The 2023 Florida Statutes
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or permanently deprive that person of a right to the property or of a benefit therefrom, or to appropriate the property to said defendant's own use or to the use of any person not entitled thereto, in violation of s. 812.014(3)(A), Fla. Stat., ....Fla. Stat. § 812.014(1). A person who “proves by clear and convincing evidence that he or she has been injured” by the theft, “has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts.” Fla. Stat. § 772.11(1). Plaintiff must have made a written demand for $200 or the treble damages. Id. The cease-and-desist letter made the following demands:Of course, timeliness is not jurisdictional. Holland v. Florida, 560 U.S. 631, 645 (2010). Therefore, this Court need not resolve the timeliness question to address Hill's claim for relief. Hill asks the Court to retroactively apply an amended version of the grand theft statute to her. Hill states that at the time of the offense in 2015, Florida law set the minimum value of stolen property for grand theft at $300.00. See § 812.014(2)(c)1., Fla. Stat. (2014). But the statute was amended in 2019 to make the minimum value of stolen property for grand theft $750.00. See Ch. 2019-167, § 36, Laws of Fla.The defendant below, Jorge Alfaro ("Mr. Alfaro"), appeals from a final judgment of conviction and sentence for third degree grand theft, a third degree felony, for theft of property valued at $10,000 or more, but less than $20,000, in violation of section 812.014(2)(c)(3), Florida Statutes (2019), asserting that the trial court erred by denying his motion for judgment of acquittal. Based on our de novo review, we disagree. See Leggett v. State, 237 So.3d 1144, 1146 (Fla. 3d DCA 2018) (holding that the denial of a judgment of acquittal is reviewed de novo).In a February 18, 2020 letter to Plaintiff's counsel, Defendant's former counsel acknowledged Defendant was in possession of some of Plaintiff's equipment and that the equipment would remain with her pending settlement negotiations. Defendant additionally testified in her October 29, 2020 state court deposition that, at the time of the deposition, Plaintiff's equipment remained in her apartment. The District Court found that Plaintiff was entitled to summary judgment on its claim for civil theft. In so finding, the District Court noted that Defendant knowingly kept Plaintiff's equipment and deprived Plaintiff of its use. Final Judgment was entered in Plaintiff's favor for civil theft, finding that Defendant violated Florida Statutes § 812.014. Thus, having proven by clear and convincing evidence that Plaintiff has been injured by a violation of § 812.014, the undersigned recommends that Plaintiff be found entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts incurred in in its claim for civil theft. See Primerica Life Ins. v. Guerra, No. 16-22330-CIV, 2017 WL 5713927, at *3 (S.D. Fla. Sept. 5, 2017), report and… The elements of grand theft of a motor vehicle under Fla. Stat. § 812.014 are (1) the knowing and unlawful obtaining or use, or the knowing and unlawful endeavor to obtain or use, (2) the motor vehicle of another, (3) with the intent to either temporarily or permanently (a) deprive the owner or lawful possessor of a motor vehicle of the right to the vehicle or the benefit from it, or (b) to appropriate the motor vehicle for the accused's own use or for the use of any person not entitled to it. See Fryer v. State, 732 So.2d 30, 33 (Fla. 5th DCA 1999).Under Florida law, a claim for civil theft is “essentially a conversion in which the defendant acted with criminal intent.” Freeman v. Sharpe Resources Corp., No. 12-1584, 2013 WL 2151723, at *12 (M.D. Fla. May 16, 2013). To state a claim for civil theft, a plaintiff must allege that the defendant took the plaintiff's property intending to appropriate the property for the defendant's own use. See id. (citing FLA. STAT. §§ 772.11, 812.014 (2012)). The property at issue may be money “so long as it consists of specific money capable of identification.” Belford Trucking, Co., Inc. v. Zagar, 243 So.2d 646, 648 (Fla. 4th Dist. Ct. App. 1970). “Money is capable of identification where it is delivered at one time, by one act and in one mass, or where the deposit is special and the identical money is to be kept for the party making the deposit, or where wrongful possession of such property is obtained.” Id.(3) grand theft of a firearm, a third degree felony, in violation of sections 812.014(1)(a)-(b) and (2)(c)5., Florida Statutes;In Florida, a person commits theft if he knowingly obtains someone else's property with intent to either deprive the other person of a right to the property or appropriate the property to his own use. Fla. Stat. § 812.014(1). A person commits grand theft in the third degree if the stolen property is, among other things, valued at more than $750 but less than $20,000. Id. § 812.014(2)(c).The 2012 version of section 812.014 provides:. . . evidence that the value of the stolen property exceeded the felony threshold of $300 under section 812.014 . . . See § 812.014(2)(c), Fla. Stat. . . . See § 812.014(2)(c) 1., Fla. . . . Under section 812.014(c) 1.: "It is grand theft of the third degree and a felony of the third degree, . . .
