Florida Statutes

Fla. Stat. § 812.0145 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 812.0145

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§812.0145(2a)LARCTHEFT ,000+ FROM PERSON 65 YOA OR OLDERF · 1st

§812.0145(2b)LARCTHEFT ,000 TO ,000 FROM PERSON 65+ YOAF · 2nd

§812.0145(2c)LARCTHEFT 0 TO ,000 FROM PERSON 65+ YOAF · 3rd

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2005–2021 · leading case: Migdal v. State, 970 So. 2d 445 (Fla. 4th DCA 2007).

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Migdal v. State, 970 So. 2d 445 (Fla. 4th DCA 2007). · 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, 76 So. 3d 1072 (Fla. 5th DCA 2011). · 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, 64 So. 3d 146 (Fla. 2d DCA 2011). · 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, 117 So. 3d 872 (Fla. 4th DCA 2013). “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, 899 So. 2d 1138 (Fla. 1st DCA 2005). · 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 (Fla. 3d DCA 2021). · 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, 210 So. 3d 115 (Fla. 2d DCA 2016). · 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 (M.D. Fla. 2020). · 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

— 812.0145(2)(b) — 3 cases

Migdal v. State, 970 So. 2d 445 (Fla. 4th DCA 2007). “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, 64 So. 3d 146 (Fla. 2d DCA 2011). “§ 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 (Fla. 3d DCA 2021). “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, 76 So. 3d 1072 (Fla. 5th DCA 2011). “…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, 64 So. 3d 146 (Fla. 2d DCA 2011). “§ 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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