Florida Statute 812.035 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

View Entire Chapter

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.

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Amendments to 812.035

Annotations, Discussions, Cases:

Cases Citing Statute 812.035

Total Results: 125

Senfeld v. Bank of Nova Scotia Trust Co.

450 So. 2d 1157, 1984 Fla. App. LEXIS 13078

District Court of Appeal of Florida | Filed: May 1, 1984 | Docket: 1433305

Cited 96 times | Published

Stat. (1983), the trial court, pursuant to Section 812.035(7), tripled the damages found by the jury and

G.M. Brod & Company, Inc., a Florida Corporation, Cross-Appellant v. U.S. Home Corporation, a Delaware Corporation, Cross-Appellee

759 F.2d 1526, 18 Fed. R. Serv. 100, 1985 U.S. App. LEXIS 29569

Court of Appeals for the Eleventh Circuit | Filed: May 10, 1985 | Docket: 508369

Cited 90 times | Published

for threefold the actual damages sustained. Section 812.035(7), Florida Statutes (1983). The imposition

Rosen v. Marlin

486 So. 2d 623, 11 Fla. L. Weekly 623

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 1406876

Cited 53 times | Published

contractual relationship between the parties. Section 812.035(7)[4] is clearly a departure from common *625

Barbe v. Villeneuve

505 So. 2d 1331, 12 Fla. L. Weekly 181

Supreme Court of Florida | Filed: Apr 16, 1987 | Docket: 1295443

Cited 46 times | Published

moved for a default judgment. Pursuant to section 812.035(7), Florida Statutes (1981), Barbe received

Sarkis v. Pafford Oil Co., Inc.

697 So. 2d 524, 1997 WL 193841

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1777091

Cited 40 times | Published

XXI), an action for civil theft pursuant to section 812.035, Florida Statutes, (Count XXII), and a violation

Futch v. Head

511 So. 2d 314, 12 Fla. L. Weekly 1271

District Court of Appeal of Florida | Filed: May 18, 1987 | Docket: 1338829

Cited 35 times | Published

trebling of such damages under the provisions of section 812.035(7), Florida Statutes (1985). Rosen v. Marlin

Arabian American Oil Company v. Scarfone

939 F.2d 1472, 23 Fed. R. Serv. 3d 659, 1991 U.S. App. LEXIS 20176

Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 1991 | Docket: 431220

Cited 29 times | Published

This provision was formerly codified at section 812.035(7), but is now codified at Fla.Stat.Ann. Sec

Johnson v. Keene (In Re Keene)

135 B.R. 162, 1991 Bankr. LEXIS 1909

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 20, 1991 | Docket: 1547759

Cited 26 times | Published

liable for civil theft under Florida Statutes § 812.035 and § 812.014, and thereby found the Defendants

Johnson v. Keene (In Re Keene)

135 B.R. 162, 1991 Bankr. LEXIS 1909

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 20, 1991 | Docket: 1547759

Cited 26 times | Published

liable for civil theft under Florida Statutes § 812.035 and § 812.014, and thereby found the Defendants

Mahfouz El Shahawy, M.D., Etc. v. William T. Harrison, Jr., Etc.

778 F.2d 636

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 1986 | Docket: 262967

Cited 25 times | Published

of a property right in violation of Fla.Stat. § 812.035(7) (Supp.1984). Count IX alleges tortious interference

Rolex Watch U.S.A., Inc. v. Canner

645 F. Supp. 484, 55 U.S.L.W. 2288, 1 U.S.P.Q. 2d (BNA) 1117, 1986 U.S. Dist. LEXIS 20946

District Court, S.D. Florida | Filed: Aug 29, 1986 | Docket: 988237

Cited 24 times | Published

Four raises a civil theft claim under Fla.Stat. § 812.035(7), for violation of Fla.Stat. § 812.014. Count

Finkelstein v. Southeast Bank, NA

490 So. 2d 976

District Court of Appeal of Florida | Filed: May 7, 1986 | Docket: 976346

Cited 20 times | Published

on Florida's Anti-Fencing Act, particularly Section 812.035(6), Florida Statutes (1983), and Florida's

Miami Herald Publishing Co. v. Ferre

636 F. Supp. 970, 1985 U.S. Dist. LEXIS 16784

District Court, S.D. Florida | Filed: Aug 15, 1985 | Docket: 1705256

Cited 20 times | Published

one, as it did under the criminal theft statute § 812.035, Florida Statutes. Judge Pearson's reasoning is

Advanced Surgical Technologies, Inc. v. Automated Instruments, Inc.