. . . See § 812.014(2)(e), Fla. . . . See § 812.014(3)(a), Fla. . . .
. . . These allegations gave rise to charges of grand theft (auto) in violation of subsections 812.014(1)(a . . .
. . . of Florida Statute § 817.034(4)(a)(3) and one count of Grand Theft in violation of Florida Statute § 812.014 . . . violation of Florida Statute § 838.022, one count of Grand Theft in violation of Florida Statute § 812.014 . . . violation of Florida Statute § 838.022, and one count of Grand Theft in violation of Florida Statute § 812.014 . . .
. . . . § 812.014(2)(c)1., Fla. Stat. (2014). . . .
. . . ." § 812.014(2)(e), Fla. Stat. (2017). . . .
. . . Robbery with a 812.13(2)(b) 15.1 weapon Robbery 812.13(2)(c) 15.1 Petit theft - second 812.014(3)(a) . . . Petit Theft 812.014(3)(c) 14.1 Petit theft - first 812.014(2)(e) 14.1 degree Petit theft - first 812.014 . . . petit theft 812.014(3)(c) 14.1 Petit theft - first 812.014(2)(e) 14.1 degree Petit theft - first 812.014 . . . petit theft 812.014(3)(c) 14.1 Petit theft - first 812.014(2)(e) 14.1 degree Petit theft - first 812.014 . . . 812.014(2)(d) 14.1 degree Felony petit theft 812.014(3)(c) 14.1 Petit theft - first 812.014(2)(e) 14.1 . . .
. . . delinquency, the State charged S.S. with grand theft of a motor vehicle, a third-degree felony under section 812.014 . . .
. . . of robbery under section 812.13, the State must also prove the elements of petit theft under section 812.014 . . . first-degree petit theft conviction required proof that he took property valued between $100 and $300. § 812.014 . . .
. . . Turning next to Pretium's civil theft count against the appellants, pursuant to Florida Statute section 812.014 . . . In addition to Pretium's failure to comply with sections 772.11(1) and 812.014(1), Pretium's complaint . . .
. . . Grand theft - second 812.014(2)(b) 14.1 degree Grand theft - third 812.014(2)(c)1.,2.,3. 14.1 degree . . . Petit theft - first 812.014(2)(e) 14.1 degree Petit theft - second None 812.014(3)(a) 14.1 degree PETIT . . . Petit theft - second 812.014(3)(a) 14.1 degree None PETIT THEFT - FIRST DEGREE - 812.014(3)(b) CATEGORY . . . Petit theft - second 812.014(3)(a) 14.1 degree None PETIT THEFT - SECOND DEGREE - 812.014(3)(a) CATEGORY . . . Petit theft - first 812.014(3)(b) 14.1 degree Petit theft - second 812.014(3)(a) 14.1 degree Comments . . .
. . . ." § 812.014(2)(c)(1), Fla. Stat. (2016). . . .
. . . . § 812.014(2)(c)1.-3., Fla. Stat. (2016). . . .
. . . value of the stolen and damaged property met the statutory thresholds for the charged offenses, see §§ 812.014 . . . the delinquency court to enter an order finding that D.D. committed second-degree petit theft, see § 812.014 . . . State must prove that the value of the stolen property was at least $300 at the time of the theft. § 812.014 . . . State's value evidence could only sustain a conviction for second-degree petit theft under section 812.014 . . .
. . . State charged appellant, Jeffrey Gabriel, by information with one count of petit theft under section 812.014 . . .
. . . . § 812.014. . . .
. . . . §§ 812.014(1), (2)(c), Fla. Stat. (2016). . . .
. . . The 2014 conviction was charged as grand theft under sections 812.014(1)(a), (b), (2)(b), Florida Statutes . . .
. . . See § 812.014(2)(c)(1), Fla. Stat. (2016). . . .
. . . MANAGEMENT GROUP, LLC, and PETER VOIGT have been clearly and convincingly demonstrated as violating Section 812.014 . . .
