812.0145

Theft from persons 65 years of age or older; reclassification of offenses.

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812.0145 Theft from persons 65 years of age or older; reclassification of offenses.—

(1) A person who is convicted of theft of more than $1,000 from a person 65 years of age or older shall be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

(2) Whenever a person is charged with committing theft from a person 65 years of age or older, when he or she knows or has reason to believe that the victim was 65 years of age or older, the offense for which the person is charged shall be reclassified as follows:

(a) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $300 or more, but less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 2002-162.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2005–2021 · leading case: Migdal v. State

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Migdal v. State (2007) fladistctapp · cites it 5× “See § 812.0145(2)(b), Fla. Stat. In the body of the information, however, the state alleged that he had taken an amount of 0 or more, an amount which would indicate a third-degree felony.”

Goldberg v. State (2011) fladistctapp · cites it 2× “…to a nonstate prison sanction. REVERSED and REMANDED for re-sentencing. ORFINGER, C.J. and SAWAYA, J., concur. 1 . § 812.0145(2)(c), Fla. Stat. (2009).”

Guarscio v. State (2011) fladistctapp · cites it 3× “§ 812.0145(2)(b). When the amount is 0 or more but less than ,000, the crime is a third-degree felony.”

Rhodes v. O. Turner & Co., LLC (2013) fladistctapp “Pursuant to § 812.0145(2)(a), the Defendants have, with intent to deprive the Plaintiff of same, stolen assets valued in excess of ,000.”

Gruenwald v. State (2005) fladistctapp · cites it 2× “Section 812.0145, Florida Statutes reclassifies the penalties for theft if the victim is over the age of 65, but, as the state concedes, this statute does not apply in the present case because it took effect after the date of the defendant’s offenses.”

SHAREE BAILEY v. ARVA COVINGTON (2021) fladistctapp · cites it 3× “Covington asserted three counts: Count I, civil theft of the proceeds of the sale pursuant to section 812.0145(2)(b), Florida Statutes,2 seeking treble damages pursuant to section 771.”

Snell v. State (2016) fladistctapp · cites it 2× “61, two counts of theft from a person sixty-five years of age or older, see § 812.0145, Fla. Stat. (2013), one count of petit theft, see § 812.”

Bahrakis v. Zimmerman (2020) flmd · cites it 2× “014 and § 812.0145, which prohibit theft of property from a person over 65 years old.”

— 812.0145(2)(a) — 1 case

Rhodes v. O. Turner & Co., LLC (2013) fladistctapp “Pursuant to § 812.0145(2)(a), the Defendants have, with intent to deprive the Plaintiff of same, stolen assets valued in excess of ,000.”

— 812.0145(2)(b) — 3 cases

Migdal v. State (2007) fladistctapp “See § 812.0145(2)(b), Fla. Stat. In the body of the information, however, the state alleged that he had taken an amount of 0 or more, an amount which would indicate a third-degree felony.”

Guarscio v. State (2011) fladistctapp “§ 812.0145(2)(b). When the amount is 0 or more but less than ,000, the crime is a third-degree felony.”

SHAREE BAILEY v. ARVA COVINGTON (2021) fladistctapp “Covington asserted three counts: Count I, civil theft of the proceeds of the sale pursuant to section 812.0145(2)(b), Florida Statutes,2 seeking treble damages pursuant to section 771.”

— 812.0145(2)(c) — 3 cases

Goldberg v. State (2011) fladistctapp “…to a nonstate prison sanction. REVERSED and REMANDED for re-sentencing. ORFINGER, C.J. and SAWAYA, J., concur. 1 . § 812.0145(2)(c), Fla. Stat. (2009).”

Guarscio v. State (2011) fladistctapp “§ 812.0145(2)(b). When the amount is 0 or more but less than ,000, the crime is a third-degree felony.”

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