777 F.2d 1504, 1985 U.S. App. LEXIS 24945

Court of Appeals for the Eleventh Circuit | Filed: Dec 12, 1985 | Docket: 277556

Cited 18 times | Published

thereto. 5 Section 812.035(7) provides: 812

Plotch v. Gregory

463 So. 2d 432

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 448976

Cited 18 times | Published

also sought damages against the Halls under section 812.035(7), Florida Statutes (1984), on the theory

Warren v. MONAHAN BEACHES JEWELRY CTR

548 So. 2d 870, 1989 WL 106760

District Court of Appeal of Florida | Filed: Sep 13, 1989 | Docket: 1699216

Cited 17 times | Published

treble damages. At the time this case arose, Section 812.035(7), Florida Statutes (1985), provided: Any

Blue v. Weinstein

381 So. 2d 308

District Court of Appeal of Florida | Filed: Mar 18, 1980 | Docket: 1758144

Cited 17 times | Published

defendants and sought a civil remedy under Section 812.035, Florida Statutes (1979); count VII of the

Commodity Futures Trading Commission v. American Commodity Group Corp., Willa M. Ott

753 F.2d 862, 40 Fed. R. Serv. 2d 1231, 1984 U.S. App. LEXIS 16422

Court of Appeals for the Eleventh Circuit | Filed: Nov 28, 1984 | Docket: 598571

Cited 15 times | Published

the Florida civil theft statute, Fla.Stat.Ann. § 812.035(7) (West 1984), and therefore liable for treble

Commodity Futures Trading Commission v. American Commodity Group Corp., Willa M. Ott

753 F.2d 862, 40 Fed. R. Serv. 2d 1231, 1984 U.S. App. LEXIS 16422

Court of Appeals for the Eleventh Circuit | Filed: Nov 28, 1984 | Docket: 598571

Cited 15 times | Published

the Florida civil theft statute, Fla.Stat.Ann. § 812.035(7) (West 1984), and therefore liable for treble

Gambolati v. Sarkisian

622 So. 2d 47, 1993 WL 259100

District Court of Appeal of Florida | Filed: Jul 14, 1993 | Docket: 1269794

Cited 14 times | Published

is entitled to attorney's fees pursuant to section 812.035(7), Florida Statutes (1991), as the prevailing

TINWOOD NV v. Sun Banks, Inc.

570 So. 2d 955, 1990 Fla. App. LEXIS 8506, 1990 WL 170570

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 1349228

Cited 14 times | Published

difference. Civil theft is recognized under section 812.035, Florida Statutes (1985). Defendants, citing

City of Cars, Inc. v. Simms

526 So. 2d 119, 1988 WL 37851

District Court of Appeal of Florida | Filed: Apr 28, 1988 | Docket: 1272535

Cited 14 times | Published

fraud; count II, conversion (or civil theft under § 812.035(7), Florida Statutes (1985)); count III, unfair

McArthur Dairy, Inc. v. Original Kielbs, Inc.

481 So. 2d 535, 11 Fla. L. Weekly 156, 1986 Fla. App. LEXIS 5791

District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 1529367

Cited 14 times | Published

whether a trial court is authorized under Section 812.035(7), Florida Statutes (Supp. 1984), to enter

Official Committee of Unsecured Creditors v. Florida (In Re Tower Environmental, Inc.)

260 B.R. 213, 14 Fla. L. Weekly Fed. B 229, 1998 Bankr. LEXIS 1944, 1998 WL 1757108

United States Bankruptcy Court, M.D. Florida | Filed: Sep 9, 1998 | Docket: 1826078

Cited 13 times | Published

049,359.78. It further appears that Fla.Stat. § 812.035(1) empowers the State criminal court to restrict

Escudero v. Hasbun

689 So. 2d 1144, 1997 WL 78427

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 1739242

Cited 12 times | Published

pursuant to Florida's Civil Theft Statute, section 812.035(6), Florida Statutes (1995). Escudero and Hasbun

Russo v. HEIL CONST., INC.

549 So. 2d 676, 1989 WL 66156

District Court of Appeal of Florida | Filed: Sep 28, 1989 | Docket: 1373532

Cited 11 times | Published

trial court erred by dismissing their claim under § 812.035(7) Florida Statute (1985),[2] for the civil theft

Cutler v. Pelletier

507 So. 2d 676, 12 Fla. L. Weekly 1255

District Court of Appeal of Florida | Filed: May 13, 1987 | Docket: 2508534

Cited 11 times | Published

Richard Emerson, alleging civil theft under section 812.035, Florida Statutes (1981), wrongful eviction

Bakst v. Presley (In Re E.D. Presley Corp.)

44 B.R. 781, 1984 Bankr. LEXIS 4558

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 21, 1984 | Docket: 1819665

Cited 11 times | Published

treble damages and attorneys' fees under Fla.Stat. § 812.035(7), because 11 U.S.C. § 544(b) permits the trustee

STUART L. STEIN, PA v. Miller Industries, Inc.

564 So. 2d 539, 1990 Fla. App. LEXIS 4721, 1990 WL 91912

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 1294412

Cited 9 times | Published

commencement of the trial, the legislature amended section 812.035, which at the time this action began provided

Puchner v. Bache Halsey Stuart, Inc.

553 So. 2d 216, 1989 WL 133280

District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 976327

Cited 9 times | Published

Fla. Stat. (1987); and civil theft, five years § 812.035(10), Fla. Stat. (1987). [3] In the companion

Tourismart of America, Inc. v. Gonzalez

498 So. 2d 469, 11 Fla. L. Weekly 1890, 1986 Fla. App. LEXIS 9553

District Court of Appeal of Florida | Filed: Sep 2, 1986 | Docket: 1699899

Cited 9 times | Published

of section 832.05, Florida Statutes (1983). Section 812.035(7), Florida Statutes (1983), allows persons

Villeneuve v. Atlas Yacht Sales, Inc.

483 So. 2d 67, 11 Fla. L. Weekly 350

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 455785

Cited 9 times | Published

Statutes, and claiming treble damages pursuant to section 812.035, Florida Statutes. Final judgment in the amount

Getelman v. Levey

481 So. 2d 1236, 11 Fla. L. Weekly 119

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 1529387

Cited 9 times | Published

to include a claim for treble damages under section 812.035(7), Florida Statutes (Supp. 1984). The trial

Chaires v. North Florida Nat. Bank

432 So. 2d 183

District Court of Appeal of Florida | Filed: May 25, 1983 | Docket: 1264605

Cited 9 times | Published

action for treble damages for theft pursuant to Section 812.035(7), Fla. Stats. Count III purports to state

Roush v. State

413 So. 2d 15

Supreme Court of Florida | Filed: Apr 8, 1982 | Docket: 1344201

Cited 9 times | Published

(1972), and uphold the constitutionality of section 812.035, Florida Statutes (1977),[*] and approve the

Nova Flight Center, Inc. v. Viega

554 So. 2d 626, 1989 Fla. App. LEXIS 7321, 1989 WL 154973

District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 1693361

Cited 8 times | Published

such damages pursuant to the provisions of Section 812.035(7), Florida Statutes (Supp. 1984), that such

Computers Auditors & Scientists, Inc. v. Feldstein (In Re Feldstein)

93 B.R. 272, 1988 Bankr. LEXIS 1958, 1988 WL 125016

United States Bankruptcy Court, M.D. Florida | Filed: Nov 8, 1988 | Docket: 1834445

Cited 8 times | Published

for conversion, civil theft under Fla.Stat. § 812.035(7), foreclosure and interference with ability

Jayre Inc. v. WACHOVIA BANK & TR. CO.

420 So. 2d 937

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1306642

Cited 8 times | Published

refusal the defendants were guilty of a theft under § 812.035 Florida Statutes (1979). The complaint sought

Friedman v. LAUDERDALE MEDICAL EQUIP. SERVICE, INC.

591 So. 2d 328, 1992 WL 258

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 541397

Cited 7 times | Published

refusing to award him attorney's fees under section 812.035, Florida Statutes (1989). We reverse. *329

State v. Chacon

479 So. 2d 229, 10 Fla. L. Weekly 2661

District Court of Appeal of Florida | Filed: Dec 3, 1985 | Docket: 2463053

Cited 7 times | Published

recently held, the five-year statute under Section 812.035(10), Florida Statutes (1981), which is made

Wright v. TRW Credit Data

588 F. Supp. 112, 1984 U.S. Dist. LEXIS 14692

District Court, S.D. Florida | Filed: Jul 24, 1984 | Docket: 1267960

Cited 7 times | Published

15 U.S.C. § 1681 et seq., and Florida statute § 812.035(7) (1976). Beyond his conclusory allegations,

Snyder v. Bell

746 So. 2d 1096, 1999 WL 770781

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1715023

Cited 6 times | Published

prior version of the civil theft statute, then section 812.035, was remedial in nature); cf. Brunswick Corp

Aspen Investments Corp. v. Holzworth

587 So. 2d 1374, 1991 WL 193338

District Court of Appeal of Florida | Filed: Oct 2, 1991 | Docket: 1405927

Cited 6 times | Published

established by clear and convincing evidence. Section 812.035(7).[1] Here, the evidence, although conflicting

Rishell v. Davis (In Re Davis)

115 B.R. 346, 1990 Bankr. LEXIS 2972, 1990 WL 80867

United States Bankruptcy Court, N.D. Florida | Filed: Feb 7, 1990 | Docket: 1830433

Cited 6 times | Published

seeking treble damages pursuant to Fla.Stat. § 812.035(7). The court has been unable to locate Fla.Stat

Monco of Orlando v. ITT INDUS. CREDIT

458 So. 2d 332, 9 Fla. L. Weekly 2111, 1984 Fla. App. LEXIS 15326

District Court of Appeal of Florida | Filed: Oct 4, 1984 | Docket: 1452810

Cited 6 times | Published

entitled to any award of attorney's fees under section 812.035(7), and the motion for such fees is denied

Roger Rankin Enterprises, Inc. v. Green

433 So. 2d 1248, 1983 Fla. App. LEXIS 19689

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 1425684

Cited 6 times | Published

to do in respect to other crimes, see, e.g., § 812.035, Fla. Stat. (1981) (expressly providing civil

State v. Shamy

759 So. 2d 728, 2000 WL 668887

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1736341

Cited 5 times | Published

prosecution must be "commenced" within five years. § 812.035(10), Fla. Stat. (1989). Section 775.15(5), Florida

Gilman Yacht Sales v. First Nat. Bank

600 So. 2d 1131

District Court of Appeal of Florida | Filed: Feb 19, 1992 | Docket: 1527810

Cited 5 times | Published

fees and costs under the civil theft statute, section 812.035(7), but denied the motion based on the refusal

O'MALLEY v. Mounts

590 So. 2d 437, 1991 WL 181928

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1512672

Cited 5 times | Published

limitations for grand theft is five years. See § 812.035(10), Fla. Stat. (1987). The state did not bring

Int'l Medical Centers v. Sabates

498 So. 2d 1292, 11 Fla. L. Weekly 2349

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1699741

Cited 5 times | Published

arbitrators' consideration of Sabates's claim under section 812.035(7), Florida Statutes (1983), a part of the

Sunco Sales, Inc. v. Latch

58 B.R. 596, 1986 U.S. Dist. LEXIS 28700

District Court, S.D. Florida | Filed: Feb 28, 1986 | Docket: 1820570

Cited 5 times | Published

awarded treble damages pursuant to Fla.Stat.Ann. § 812.035(7). In addition, the jury awarded punitive damages

Mulle v. Scheiler

484 So. 2d 47, 11 Fla. L. Weekly 427

District Court of Appeal of Florida | Filed: Feb 13, 1986 | Docket: 2404253

Cited 5 times | Published

award of damages to appellee for civil theft, (section 812.035(7), Florida Statutes (1983)), however, cannot

American Intern. Realty v. Southeast First

468 So. 2d 383

District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 1401491

Cited 5 times | Published

damages against Brumlik for civil theft pursuant to § 812.035(7), Florida Statutes (1981).[1] The defendants

St. Johns Vein Ctr., Inc. v. StreamlineMD LLC

347 F. Supp. 3d 1047

District Court, M.D. Florida | Filed: Sep 28, 2018 | Docket: 64321683

Cited 4 times | Published

fees, SJVC "acknowledges that a violation of section 812.035(1) does not provide for an award of attorneys'

Kidd v. State

985 So. 2d 1180, 2008 WL 2596658

District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 1253506

Cited 4 times | Published

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

SABTC Townhouse Ass'n, Inc. v. Schmitz

565 So. 2d 827, 1990 Fla. App. LEXIS 5677, 1990 WL 108835

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1725976

Cited 4 times | Published

the award may be sustained on the basis of section 812.035(7), Florida Statutes (1987),[1] the civil theft

Arabian American Oil Co. v. Scarfone

713 F. Supp. 1420, 1989 U.S. Dist. LEXIS 6148, 1989 WL 59098

District Court, M.D. Florida | Filed: May 19, 1989 | Docket: 1619945

Cited 4 times | Published

and the Florida civil theft statute, Fla.Stat. § 812.035. These claims arose out of ALSA's collection from

Banco Indus. De Venezuela, CA v. Mederos Suarez

541 So. 2d 1324, 1989 WL 36170

District Court of Appeal of Florida | Filed: Apr 18, 1989 | Docket: 470681

Cited 4 times | Published

State, 413 So.2d 15 (Fla. 1982) (applying section 812.035(1), Florida Statutes (1977), which is identical

St. John v. Kuper

489 So. 2d 833, 11 Fla. L. Weekly 1270

District Court of Appeal of Florida | Filed: Jun 3, 1986 | Docket: 2586818

Cited 4 times | Published

order to support this civil theft action under section 812.035(7), Florida Statutes (1983). See American International

State v. Bare

473 So. 2d 799, 10 Fla. L. Weekly 1903

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 451489

Cited 4 times | Published

third-degree felony. The state argues, however, that section 812.035, Florida Statutes (1983), supersedes this statute

State v. Perez

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

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 2353370

Cited 3 times | Published

May 1 and August 31, 2000. A capias issued. Section 812.035(10), Florida Statutes (2000), is the statute

OCALA JOCKEY CLUB, LLC v. Rogers

981 So. 2d 1245, 2008 WL 2064661

District Court of Appeal of Florida | Filed: May 16, 2008 | Docket: 2105196

Cited 3 times | Published

not authorized to award treble damages under Section 812.035(7), Florida Statutes (Supp. 1984). Instead

State v. Diaz

814 So. 2d 466, 2002 WL 215864

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1368705

Cited 3 times | Published

statute of limitations *467 for grand theft. See § 812.035(10), Fla. Stat. (1995). The State was permitted

State v. Hampton

692 So. 2d 278, 1997 WL 199368

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 1524644

Cited 3 times | Published

more specific statute of limitations found in section 812.035(10), which provides: Notwithstanding any other

Greenberg v. Grossman

683 So. 2d 156, 1996 WL 625618

District Court of Appeal of Florida | Filed: Oct 30, 1996 | Docket: 1514975

Cited 3 times | Published

and the $72,000 trebled civil theft award. See § 812.035(7), Fla. Stat. (1995). Greenberg concedes that

Korman v. Iglesias

825 F. Supp. 1010, 1993 U.S. Dist. LEXIS 21584, 1993 WL 237608

District Court, S.D. Florida | Filed: Jun 23, 1993 | Docket: 876052

Cited 3 times | Published

had committed civil theft, the court construed § 812.035(10), Florida Statutes (1985), a predecessor to

State v. Guthrie

567 So. 2d 544, 1990 WL 145591

District Court of Appeal of Florida | Filed: Oct 3, 1990 | Docket: 1721549

Cited 3 times | Published

the five-year statute of limitations for theft. § 812.035(10), Fla. Stat. (1983). The information charged

Escandar v. Southern Mgmt. & Inv. Corp.

534 So. 2d 1203, 1988 WL 123803

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 1295638

Cited 3 times | Published

conversion, and treble damages pursuant to Section 812.035(7), Florida Statutes (1985). Subsequently,

Capital Partners Inv. Co. v. AM. INV GROUP, INC.

500 So. 2d 249, 11 Fla. L. Weekly 2589

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 1689382

Cited 3 times | Published

any of its property. The statute involved is Section 812.035(7), Florida Statutes (1983) pursuant to *250

ZAKI KULAIBEE ESTABLISHMENT v. McFLICKER

788 F. Supp. 2d 1363, 2011 WL 1599631, 2011 U.S. Dist. LEXIS 44177

District Court, S.D. Florida | Filed: Apr 25, 2011 | Docket: 2008839

Cited 2 times | Published

temporary and permanent injunction under Fla. Stat. 812.035(1) (Count VII), conversion (Count VIII),

Schuster v. State

21 So. 3d 117, 2009 Fla. App. LEXIS 16126, 34 Fla. L. Weekly Fed. D 2230

District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 1655637

Cited 2 times | Published

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

State v. Ramos

975 So. 2d 638, 2008 WL 649059

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1421831

Cited 2 times | Published

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

Williams v. State

913 So. 2d 760, 2005 WL 2990194

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1331559

Cited 2 times | Published

felony, must be commenced within five years. § 812.035(10), Fla. Stat. (1998). A prosecution is commenced

State v. Telesz

873 So. 2d 1236, 2004 WL 1074014

District Court of Appeal of Florida | Filed: May 14, 2004 | Docket: 1732907

Cited 2 times | Published

two years after it is committed. However, section 812.035(10), Florida Statutes (1997), provides that

Furst v. Blackman

744 So. 2d 1222, 1999 WL 1016306

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1721419

Cited 2 times | Published

10) failure to state a cause of action under section 812.035, Florida Statutes (1997), pertaining to civil

Fraser v. SECURITY AND INV. CORP.

615 So. 2d 841, 1993 WL 74294

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 1658799

Cited 2 times | Published

established by clear and convincing evidence. Section 812.035(7). Here, the evidence, although conflicting

Del Conte Contracting, Inc. v. Kerner (In Re Kerner)

99 B.R. 484, 1989 Bankr. LEXIS 668

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 20, 1989 | Docket: 1858002

Cited 2 times | Published

to Florida's Omnibus Theft Statute, Fla.Stat. § 812.035(1), and charges that the debtor's conduct "constitute[s]

Rosenthal Toyota, Inc. v. Thorpe

824 F.2d 897

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 1987 | Docket: 66227863

Cited 2 times | Published

compensatory damage award pursuant to Fla.Stat. § 812.035(7), the court refused also to award punitive damages

Preferred Title Ser. v. Seven Seas Resort

458 So. 2d 884, 9 Fla. L. Weekly 2400, 1984 Fla. App. LEXIS 16545

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1452360

Cited 2 times | Published

time-share units." Count five is an action under section 812.035, Florida Statutes, for triple damages, punitive

Brian Michael Robinson v. State of Florida

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

Supreme Court of Florida | Filed: Nov 17, 2016 | Docket: 4539953

Cited 1 times | Published

five-year grand theft statute of limitations under section 812.035(10), Florida Statutes (2000). 4

State v. Soebhag

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

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653251

Cited 1 times | Published

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

Manzini v. State

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

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60232046

Cited 1 times | Published

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

Navarro v. State

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

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 1801303

Cited 1 times | Published

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

McLaughlin v. State

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

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 1660379

Cited 1 times | Published

775.15(2)(b), Fla. Stat. (1995). However, section 812.035(10), Florida Statutes (1995), provides that

Southern Farm Bureau Life Ins. Co. v. Hoover

833 So. 2d 261, 2002 WL 31870191

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1259013

Cited 1 times | Published

Statutes (2001), and the defendant, pursuant to Section 812.035(7), Florida Statutes (2001). As to the opposing

Aagaard-Juergensen, Inc. v. Lettelier

579 So. 2d 404, 1991 Fla. App. LEXIS 4731, 1991 WL 83752

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 1432640

Cited 1 times | Published

A/J in violation of section 812.035 of the Florida Statutes (1985).[2] Section 812.035 provides: 812.035

Miller v. WALLACE INTERN. TRUCKS, INC.

532 So. 2d 1276, 13 Fla. L. Weekly 2299, 1988 Fla. App. LEXIS 4908, 1988 WL 115839

District Court of Appeal of Florida | Filed: Oct 5, 1988 | Docket: 1510278

Cited 1 times | Published

treble damages under the civil theft statute, section 812.035(7), Florida Statutes (1987). We answer both

McDermott v. City of Clearwater

526 So. 2d 121, 1988 WL 42222

District Court of Appeal of Florida | Filed: May 4, 1988 | Docket: 1679738

Cited 1 times | Published

civil theft (count II) against the city under section 812.035(7), Florida Statutes (1987). Springer v. Florida

John v. Blackstock

664 F. Supp. 1426, 1987 U.S. Dist. LEXIS 6826

District Court, M.D. Florida | Filed: Jul 29, 1987 | Docket: 994998

Cited 1 times | Published

breach of contract, negligence, violation of Section 812.035(7), Florida Statutes, and common law fraud

Doctors Associates, Inc. v. McCrory

501 So. 2d 126, 12 Fla. L. Weekly 321

District Court of Appeal of Florida | Filed: Jan 21, 1987 | Docket: 692156

Cited 1 times | Published

constitute a violation of the civil theft statute, section 812.035, Florida Statutes (1983). Since the parties'

Merrill Lynch, Pierce Fenner & Smith, Inc. v. McLellan (In re McLellan)

49 B.R. 740, 1985 Bankr. LEXIS 6259

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 24, 1985 | Docket: 65778903

Cited 1 times | Published

treble damages under Fla.Stat. § 812.014 and § 812.035(7), which provide a civil remedy for theft. Neither

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

District Court of Appeal of Florida | Filed: Dec 8, 2023 | