The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Section 812.012(3) of the Florida Statutes (2013) defines "obtains or uses" as any manner of:Fla. Stat.§ 772.11(1). Defendant Harris correctly points out that Plaintiff fails to identify any statutory provision - § 812.012 through § 812.037 or § 825.103(1) - that Defendant violated. ECF No. 39 at 15. That failure is fatal to Plaintiff's claim. A complaint is insufficient if it does not provide a defendant with notice of the basis for the plaintiff's claim. Plaintiff's amended complaint does not do so and it should be dismissed for failure to state a claim.A plain reading of section 812.012(2) requires a dealer in property to be "in the business of buying and selling property." The State failed to establish that Cintron met this definition, and we reject the State's argument that a person who, on one occasion, buys property from another and then sells the property constitutes a dealer in the business of buying and selling property. Thus, this inference instruction was also improperly provided to the jury, requiring reversal.The record reflects the prosecution presented the testimony of Graubman, the sales manager and the one who dealt with Crystal, regarding the value of the vehicle. Ex. B at 186. Graubman testified the base price of the vehicle was $102,000, id. at 192, and the final purchase amount was $109,588.74, id. at 193. See § 812.012(10)(a)1., Fla. Stat. (2010) (providing that “value” means “the market value of the property at 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”); see, e.g., Pickles v. State, 313 So.2d 715, 717 (Fla. 1975) (“[W]hile market value at the time of theft is the applicable test, purchase price and ‘other circumstances' can be sufficient evidence of market value in the appropriate case.”). The “buyer's order” reflecting this information, as well as the vehicle's mileage, taxes, and add-ons, was “printed up at the time of delivery” and admitted into evidence as State's Exhibit 3. Ex. B at 192.To demonstrate a claim for civil theft Plaintiff “must prove the statutory elements of theft, as well as criminal intent.” Gersh v. Cofman, 769 So.2d 407, 409 (Fla. 4th DCA 2000) (citing Fla. Stat. § 772.11 (1997); Country Manors Ass'n v. Master Antenna Sys., Inc., 534 So.2d 1187, 1191 (Fla. 4th DCA 1988)). Civil theft under Florida law requires a showing by “clear and convincing evidence” of an injury caused by Defendants' violation of one or more of the provisions of the criminal theft laws found in Fla. Stat. §§ 812.012 and Fla. Stat. § 772.11. Almeida v. Amazon.com, Inc., 456 F.3d 1316, 1327 (11th Cir. 2006) (stating that “a cause of action for civil theft derives from two statutory sources: the criminal section setting forth the elements of theft, and the civil section granting private parties a cause of action for a violation of the criminal section.”) (internal citations omitted). Fla. Stat. § 812.012 provides that 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… At trial, to establish the value of the stolen property, the State presented only the owner's testimony of what he paid to purchase the items, along with photographs of the property. This was insufficient to prove the market value of the property was $300 or more "at the time and place of the offense." See §§ 812.012( 10)(a)1., 812.014(2)(c)1., Fla. Stat. (2016). "The value of tangible personal property may be proved with evidence of the original purchase price, together with the percentage or amount of depreciation since the property's purchase, its manner of use, and its condition and quality." Fritts v. State , 58 So. 3d 430, 431 (Fla. 1st DCA 2011) (citing Pickett v. State , 839 So. 2d 860, 861–62 (Fla. 2d DCA) ). Although the State introduced evidence of what the owner paid for the items and photographs documenting the visual condition of the property—two wristwatches along with various electronic equipment including headphones, a video game system, a laptop computer, and a camera—there was no evidence establishing the amount of depreciation in value since the owner purchased the property. See , e.g. , Lucky v. State , 25 So. 3d 691, 692 (Fla. 4th DCA 2010… The value of the property stolen is an essential element of grand theft that must be proved by the State. Carter v. State , 238 So. 3d 362, 364 (Fla. 1st DCA 2017). To prove third-degree grand theft the State was required to prove that the value of the items was greater than $300. § 812.014(2)(c)1., Fla. Stat. (2017). "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." § 812.012(10)(a)1., Fla. Stat. (2017). "The value of tangible personal property may be proved with evidence of the original purchase price, together with the percentage or amount of depreciation since the property's purchase, its manner of use, and its condition and quality." Carter , 238 So. 3d at 364 (quoting Fritts v. State , 58 So. 3d 430, 431 (Fla. 1st DCA 2011) ). The State does not provide sufficient evidence where it "elicit[s] no testimony regarding the condition and quality of any of the items taken or their depreciation." Id.Turning to Florida law, embezzlement has been incorporated into the obtaining or using of property, § 812.012(3)(d)(1), Fla. Stat. (2017), a phrase found in Florida's theft statute, § 812.014, Fla. Stat. (2017). Section 812.012(3)(d)(1) defines "[o]btains or uses" to include conduct that was "previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception.". . . State, 276 So.3d 1, 2019 WL 2121652 (Fla. 4th DCA May 15, 2019) (quoting § 812.012(10)(a)(1), Fla. . . . State, 413 So. 2d 112, 114 (Fla. 2d DCA 1982), the Second District interpreted section 812.012(9)(b), . . . Section 812.012(10)(b) provides that "[i]f the value of property cannot be ascertained , the trier of . . . therefore disapprove of Jackson's disregard of the impossibility prerequisite articulated in section 812.012 . . .