. . . See § 812.014(1), Fla. Stat. (2002). . . . Section 812.014(1), Florida Statutes (2016) provides, (1) A person commits theft if he or she knowingly . . .
. . . . § 812.014(1), a CIMT. At some point, Watkins returned to the United States. . . .
. . . . § 812.014? Id. at 1025. . . .
. . . The State also charged Rodriguez with grand theft in violation of section 812.014, Florida Statutes ( . . .
. . . charging K.M. with one count of petit theft against a retailer, a first-degree misdemeanor under section 812.014 . . . See § 812.014(2)(e), Fla. . . .
. . . ." § 812.014(2)(c)1., Fla. Stat. (2015). . . .
. . . petition for delinquency charging C.T. with grand theft of a motor vehicle in violation of section 812.014 . . . See § 812.014(1), Fla. Stat. (2016) ; M.D.S. v. . . . The crime of grand theft of a motor vehicle is set forth in section 812.014(1), (2)(c)6, Florida Statutes . . .
. . . See §§ 316,027(2)(c), .1935(3)(b), 322.34, 782.071(1)(a), 812.014, 843.02, Fla. Stat. (2015). . . .
. . . conversion;,- and (4) civil theft under section 772.11, Florida Statutes, for violations, of section 812.014 . . . Stat. § 812.014? Id. at 1025. C. . . . Stat. § 812.014? Flo & Eddie, 827 F.3d at 1025. We answer this question in the negative. . . . convincing evidence that he or she has been injured in any fashion by reason ,of any violation of [section 812.014 . . . Section 812.014, itself, is a criminal theft statute. . . .
. . . charged with grand theft of the iPad and adjudicated delinquent of first-degree petit theft under section 812.014 . . .
. . . appellant, Femi Adoye, appeals his dual convictions for grand theft, a third-degree felony under section 812.014 . . .
. . . 775.082(4)(a) (authorizing a term of imprisonment not exceeding one year for a first-degree misdemeanor); 812.014 . . .
. . . See § 812.014(1); M.D.S., 982 So.2d at 1284. . . .
. . . State, 101 So.3d 1283, 1286 (Fla. 4th DCA 2012) (citing § 812.014(2)(e), Fla. Stat. (2010)). . . .
. . . See § 812.014(c)l., Fla. Stat. . . .
. . . Case No. 14-22837 — Count 1: first degree grand theft, a first degree felony, in violation of sections 812.014 . . . Case No. 15-1546 — Count 1: third degree grand theft, a third degree felony, in violation of section 812.014 . . . Case No. 15-9420 — Count 1: third degree grand theft, a third degree felony, in violation of section 812.014 . . . numbers 14-22837 and 16-1546, the defendant was adjudicated guilty of both grand theft under section 812.014 . . .
. . . See §§ 775.082(3)(d), 812.014(2)(c)(6), Fla. Stat. (2005). . . .
. . . , in violation of section 810.02, Florida Statutes (2014), and grand theft, in violation of section 812.014 . . .
. . . Lenncy Jeudy appeals his conviction and prison sentence for grand theft of a firearm under section 812.014 . . . offense to grand theft in the third degree when the stolen property is, among other items, a firearm. § 812.014 . . .
. . . Under section 812.014(2)(c)l, Florida Statutes (2014), theft is grand theft in the third degree if the . . .
. . . Stat. (2013), one count of petit theft, see § 812.014, and one count of contracting without a license . . .
. . . possession of burglary tools, and grand theft of a motor vehicle under sections 810.02, 810.06, and 812.014 . . . See §§ 812.012, 812.014, Fla. Stat. (2013). . . .
. . . . § 812.014(1) (theft statute). . . .
. . . . § 812.014. . . .
. . . . § 812.014(1). . . . Stat. § 812.014? . . .
. . . aggregate market value of these items at the time of the theft was $300 or greater as required by section 812.014 . . . remand with instructions for the trial court to enter judgment and' sentence on this count under section 812.014 . . .
. . . However, we reasoned that the defendant was charged with grand theft on a construction site under section 812.014 . . .
. . . . § 812.014, Fla. Stat. (2014). . . .
. . . at a Target store and was charged with first-degree petty theft, in violation of Florida Statute § 812.014 . . .
. . . . §§ 812.012(10)(a)(l), 812.014(2)(c)(l), Fla. Stat. (2013). . . .
. . . . §§ 812.014(2), 895.03(4), . 895.04(1), 775.082(3)(b), Fla. Stat. (2009). . . .
. . . See § 812.014(l)(c)l, Fla. Stat. (2013). . . .
. . . Grand theft — second degree 812.014(2)(b) ■ 14.1 Grand theft — third degree 812.014(2)(c)l.,2.,3. 14.1 . . . Grand theft — third degree 812.014(2)(e)l.,2.,3. 14.1 Petit theft — first degree 812.014(2)(e) 14.1 Petit . . . Petit theft — first degree 812.014(2)(e) 14.1 Petit theft — second degree None 812.014(3)(a) 14.1 PETIT . . . Petit theft — first degree__ 812.014(3)(b)_14.1 Petit thefts — second degree 812.014(3)(a) 14.1 Comments . . . Grand theft — third degree 812.014(2)(c) ■ 14.1 Petit-theft — first degree - 812.014(2)(e) 14.1 Petit . . .
. . . The third sentence was for second-degree petit theft, third subsequent offense, contrary to sections 812.014 . . . received- in this case was for second-degree petit theft, third, subsequent offense, contrary to sections 812.014 . . . The second sentence in this case was for third-degree grand theft, contrary to sections 812.014(l)(a, . . . sentence in this case was for second-degree petit theft, third subsequent offense, contrary to sections 812.014 . . . The trial court next sentenced the petitioner for third-degree grand theft, contrary to sections 812.014 . . .
. . . . § 812.014(2)(c)l.~3., Fla. Stat. (2013). . . .
. . . The judgment lists the offense as “GRAND THEFT 3F” and correctly cites section 812.014(2)(c)(l), but . . . Coleman was charged with third-degree grand theft in violation of section 812.014(2)(c)(1), Florida Statutes . . .
. . . . § 812.014 (Count 2), and one count of tampering with a witness, in violation of Fla. . . .
. . . . § 812.014(2)(c), Fla. Stat. (2014). . . .
. . . .”); § 812.014(1), Fla. Stat. (2002). . . .
. . . . § 812.014(1)(a). See 8 U.S.C. § 1229b(b)(1)(C). . . .
. . . to Izquierdo via C & C Investment and $146,101.86 to Cosmopolitan Mortgage) in violation of sections 812.014 . . . Section 812.014(1), Florida Statutes (2006), provides: A person commits theft if he or she knowingly . . .
. . . . § 812.014(2)(c)(l), Fla. Stat. (2013). . . . See § 812.014(3); Carter, 77 So.3d at 852 (reversing Carter’s conviction for grand theft and remanding . . .
. . . . § 812.014(1), Fla. Stat. (2014). . . .
. . . Appellant was charged with two counts: (1) grand theft, in violation of sections 812.014(l)(a)-(b) and . . . 812.014(2)(a)l., Florida Statutes ■ (2007); and (2) a fraudulent security transaction, in violation . . . property to his or her own use or to the use of any person not entitled to the use of the property. § 812.014 . . . is valued at $100,000 or more, the theft becomes first-degree grand theft, a first-degree felony. § 812.014 . . . See § 812.014(2)(a)l., Fla. . . .
. . . . §§ 772.11, 812.014). . . .
. . . information alleged that between April 7 and April 10, 2013, Warren “did, in violation of Florida Statute 812.014 . . . Warren was actually charged with Felony Petit Theft, pursuant to section 812.014(3)(c), Florida Statutes . . .
. . . The State chose to charge Wiechert with grand theft under section 812.014(2)(c)(l), Florida Statutes . . . See § 812.014(3)(a). . . . To obtain Wiechert’s conviction under section 812.014(2)(e)(l), the State was required to prove beyond . . . items exceeded $100, much less that it exceeded the $300 necessary to obtain a conviction under section 812.014 . . . note that the State could have chosen to charge Wiechert with third-degree grand theft under section 812.014 . . .
. . . . § 812.014(1), Fla. Stat. . . . NO Petit theft — second degree ⅜ 812.014(3)(a) 14.1 Attempt 777.04(1) 5.1 Petit theft — first degree . . . ⅜ 812.014(2)(e) 14.1 Battery 784.03 8.3 Assault 784.011 8.1 Comments ⅜ § 812.015(6), Fla. . . .
. . . See § 812.014(3)(c), Fla. Stat. (2013). . . . See § 812.014(2)(c). Accordingly, we remand for correction of these’ errors. . . .
