2013) defines “obtains

GOLDBOURNE ONEIL HENRY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-01-23

Citation: 264 So. 3d 182

Snippet: § 812.014(2)(c)1., Fla. Stat. (2014). Section 812.012(10)(a)1., Florida Statutes (2014), defines “value”

M.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-26

Citation: 260 So. 3d 552

Snippet: also § 812.012(10)(a)1., Fla. Stat. (2017) (providing that "value" as used in sections 812.012-812.037

M.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-26

Citation: 260 So. 3d 552

Snippet: also § 812.012(10)(a)1., Fla. Stat. (2017) (providing that "value" as used in sections 812.012-812.037

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-02.

Court: Supreme Court of Florida | Date Filed: 2018-10-25

Citation: 256 So. 3d 1316

Snippet: sheriff of any of the various counties. § 812.012(1), Fla. Stat. "Cargo" means partial or

ADAM TELTSCHIK v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Citation: 257 So. 3d 610

Snippet: offense cannot be satisfactorily ascertained. § 812.012(10)(a)(1). Because value is an element of the

T.T.S., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-08-15

Citation: 253 So. 3d 1154

Snippet: property at the time and place of the offense[.]” § 812.012(10)(a)1., Fla. Stat. (2016). In the absence of

D.J.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 242 So. 3d 448

Snippet: is deemed to be an amount less than $100. See § 812.012(10)(b) ("[I]f no ... minimum value [of the property]

D.J.S. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Snippet: deemed to be an amount less than $100. See § 812.012(10)(b) ("[I]f no . . . minimum value [of

Rodriguez v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-12-06

Snippet: or otherwise dispose of such property." § 812.012(8)(a)-(b). During closing argument, the State posited