Florida Statute 812.035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.035

812.035 Civil remedies; limitation on civil and criminal actions.—

(1) Any circuit court may, after making due provisions for the rights of innocent persons, enjoin violations of the provisions of ss. 812.012-812.037 or s. 812.081 by issuing appropriate orders and judgments, including, but not limited to:

(a) Ordering any defendant to divest himself or herself of any interest in any enterprise, including real estate.

(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he or she was engaged in violation of the provisions of ss. 812.012-812.037 or s. 812.081.

(d) Ordering the suspension or revocation of any license, permit, or prior approval granted to any enterprise by any department or agency of the state.

(e) Ordering the forfeiture of the charter of a corporation organized under the laws of the state or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of ss. 812.012-812.037 or s. 812.081 and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.

(2) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 812.012-812.037 or s. 812.081 is subject to civil forfeiture to the state. The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, it shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons.

(3) Property subject to forfeiture under this section may be seized by a law enforcement officer upon court process. Seizure without process may be made if:

(a) The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant.

(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.

(c) The law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to the public health or safety.

(d) The law enforcement officer has probable cause to believe that the property is otherwise subject to forfeiture under this section.

(4) In the event of a seizure under subsection (3), a forfeiture proceeding shall be instituted promptly. When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer may:

(a) Place the property under seal.

(b) Remove the property to a place designated by the court.

(5) The Department of Legal Affairs, any state attorney, or any state agency having jurisdiction over conduct in violation of a provision of ss. 812.012-812.037 or s. 812.081 may institute civil proceedings under this section. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions, or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.

(6) Any aggrieved person may institute a proceeding under subsection (1). In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.

(7) The state, including any of its agencies, instrumentalities, subdivisions, or municipalities, if it proves by clear and convincing evidence that it has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 or s. 812.081, 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 shall also recover court costs and reasonable attorney’s fees in the trial and appellate courts. In no event shall punitive damages be awarded under this section. The defendant shall be entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim which was without substantial fact or legal support.

(8) A final judgment or decree rendered in favor of the state in any criminal proceeding under ss. 812.012-812.037 or s. 812.081 shall estop the defendant in any subsequent civil action or proceeding as to all matters as to which such judgment or decree would be an estoppel as between the parties.

(9) The Department of Legal Affairs may, upon timely application, intervene in any civil action or proceeding brought under subsection (6) or subsection (7) if he or she certifies that, in his or her opinion, the action or proceeding is of general public importance. In such action or proceeding, the state shall be entitled to the same relief as if the Department of Legal Affairs had instituted this action or proceeding.

(10) Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 or s. 812.081 may be commenced at any time within 5 years after the cause of action accrues; however, in a criminal proceeding under ss. 812.012-812.037 or s. 812.081, the period of limitation does not run during any time when the defendant is continuously absent from the state or is without a reasonably ascertainable place of abode or work within the state, but in no case shall this extend the period of limitation otherwise applicable by more than 1 year. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent, or restrain any violation of the provisions of ss. 812.012-812.037 or s. 812.081, the running of the period of limitations prescribed by this section with respect to any cause of action arising under subsection (6) or subsection (7) which is based in whole or in part upon any matter complained of in any such prosecution, action, or proceeding shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.

(11) The application of one civil remedy under any provision of ss. 812.012-812.037 or s. 812.081 shall not preclude the application of any other remedy, civil or criminal, under ss. 812.012-812.037 or s. 812.081 or any other section of the Florida Statutes.

History.—s. 12, ch. 77-342; s. 293, ch. 79-400; s. 1, ch. 84-304; s. 2, ch. 85-34; s. 4, ch. 86-277; s. 5, ch. 92-79; s. 1238, ch. 97-102; s. 4, ch. 2016-5.

F.S. 812.035 on Google Scholar

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Amendments to 812.035

Arrestable Offenses / Crimes under Fla. Stat. 812.035

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 812.035.

Annotations, Discussions, Cases:

Cases Citing Statute 812.035

Total Results: 20

CINDY STUART, CLERK AND COMPTROLLER FOR 13TH JUDICIAL CIRCUIT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-12-08

Snippet: 1163 (Fla. 3d DCA 1984) ("Although Section 812.035, Florida Statutes, the civil remedies section of

Brian Michael Robinson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-11-17

Citation: 205 So. 3d 584, 41 Fla. L. Weekly Supp. 541, 2016 Fla. LEXIS 2531

Snippet: grand theft statute of limitations under section 812.035(10), Florida Statutes (2000). 4 In so

State v. Soebhag

Court: District Court of Appeal of Florida | Date Filed: 2015-04-29

Citation: 163 So. 3d 672, 2015 Fla. App. LEXIS 6246, 2015 WL 1928798

Snippet: chapter 812, Florida Statutes (2000). Section 812.035(10) provided, in pertinent part, that “the period

