Florida Statute 812.0145 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.0145

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.

F.S. 812.0145 on Google Scholar

F.S. 812.0145 on Casetext

Amendments to 812.0145

Arrestable Offenses / Crimes under Fla. Stat. 812.0145

Level: Degree
Misdemeanor/Felony: First/Second/Third

S812.0145 2a - LARC - 50K DOLS MORE FROM 65 YOA OLDER - F: F

S812.0145 2b - LARC - 10K LESS 50K DOLS FROM 65 YOA OLDER - F: S

S812.0145 2c - LARC - 300 LESS 10K DOLS FROM 65 YOA OLDER - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 812.0145

Total Results: 9

SHAREE BAILEY v. ARVA COVINGTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-07T00:53:00-07:00

Snippet: the proceeds of the sale pursuant to section 812.0145(2)(b), Florida Statutes,2 seeking treble damages…this conclusion at the bench trial. 2 Section 812.0145(2)(b), Theft from persons 65 years of age or older

Snell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-09T00:00:00-07:00

Citation: 210 So. 3d 115, 2016 Fla. App. LEXIS 13529

Snippet: sixty-five years of age or older, see § 812.0145, Fla. Stat. (2013), one count of petit theft,

Ramsey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-06T00:00:00-08:00

Citation: 124 So. 3d 444, 2013 WL 5932261, 2013 Fla. App. LEXIS 17698

Snippet: conspiracy to commit theft of copper, see section 812.145(2), Florida Statutes (2011), after the trial court…not establish a prima facie violation of section 812.145(2). For the following reasons, we affirm the convictions… conspiracy to commit theft of copper, section 812.145(2), Florida Statutes (2011), reads: A person who…service, commits a felony of the first degree[.] § 812.145(2), Fla. Stat. (2011). To overcome Appellant’s …to establish a prima facie violation of section 812.145(2), the facts must demonstrate the taking of the

Rhodes v. O. Turner & Co., LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-17T00:00:00-07:00

Citation: 117 So. 3d 872, 2013 WL 3716943, 2013 Fla. App. LEXIS 11223

Snippet: no such document exist, [sic] 21. Pursuant to § 812.0145(2)(a), the Defendants have, with intent to deprive

Goldberg v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-23T00:00:00-08:00

Citation: 76 So. 3d 1072, 2011 Fla. App. LEXIS 20495, 2011 WL 6438868

Snippet: ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 812.0145(2)(c), Fla. Stat. (2009). 5D10-3450

Guarscio v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-10T00:00:00-07:00

Citation: 64 So. 3d 146, 2011 Fla. App. LEXIS 8440, 2011 WL 2279019

Snippet: $50,000, the crime is a second-degree felony. § 812.0145(2)(b). When the amount is $800 or more but less…$10,000, the crime is a third-degree felony. § 812.0145(2)(c). Guarscio was convicted of the second-degree…State proved a third-degree felony under section 812.0145(2)(c). On remand, the court shall reduce Guarscio

Migdal v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-05T00:00:00-08:00

Citation: 970 So. 2d 445, 2007 WL 4245410

Snippet: $10,000, which is a second-degree felony. See § 812.0145(2)(b), Fla. Stat. In the body of the information…which would indicate a third-degree felony. See § 812.0145(2)(c), Fla. Stat. However, rather than citing … subsection, the body of the information cited 812.0145(2)(b). Migdal entered an open plea of guilty to… latter being listed as a violation of section 812.0145(2)(b). At the sentencing hearing, the court expressed

Gruenwald v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-23T00:00:00-08:00

Citation: 899 So. 2d 1138, 2005 Fla. App. LEXIS 2002, 2005 WL 414838

Snippet: for an enhancement of the theft charges. Section 812.0145, Florida Statutes reclassifies the penalties for

Beckwith v. Webb's Fabulous Pharmacies, Inc.

Court: Fla. | Date Filed: 1979-05-31T00:53:00-07:00

Citation: 374 So. 2d 951

Snippet: creditors, tendering the purchase price of $1,812,145.77. The court appointed a receiver to determine