Florida Statute 812.145 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 812.0145

Annotations, Discussions, Cases:

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

Cases Citing Statute 812.0145

Total Results: 8

Migdal v. State

970 So. 2d 445, 2007 WL 4245410

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1324699

Cited 5 times | Published

$10,000, which is a second-degree felony. See § 812.0145(2)(b), Fla. Stat. In the body of the information

Goldberg v. State

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

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 688394

Cited 2 times | Published

ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 812.0145(2)(c), Fla. Stat. (2009).

Rhodes v. O. Turner & Co., LLC

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

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60232829

Cited 1 times | Published

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

SHAREE BAILEY v. ARVA COVINGTON

District Court of Appeal of Florida | Filed: Apr 7, 2021 | Docket: 59800737

Published

theft of the proceeds of the sale pursuant to section 812.0145(2)(b), Florida Statutes,2 seeking treble

Snell v. State

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

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4422978

Published

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

Ramsey v. State

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

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60235508

Published

conspiracy to commit theft of copper, see section 812.145(2), Florida Statutes (2011), after the trial

Guarscio v. State

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

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 60301378

Published

$50,000, the crime is a second-degree felony. § 812.0145(2)(b). When the amount is $800 or more but less

Gruenwald v. State

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

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64837819

Published

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