State v. Fernandez

Court: District Court of Appeal of Florida | Date Filed: 2014-08-20

Citation: 145 So. 3d 215, 2014 Fla. App. LEXIS 12828, 2014 WL 4097731

Snippet: limitations is the five-year period specified in section 812.035(10), Florida Statutes (2012), rather than the three-year

Manzini v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-17

Citation: 115 So. 3d 1015, 2013 WL 1629157, 2013 Fla. App. LEXIS 6071

Snippet: five-year statute of limitations under section 812.035(10), Florida Statutes (2005). In his motion, Petitioner

Merritt v. OLMHP, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 112 So. 3d 559, 2013 WL 1442167, 2013 Fla. App. LEXIS 5737

Snippet: clear and convincing evidence. See §§ 772.011(1), 812.035(7); see also Shuler Bros., 590 So.2d at 988 (quoting

State v. Pelham

Court: District Court of Appeal of Florida | Date Filed: 2012-10-19

Citation: 99 So. 3d 599, 2012 Fla. App. LEXIS 18264, 2012 WL 5041712

Snippet: that does not interfere with sections 775.15 and 812.035, Florida Statutes (or, at least interferes as little

Fidelity Warranty Services, Inc. v. Firstate Insurance Holdings, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-10-03

Citation: 98 So. 3d 672, 2012 WL 4511329, 2012 Fla. App. LEXIS 16726

Snippet: substantial fact or legal support.” §§ 772.104(8), 812.035(7), Fla. Stat. The trial court found that the directed

State v. Perez

Court: District Court of Appeal of Florida | Date Filed: 2011-10-19

Citation: 72 So. 3d 306, 2011 Fla. App. LEXIS 16516, 2011 WL 4953424

Snippet: and August 31, 2000. A capias issued. Section 812.035(10), Florida Statutes (2000), is the statute of

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-06-16

Snippet: instrumentalities or by any of its political subdivisions); s. 812.035(7), Fla. Stat. ("state, including its agencies

State v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2010-01-27

Citation: 26 So. 3d 659, 2010 Fla. App. LEXIS 536, 2010 WL 289176

Snippet: 5 years after the cause of action accrues." § 812.035(10), Fla. Stat. (2003). Here, the grand theft "accrued"

Schuster v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-30

Citation: 21 So. 3d 117, 2009 Fla. App. LEXIS 16126

Snippet: subject to a five-year statute of limitations. See § 812.035(10), Fla. Stat. (2001). This specific statute of

Navarro v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-21

Citation: 19 So. 3d 1180, 2009 Fla. App. LEXIS 15822, 2009 WL 3364953

Snippet: five-year statute of limitations set forth in section 812.035(10) was applicable because it was more specific

McLaughlin v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-07-31

Citation: 15 So. 3d 872, 2009 Fla. App. LEXIS 10478, 2009 WL 2341641

Snippet: 15(2)(b), Fla. Stat. (1995). However, section 812.035(10), Florida Statutes (1995), provides that "[n]otwithstanding

State v. Suarez

Court: District Court of Appeal of Florida | Date Filed: 2009-05-13

Citation: 13 So. 3d 72, 2009 Fla. App. LEXIS 4460, 2009 WL 1311819

Snippet: 1336, 1337 (Fla.1987). Both sections 775.15 and 812.035, Florida Statutes (2001), provide for tolling of

Kidd v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-07-02

Citation: 985 So. 2d 1180, 2008 WL 2596658

Snippet: prosecute the charge for dealing in stolen property. § 812.035(10), Fla. Stat. Section 775.15(4), Florida Statutes

Stewart v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-06-27

Citation: 987 So. 2d 729, 2008 WL 2543459

Snippet: five year limitations period pursuant to section 812.035, Florida Statutes. [6] The informations identify

OCALA JOCKEY CLUB, LLC v. Rogers

Court: District Court of Appeal of Florida | Date Filed: 2008-05-16

Citation: 981 So. 2d 1245, 2008 WL 2064661

Snippet: authorized to award treble damages under Section 812.035(7), Florida Statutes (Supp. 1984). Instead, only

State v. Ramos

Court: District Court of Appeal of Florida | Date Filed: 2008-03-12

Citation: 975 So. 2d 638, 2008 WL 649059

Snippet: diligent in its efforts to serve the capias. Section 812.035(10), Florida Statutes (1995), is the statute of

State v. Paulk

Court: District Court of Appeal of Florida | Date Filed: 2007-01-10

Citation: 946 So. 2d 1230, 2007 Fla. App. LEXIS 208, 2007 WL 57553

Snippet: expired and the date prosecution commenced. Section 812.035(10), Florida Statutes (2000), established a five