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Florida Statute 812.012 | Lawyer Caselaw & Research
F.S. 812.012 Case Law from Google Scholar
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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVI
CRIMES
Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES
View Entire Chapter
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.
(c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise.
(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.
(c) Services.
(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.
(c) Private, public, or government communication, transportation, power, water, or sanitation 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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Section 812.012(3) of the Florida Statutes (2013) defines "obtains or uses" as any manner of:
    PAGE 18
  2. Howard v. Harris

    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. 45 at 22. That failure is fatal

  3. 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.
    PAGE 22
  4. See § 812.005, Fla. Stat. (identifying sections 812.012 through 812.037-the provisions specified in the civil theft statute-as the provisions making up the act).
    PAGE 4
  5. Cintron v. State

    336 So. 3d 865 (Fla. Dist. Ct. App. 2022)
    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.
    PAGE 869
  6. 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.
    PAGE 44
  7. 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…
  8. Devenish v. State

    316 So. 3d 437 (Fla. Dist. Ct. App. 2021)
    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…
  9. Gallion v. State

    312 So. 3d 983 (Fla. Dist. Ct. App. 2020)
    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.
    PAGE 985
  10. 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."
    PAGE 669

    Cases from cite.case.law:

    GONZALEZ, v. STATE, 275 So. 3d 766 (Fla. App. Ct. 2019)

    . . . 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 . . .

    HENRY, v. STATE, 264 So. 3d 182 (Fla. App. Ct. 2019)

    . . . Section 812.012(10)(a)1., Florida Statutes (2014), defines "value" as "the market value of the property . . .

    M. S. a v. STATE, 260 So. 3d 552 (Fla. App. Ct. 2018)

    . . . 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 . . .

    IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 256 So. 3d 1316 (Fla. 2018)

    . . . . § 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. . . .

    TELTSCHIK, v. STATE, 257 So. 3d 610 (Fla. App. Ct. 2018)

    . . . . § 812.012(10)(a)(1). . . .

    T. T. S. a v. STATE, 253 So. 3d 1154 (Fla. App. Ct. 2018)

    . . . .]" § 812.012(10)(a)1., Fla. Stat. (2016). . . .

    D. J. S. v. STATE, 242 So. 3d 448 (Fla. App. Ct. 2018)

    . . . See § 812.012(10)(b) ("[I]f no ... minimum value [of the property] can be ascertained, the value is an . . .

    RODRIGUEZ, v. STATE, 231 So. 3d 584 (Fla. Dist. Ct. App. 2017)

    . . . .” § 812.012(8)(a)-(b). . . .

    CARTER, v. STATE, 238 So. 3d 362 (Fla. App. Ct. 2017)

    . . . ." § 812.012(10)(a)1., Fla. Stat. (2015). . . .

    M. BARONE, v. WELLS FARGO BANK, N. A. a. k. a. a. k. a., 709 F. App'x 943 (11th Cir. 2017)

    . . . Stat, § 812.012(d)(1). . . . .

    Y. R. a v. STATE, 226 So. 3d 1008 (Fla. Dist. Ct. App. 2017)

    . . . 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 . . .

    STATE v. IMBER,, 223 So. 3d 1070 (Fla. Dist. Ct. App. 2017)

    . . . See § 812.012(5), Fla. . . . depart downward on the basis that the victim willingly participated in the theft of his own money. § 812.012 . . .

    HORVATH, v. STATE, 217 So. 3d 1045 (Fla. Dist. Ct. App. 2017)

    . . . .” § 812.012(7), Fla. Stat. . . . .” § 812.012(8)(a), (b), Fla. Stat. . . .

    COUNCIL, v. STATE, 206 So.3d 155 (Fla. Dist. Ct. App. 2016)

    . . . .” § 812.012(10)(a)l., Fla. Stat. (2016). . . .

    CHAMBERS, v. STATE, 200 So. 3d 242 (Fla. Dist. Ct. App. 2016)

    . . . .” § 812.012(10)(a)l, Fla. Stat. (2014). . . .

    MEDRANO, v. STATE, 199 So. 3d 413 (Fla. Dist. Ct. App. 2016)

    . . . See §§ 812.012, 812.014, Fla. Stat. (2013). . . .

    UNITED STATES v. SANCHEZ- RODRIGUEZ,, 830 F.3d 168 (5th Cir. 2016)

    . . . . § 812.012(8). . . . Stat. § 812.012(8). . . .

    CHAPPELL, Jr. v. STATE, 200 So. 3d 159 (Fla. Dist. Ct. App. 2016)

    . . . .” § 812.012(10)(a), Fla. Stat. (2005). . . .

    WALKER, v. STATE, 191 So. 3d 949 (Fla. Dist. Ct. App. 2016)

    . . . . §§ 812.012(10)(a)(l), 812.014(2)(c)(l), Fla. Stat. (2013). . . .

    CONTES, v. STATE, 190 So. 3d 198 (Fla. Dist. Ct. App. 2016)

    . . . this section means “the market value of the property at the time and place of the offense.... ” See § 812.012 . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 190 So. 3d 614 (Fla. 2016)

    . . . . § 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. . . .

    UNITED STATES v. MENTO,, 635 F. App'x 854 (11th Cir. 2016)

    . . . . § 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). . . .

    BAGNARA, v. STATE, 189 So. 3d 167 (Fla. Dist. Ct. App. 2016)

    . . . .” § 812.012(10)(a)l., Fla. Stat. (2013). In Lucky v. . . .

    E. G. a v. STATE, 180 So. 3d 1152 (Fla. Dist. Ct. App. 2015)

    . . . . § 812.012(10)(a)(l), Fla. Stat. (2014). . . .

    R. WALLS, v. STATE, 184 So. 3d 1151 (Fla. Dist. Ct. App. 2015)

    . . . .” § 812.012(3)(a)-(c). . . . statute as “obtaining property by fraud, willful misrepresentation of a future act, or false premise.” § 812.012 . . .

    IZQUIERDO, v. STATE, 177 So. 3d 1018 (Fla. Dist. Ct. App. 2015)

    . . . Section 812.012(3), Florida Statutes (2006), in turn, defines "obtains or uses” as any manner of: (a) . . .

    CIANI, v. STATE, 177 So. 3d 656 (Fla. Dist. Ct. App. 2015)

    . . . . § 812.012(10)(a)(l). The trial court relied on Mr. . . .

    BRADLEY, v. STATE, 174 So. 3d 1052 (Fla. Dist. Ct. App. 2015)

    . . . 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 . . .

    WIECHERT, v. STATE, 170 So. 3d 109 (Fla. Dist. Ct. App. 2015)

    . . . .” § 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 . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 163 So. 3d 478 (Fla. 2015)

    . . . . § 812.012(4), Fla. Stat. . . .

    IN RE TREXLER, J. v., 528 B.R. 842 (Bankr. N.D. Ga. 2015)

    . . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .

    ELLIS, v. STATE, 157 So. 3d 467 (Fla. Dist. Ct. App. 2015)

    . . . .” § 812.012(10)(a)(1). . . . .” § 812.012(10)(b). . . .

    S. LIVINGSTON, v. STATE, 154 So. 3d 1171 (Fla. Dist. Ct. App. 2015)

    . . . Section 812.012(3), Florida Statutes (2004), defines “[ojbtains or uses” as “any manner of ... . . . .” § 812.012(3)(b) & (c), Fla. Stat. (2004). . . .

    PROU, v. GIARLA,, 62 F. Supp. 3d 1365 (S.D. Fla. 2014)

    . . . convincing evidence, that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .

    F. T. a v. STATE, 146 So. 3d 1270 (Fla. Dist. Ct. App. 2014)

    . . . 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). . . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 146 So. 3d 1110 (Fla. 2014)

    . . . . § 812.012(10), Fla. Stat. . . .

    TINDAL, v. STATE, 145 So. 3d 915 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    M. K. a v. STATE, 143 So. 3d 428 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 140 So. 3d 992 (Fla. 2014)

    . . . . § 812.012(3), Fla. Stat. . . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . . . § 812.012(7), Fla. Stat. . . .

    A. MASONETT, v. STATE, 137 So. 3d 587 (Fla. Dist. Ct. App. 2014)

    . . . .” § 812.012(10)(a)l, Fla. Stat. (2013). . . .

    MITCHELL, v. STATE, 135 So. 3d 538 (Fla. Dist. Ct. App. 2014)

    . . . of replacement of the property within a reasonable time after the offense.’ ” Id. at 888 (quoting § 812.012 . . .

    UNITED HEALTHCARE SERVICES, INC. v. SANCTUARY SURGICAL CENTRE, INC. LLC, LLC, LLC, PSG S. LLC, a k a, 5 F. Supp. 3d 1350 (S.D. Fla. 2014)

    . . . and convincing evidence that he or she has been injured in any fashion by reason of any violation of 812.012 . . .

    C. HENRY, v. STATE, 133 So. 3d 1034 (Fla. Dist. Ct. App. 2014)

    . . . 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. . . .

    C. SUTTON, v. STATE, 128 So. 3d 957 (Fla. Dist. Ct. App. 2013)

    . . . .” § 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). . . .

    G. B. v. STATE, 123 So. 3d 660 (Fla. Dist. Ct. App. 2013)

    . . . .” § 812.012(10)(a)(l). . . . Section 812.012(10)(b) provides that “[i]f the value of property cannot be ascertained, the trier of . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 121 So. 3d 520 (Fla. 2013)

    . . . . § 812.012(3), Fla. Stat. . . . . §§ 812.012(6), 812.028(3), Fla. Stat. . . . . § 812.012(7), Fla. Stat. . . .

    D. WILLIAMS, v. STATE, 121 So. 3d 524 (Fla. 2013)

    . . . .” § 812.012(8)(a), Fla. Stat. (2008). . . . .” § 812.012(8)(b), Fla. Stat. (2008) (emphasis added). . . .

    BLACKMON, v. STATE Of, 121 So. 3d 535 (Fla. 2013)

    . . . 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 . . .

    NEWLAND, v. STATE, 117 So. 3d 482 (Fla. Dist. Ct. App. 2013)

    . . . Section 812.012(10)(a)(l) provides that “ ‘[vjalue’ means value determined according to ... the market . . .

    RHODES, v. O. TURNER COMPANY, LLC,, 117 So. 3d 872 (Fla. Dist. Ct. App. 2013)

    . . . .” § 812.012(3)(d)l., Fla. Stat. (2010). . . .

    N. FRAZIER, v. STATE, 114 So. 3d 461 (Fla. Dist. Ct. App. 2013)

    . . . .” § 812.012(3)(c). . . .

    ADAMS, v. CITY OF ORMOND BEACH, a, 514 F. App'x 952 (11th Cir. 2013)

    . . . . § 812.012(3)(c). . . .

    OLIVERA, v. STATE, 117 So. 3d 433 (Fla. Dist. Ct. App. 2013)

    . . . .]” § 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 . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 109 So. 3d 721 (Fla. 2013)

    . . . . § 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. . . .

    DENT, v. STATE, 125 So. 3d 205 (Fla. Dist. Ct. App. 2013)

    . . . 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). . . .

    D. SANCHEZ, v. STATE, 101 So. 3d 1283 (Fla. Dist. Ct. App. 2012)

    . . . .” § 812.012(10)(a)(l), Fla. Stat. (2010). . . .

    SEGAL, v. STATE, 98 So. 3d 739 (Fla. Dist. Ct. App. 2012)

    . . . .” § 812.012(3)(c), Fla. Stat. (2007). . . .

    HUGGINS, v. STATE, 135 So. 3d 306 (Fla. Dist. Ct. App. 2012)

    . . . Under section 812.012(3)(a)-(c), Florida Statutes: (3) ‘Obtains or uses’ means any manner of: (a) Taking . . .

    BURGER, a v. HARTLEY,, 896 F. Supp. 2d 1157 (S.D. Fla. 2012)

    . . . 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. . . .

    RUSSO, v. FINK, 87 So. 3d 815 (Fla. Dist. Ct. App. 2012)

    . . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .

    GREEN, v. STATE, 90 So. 3d 835 (Fla. Dist. Ct. App. 2012)

    . . . . § 812.012(c), (d)(1); Hebert v. . . .

    LEWIS, v. MORGAN,, 79 So. 3d 926 (Fla. Dist. Ct. App. 2012)

    . . . 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 . . .

    CARTER, v. STATE, 77 So. 3d 849 (Fla. Dist. Ct. App. 2012)

    . . . .” § 812.012(10)(a)(l). . . .

    M. S. O. a v. STATE, 73 So. 3d 842 (Fla. Dist. Ct. App. 2011)

    . . . “Value means the market value of the property at the time and place of the offense” § 812.012(10)(a)1 . . .

    MARRERO, v. STATE, 71 So. 3d 881 (Fla. 2011)

    . . . 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 . . .

    CANADY, v. STATE, 73 So. 3d 785 (Fla. Dist. Ct. App. 2011)

    . . . .” § 812.012(8)(a),(b), Fla. Stat. (2008) (emphasis added). . . .

    S. COLLETTI, v. STATE, 74 So. 3d 497 (Fla. Dist. Ct. App. 2011)

    . . . .” § 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 . . .

    AUSTIN, v. STATE, 64 So. 3d 139 (Fla. Dist. Ct. App. 2011)

    . . . Section 812.012(10)(a)l., Florida Statutes (2005), defines “value” as “the market value of the property . . .

    FRITTS, v. STATE, 58 So. 3d 430 (Fla. Dist. Ct. App. 2011)

    . . . .” § 812.012(10)(a)l., Fla. Stat. (2007). . . .

    In LAS VEGAS CASINO LINES, LLC, LLC, v., 454 B.R. 223 (Bankr. M.D. Fla. 2011)

    . . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .

    In LORENZO, A. R US, LLC, v., 434 B.R. 695 (Bankr. M.D. Fla. 2010)

    . . . Sections 812.012 through 812.037, or Section 825.103(1) of Chapter 812 of the Florida Statutes. . . .

    HUGHES, v. STATE, 36 So. 3d 816 (Fla. Dist. Ct. App. 2010)

    . . . . § 812.012, Fla. Stat. . . .

    J. O. a v. STATE, 42 So. 3d 803 (Fla. Dist. Ct. App. 2010)

    . . . . § 812.012(8). . . .

    A. D. a v. STATE, 30 So. 3d 676 (Fla. Dist. Ct. App. 2010)

    . . . 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 . . .

    BROSE, v. STATE, 32 So. 3d 144 (Fla. Dist. Ct. App. 2010)

    . . . .” § 812.012(8), Fla. Stat. (2009). . . . .” § 812.012(8), Fla. Stat. (2007). . . .

    H. WINTERS, v. MULHOLLAND, E., 33 So. 3d 54 (Fla. Dist. Ct. App. 2010)

    . . . 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). . . .

    LUCKY, v. STATE, 25 So. 3d 691 (Fla. Dist. Ct. App. 2010)

    . . . .” § 812.012(10)(a)l., Fla. Stat. (2008). In Mansfield v. . . .

    KELLY, v. PALMER, REIFLER, ASSOCIATES, P. A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010)

    . . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .

    HEBERT, v. STATE, 25 So. 3d 612 (Fla. Dist. Ct. App. 2009)

    . . . .” § 812.012(l)(c), Fla. Stat. (2004). . . .

    JACKSON, v. STATE, 23 So. 3d 206 (Fla. Dist. Ct. App. 2009)

    . . . .” § 812.012(10)(a)l, Fla. Stat. (2007). . . .

    NAVARRO, v. STATE, 19 So. 3d 1180 (Fla. Dist. Ct. App. 2009)

    . . . Section 812.035(10) provides that “a criminal ... action or proceeding under ss. 812.012-812.037 or s . . .

    SEBASTIANO, v. STATE, 14 So. 3d 1160 (Fla. Dist. Ct. App. 2009)

    . . . The theft statute provides in section 812.012(10)(c), Florida Statutes (2005), that the value of separate . . .

    NIJHAWAN v. HOLDER, ATTORNEY GENERAL, 557 U.S. 29 (3d Cir. 2009)

    . . . . §§812.012 (1994), 812.014 (West Supp. 1996); but see, e.g., §§817.234 (insurance fraud), 817.61 (fraudulent . . .

    K. W. a v. STATE, 13 So. 3d 90 (Fla. Dist. Ct. App. 2009)

    . . . 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 . . .

    MOYNET, v. COURTOIS, 8 So. 3d 377 (Fla. Dist. Ct. App. 2009)

    . . . convincing evidence that he or she has been injured in any fashion by reason of any violation of sections 812.012 . . .

    BLOODSAW, v. STATE, 994 So. 2d 378 (Fla. Dist. Ct. App. 2008)

    . . . . § 812.012(10)(a)l, Fla. Stat. (2003). . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 986 So. 2d 563 (Fla. 2008)

    . . . 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), . . .

    G. DIAZ, v. ANDY,, 987 So. 2d 698 (Fla. Dist. Ct. App. 2008)

    . . . that he or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012 . . .

    M. D. S. v. STATE, 982 So. 2d 1282 (Fla. Dist. Ct. App. 2008)

    . . . . § 812.012(3)(a), (b) (defining the term “obtains and uses” for purposes of chapter 812). . . .

    K. W. v. STATE, 983 So. 2d 713 (Fla. Dist. Ct. App. 2008)

    . . . .” § 812.012(10)(a)(l). . . .

    OCALA JOCKEY CLUB, LLC, L. v. ROGERS,, 981 So. 2d 1245 (Fla. Dist. Ct. App. 2008)

    . . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012 . . .

    WEAVER, v. STATE, 981 So. 2d 508 (Fla. Dist. Ct. App. 2008)

    . . . 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 . . .

    STATE v. RAMOS,, 975 So. 2d 638 (Fla. Dist. Ct. App. 2008)

    . . . that “[n]otwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012 . . .

    S. A. S. v. STATE, 970 So. 2d 483 (Fla. Dist. Ct. App. 2007)

    . . . .” § 812.012(10)(a)(l). . . .

    BOOKWORLD TRADE, INC. d b a a v. DAUGHTERS OF ST. PAUL, INC. a d b a, 532 F. Supp. 2d 1350 (M.D. Fla. 2007)

    . . . . §§ 812.012 et seq. Balcor Prop. Mgmt., Inc. v. . . .

    C. G. H. v. STATE, 968 So. 2d 94 (Fla. Dist. Ct. App. 2007)

    . . . .” § 812.012(10)(a)(l). . . .

    M. ROGERS, C. v. P. NACCHIO, F. L., 241 F. App'x 602 (11th Cir. 2007)

    . . . . § 812.012(3)(c). Rogers and Mylett bought Qwest stock on the open market. . . .

    In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

    . . . . § 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. . . .

    JONES, v. STATE, 958 So. 2d 585 (Fla. Dist. Ct. App. 2007)

    . . . .” § 812.012(10)(a)(l), Fla. Stat. (2005). . . .

    NEALS, v. STATE, 962 So. 2d 926 (Fla. Dist. Ct. App. 2007)

    . . . 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 . . .