. . . Section 812.012(10)(a)1., Florida Statutes (2014), defines "value" as "the market value of the property . . .
. . . See also § 812.012(10)(a)1., Fla. . . . Stat. (2017) (providing that "value" as used in sections 812.012-812.037 means, inter alia, "the market . . .
. . . . § 812.012(1), Fla. Stat. . . . with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012 . . . Endeavor means to attempt or try. § 812.012(4), Fla. Stat. . . . [services.] § 812.012(6), Fla. Stat. . . . [admissions to places of exhibition or entertainment.] § 812.012(10), Fla. Stat. . . .
. . . .]" § 812.012(10)(a)1., Fla. Stat. (2016). . . .
. . . See § 812.012(10)(b) ("[I]f no ... minimum value [of the property] can be ascertained, the value is an . . .
. . . ." § 812.012(10)(a)1., Fla. Stat. (2015). . . .
. . . Stat, § 812.012(d)(1). . . . .
. . . issue on appeal challenges the sufficiency of the evidence of proof of “value” as defined in section 812.012 . . . Section 812.012(10)(b) addresses the circumstance in which “the value of property cannot be ascertained . . . this may seem an onerous burden, there can be no doubt that proof of “value” as defined in section 812.012 . . .
. . . See § 812.012(5), Fla. . . . depart downward on the basis that the victim willingly participated in the theft of his own money. § 812.012 . . .
. . . .” § 812.012(7), Fla. Stat. . . . .” § 812.012(8)(a), (b), Fla. Stat. . . .
. . . .” § 812.012(10)(a)l., Fla. Stat. (2016). . . .
. . . .” § 812.012(10)(a)l, Fla. Stat. (2014). . . .
. . . See §§ 812.012, 812.014, Fla. Stat. (2013). . . .
. . . . § 812.012(8). . . . Stat. § 812.012(8). . . .
. . . .” § 812.012(10)(a), Fla. Stat. (2005). . . .
. . . . §§ 812.012(10)(a)(l), 812.014(2)(c)(l), Fla. Stat. (2013). . . .
. . . this section means “the market value of the property at the time and place of the offense.... ” See § 812.012 . . .
. . . . § 812.012(1), Fla. Stat. . . . [services.] § 812.012(6), Fla. Stat. . . . Definitions. § 812.012(3), Fla._Stat. . . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . . . § 812.012(7), Fla. Stat. . . .
. . . . § 812.012(8) (defining trafficking to include selling); Fla. . . . Stat; § 812.012(7) (defining “stolen property” as “property that has been the subject of any criminally . . . Stat. §§ 812.019, 812.012(7), 812.012(8). . . .
. . . .” § 812.012(10)(a)l., Fla. Stat. (2013). In Lucky v. . . .
. . . . § 812.012(10)(a)(l), Fla. Stat. (2014). . . .
. . . .” § 812.012(3)(a)-(c). . . . statute as “obtaining property by fraud, willful misrepresentation of a future act, or false premise.” § 812.012 . . .
. . . Section 812.012(3), Florida Statutes (2006), in turn, defines "obtains or uses” as any manner of: (a) . . .
. . . . § 812.012(10)(a)(l). The trial court relied on Mr. . . .
. . . Section 812.012, Florida Statutes (2012), defines trafficking not only as selling or transferring property . . . but also as buying, receiving, possessing, or obtaining control of property. § 812.012(8)(a)-(b), Fla . . .
. . . .” § 812.012(10)(a)(l). . . . certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.” § 812.012 . . .
. . . . § 812.012(4), Fla. Stat. . . .
. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .
. . . .” § 812.012(10)(a)(1). . . . .” § 812.012(10)(b). . . .
. . . Section 812.012(3), Florida Statutes (2004), defines “[ojbtains or uses” as “any manner of ... . . . .” § 812.012(3)(b) & (c), Fla. Stat. (2004). . . .
. . . convincing evidence, that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .
. . . charge of theft of retail merchandise is prosecuted pursuant to the general theft statute (sections 812.012 . . . ascertained, the cost of replacement of the property within a reasonable time after the offense. § 812.012 . . . See §§ 812.012(10(b); 812.014(3)(a), Fla. Stat. (2012). . . . .
. . . . § 812.012(10), Fla. Stat. . . .
. . . Section 812.012(10)(a)l. states that “[vjalue means the market value of the property at the time and . . . ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012 . . .
. . . the trial court properly found the value of the necklace to be not less than $100 pursuant to section 812.012 . . . argument that the trial court properly found that the necklace was not less than $100 pursuant to section 812.012 . . . Section 812.012(10)(b) provides, “[i]f the value of property cannot be ascertained, the trier of fact . . . State, 117 So.3d 433, 434 n. 1 (Fla. 4th DCA 2013) (noting that section 812.012(10)(b) is not a mere . . .
. . . . § 812.012(3), Fla. Stat. . . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . . . § 812.012(7), Fla. Stat. . . .
. . . .” § 812.012(10)(a)l, Fla. Stat. (2013). . . .
. . . of replacement of the property within a reasonable time after the offense.’ ” Id. at 888 (quoting § 812.012 . . .
. . . and convincing evidence that he or she has been injured in any fashion by reason of any violation of 812.012 . . .
. . . Section 812.012(3), Florida Statutes (2008), defines “obtains or uses” as including “[ojbtaining property . . . by fraud, willful misrepresentation of a future act, or false promise.” § 812.012(3)(c), Fla. . . .
. . . .” § 812.012(10)(a)(l); see Colletti v. State, 74 So.3d 497, 499 (Fla. 2d DCA 2011). . . . .” § 812.012(10)(b). . . . See § 812.012(10)(a) & (b). . . .
. . . .” § 812.012(10)(a)(l). . . . Section 812.012(10)(b) provides that “[i]f the value of property cannot be ascertained, the trier of . . .
. . . . § 812.012(3), Fla. Stat. . . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . . . § 812.012(7), Fla. Stat. . . .
. . . .” § 812.012(8)(a), Fla. Stat. (2008). . . . .” § 812.012(8)(b), Fla. Stat. (2008) (emphasis added). . . .
. . . See ch. 77-342, Laws of Florida; §§ 812.012-812.037, Fla. Stat.. (1977). . . . with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.” § 812.012 . . . See § 812.012(8)(a), Fla. Stat. (2009) (defining “traffic” to include the selling of property). . . . or "[o]btaining property by fraud, willful misrepresentation of a future act, or false promise." § 812.012 . . .
. . . Section 812.012(10)(a)(l) provides that “ ‘[vjalue’ means value determined according to ... the market . . .
. . . .” § 812.012(3)(d)l., Fla. Stat. (2010). . . .
. . . . § 812.012(3)(c). . . .
. . . .]” § 812.012(10)(a)l., Fla. Stat. (2009). . . . therefore, failed to prove the market value of the items was $100 or more at the time of the offense. §§ 812.012 . . . note that "the trier of fact may find the value to be not less than a certain amount” under section 812.012 . . .
. . . . § 812.012(1), Fla. Stat. . . . with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012 . . . “Endeavor” means to attempt or try. § 812.012^), Fla. Stat. . . . tangible or intangible personal property, including rights, privileges, interests, claims [services.] § 812.012 . . . [admissions to places of exhibition or entertainment.] § 812.012(10), Fla. Stat. . . .
. . . defendant’s violation of one or more of the provisions of the criminal theft laws found in sections 812.012 . . . interest in the property upon which another person is not privileged to infringe without consent”. §§ 812.012 . . . (3)(a) and 812.012(4), Fla.Stat. (1989). . . .
. . . .” § 812.012(10)(a)(l), Fla. Stat. (2010). . . .
. . . .” § 812.012(3)(c), Fla. Stat. (2007). . . .
. . . Under section 812.012(3)(a)-(c), Florida Statutes: (3) ‘Obtains or uses’ means any manner of: (a) Taking . . .
. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . . Stat. § 812.012(1). . . . Florida Statutes § 812.012 defines “taking or exercising control over property” as “[e]onduct previously . . . Stat. § 812.012(l)(d) (emphasis added). In Masvidal v. . . .
. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .
. . . . § 812.012(c), (d)(1); Hebert v. . . .
. . . Section 812.012 defines the phrase “obtains or uses” to include “[c]onduct previously known as stealing . . . misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception.” § 812.012 . . .
. . . “Value means the market value of the property at the time and place of the offense” § 812.012(10)(a)1 . . .
. . . Section 812.012, Florida Statutes (2010), which defines specific terms used in sections 812.012-812.037 . . . State, 413 So.2d 112, 114 (Fla. 2d DCA 1982), the Second District interpreted section 812.012(9)(b), . . . Section 812.012(10)(b) provides that “[i]f the value of property cannot be ascertained, the trier of . . . The State asserts that section 812.012(10)(b) is applicable to the criminal mischief statute because . . . This argument is without merit because section 812.012(10) does not provide a definition for the term . . .
. . . .” § 812.012(8)(a),(b), Fla. Stat. (2008) (emphasis added). . . .
. . . .” § 812.012(10)(a)(l). . . . State, 413 So.2d 112, 114-15 (Fla. 2d DCA 1982), was the first to apply section 812.012(10)(b) so as . . . “Section 812.012(10)(b) provides that ‘[i]f the value of property cannot be ascertained, the trier of . . . therefore disapprove of Jackson’s disregard of the impossibility prerequisite articulated in section 812.012 . . . ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012 . . .
. . . Section 812.012(10)(a)l., Florida Statutes (2005), defines “value” as “the market value of the property . . .
. . . .” § 812.012(10)(a)l., Fla. Stat. (2007). . . .
. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .
. . . Sections 812.012 through 812.037, or Section 825.103(1) of Chapter 812 of the Florida Statutes. . . .
. . . 2008), the State must prove that the property stolen was valued at $300 or more, as defined by section 812.012 . . . ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012 . . . the State failed to prove that the property stolen was valued at $300 or more as defined by section 812.012 . . . finding of guilt may stand based on a finding that the minimum value of the items is self-evident. § 812.012 . . .
. . . .” § 812.012(8), Fla. Stat. (2009). . . . .” § 812.012(8), Fla. Stat. (2007). . . .
. . . that he or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012 . . . Section 812.012(3) defines “obtains or uses” as any manner of: (a) Taking or exercising control over . . . Other conduct similar in nature. § 812.012(3). . . .
. . . .” § 812.012(10)(a)l., Fla. Stat. (2008). In Mansfield v. . . .
. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .
. . . .” § 812.012(l)(c), Fla. Stat. (2004). . . .
. . . .” § 812.012(10)(a)l, Fla. Stat. (2007). . . .
. . . Section 812.035(10) provides that “a criminal ... action or proceeding under ss. 812.012-812.037 or s . . .
. . . The theft statute provides in section 812.012(10)(c), Florida Statutes (2005), that the value of separate . . .
. . . . §§812.012 (1994), 812.014 (West Supp. 1996); but see, e.g., §§817.234 (insurance fraud), 817.61 (fraudulent . . .
. . . State, 994 So.2d 378, 379 (Fla. 3d DCA 2008) (citing § 812.012(10)(a)(1), Fla. Stat. (2003)). . . . We recognize that pursuant to section 812.012(10)(b), Florida Statutes (2007), even where the value of . . .
. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of sections 812.012 . . .
. . . . § 812.012(10)(a)l, Fla. Stat. (2003). . . .
. . . Definitions,-Give if appUcable- § 812.012(1), Fla. Stat. . . . with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012 . . . conduct similar in nature. ⅛ — Other conduct similar — in na- “Endeavor” means to attempt or try. § 812.012 . . . intangible personal property, including rights, privileges, interests, and claims;] and [services.] § 812.012 . . . [lodging accommodations.; and] [admissions to places of exhibition or entertainment.] § 812.012(10), . . .
. . . that he or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012 . . .
. . . . § 812.012(3)(a), (b) (defining the term “obtains and uses” for purposes of chapter 812). . . .
. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .
. . . It is also consistent with theft by “false pretenses” under section 812.012(3)(d)l, Florida Statutes . . . pretenses” was one of the methods of theft specified in the definition of “obtains or uses” in section 812.012 . . . Significantly, in 1981, the legislature amended section 812.012(3)(c) to expand the definition of the . . .
. . . that “[n]otwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012 . . .
. . . . §§ 812.012 et seq. Balcor Prop. Mgmt., Inc. v. . . .
. . . . § 812.012(3)(c). Rogers and Mylett bought Qwest stock on the open market. . . .
. . . . § 812.012(8), Fla. Stat. . . . . §§ 812.012(6), 812.028(8), Fla. Stat. . . . . § 812.012(7), Fla. Stat. . . . Definitions. § 812.012(3), Fla.Stat. . . . . § 812.012(7), Fla. Stat. . . .
. . . .” § 812.012(10)(a)(l), Fla. Stat. (2005). . . .
. . . As used in ss. 812.012-812.037: (8) “Traffic” means: (a) To sell, transfer, distribute, dispense, or . . . property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. § 812.012 . . .