. . . . § 812.014.” United Technologies Corp. v. . . . Stat. § 812.014, provides in pertinent part: (1) A person commits theft if he or she knowingly obtains . . . Stat. § 812.014. . . .
. . . found that Datanet and CLEC acted with felonious intent to steal CRT’s property in violation of section 812.014 . . .
. . . See § 812.014(2)(d), Fla. Stat. (2012). . . . See 812.014(3)(a); G.B., 123 So.3d at 661. . . .
. . . State, 702 So.2d 559, 559-60 (Fla. 2d DCA 1997) (holding that the legislature amended section 812.014 . . . (2)(d), Florida Statutes, now renumbered as section 812.014(3)(c), in 1992 to omit habitual offender . . .
. . . Section 812.014(1 )(a), Florida Statutes (2004), defines theft, in pertinent part as follows: A person . . . [djeprive the other person of a right to the property or a benefit from the property. § 812.014(l)(a) . . . circumstances “when it can prove circumstantial evidence of felonious intent, as that term is used in section 812.014 . . .
. . . and traffics in only his own stolen goods is subject to theft and trafficking charges under sections 812.014 . . .
. . . State, 954 So.2d 74, 76 (Fla. 4th DCA 2007) (citing § 812.014(2)(c)l„ Fla. Stat. (2005)). . . .
. . . . § 812.014(l)(a), Fla. Stat. (2012). . . .
. . . Based on this incident, she was also convicted of felony petit theft under section 812.014, Florida Statutes . . .
. . . being used in violation of the Florida Comprehensive Drug Abuse Prevention Act and/or Theft statute 812.014 . . .
. . . defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section 812.014 . . . CANADY, J., dissents with an opinion. . § 812.014(1), (2)(c), Fla. . . .
. . . See, § 812.014(2)(e), Fla. Stat. (2012). . . . theft of retail merchandise is prosecuted pursuant to the general theft statute (sections 812.012 and 812.014 . . . See §§ 812.012(10(b); 812.014(3)(a), Fla. Stat. (2012). . . . .
. . . unemployment compensation fraud (section 443.071(1), Florida Statutes (2012)) and grand theft (section 812.014 . . .
. . . Legal Analysis Grand Theft of the Laptop (Count 2) In count 2, Tindal was charged under section 812.014 . . . In regards to section 812.014, Florida Statutes, the supreme court has determined that the statute constitutes . . . sentences for multiple theft offenses arising from the same criminal episode are permitted.Section 812.014 . . . See, e.g., § 812.014(2)(c)(5), Fla. Stat. (2003) (theft of a firearm); § 812.014(2)(c)(8), Fla. . . . Stat. (2003) (theft of a fire extinguisher); § 812.014(2)(c)(ll), Fla. . . .
. . . (Grim.) 15.4): 14.1 THEFT § 812.014, Fla. Stat. . . .
. . . . § 812.014. IV. . . .
. . . See §§ 810.02(3)(b), 812.014(2)(c)(1), Fla. Stat. (2012). . . .
. . . amounted to at least $100, a requisite for a finding of first-degree petit theft pursuant to section 812.014 . . . After a classmate’s necklace was stolen, M.K. was charged with third-degree grand theft, which section 812.014 . . .
. . . (in violation of section 817.034, Florida Statutes (2003)) and grand theft (in violation of section 812.014 . . .
. . . . § 812.014. . . .
. . . . § 812.014(2)(d), Fla. Stat. (2013). . . .
. . . property to said defendant’s own use or to the use of a person not entitled thereto, in violation of s. 812.014 . . .
. . . See § 812.014(2)(e)(l), Fla. Stat. (2010). . . . See § 812.014(2)(e) (value of $100 or more, but less than $300); see also Schultz v. . . .
. . . See § 812.014(2), Fla. Stat. (2011). . . .
. . . dealing in stolen property in violation of section 812.019(1); and grand theft in violation of section 812.014 . . .
. . . We, therefore, remand for entry of a judgment for petit theft pursuant to section 812.014(3)(a), Florida . . .
. . . anti-kickback statute, and insurance fraud statutes. (5) civil theft (Count 5), in violation of § 772.11 and § 812.014 . . .
. . . Appellant, J.B., was charged with petit theft of “fashion jewelry” from JCPenney, in violation of section 812.014 . . . of the necessary elements of the alleged crime”). .J.B. was charged with petit theft under sections 812.014 . . .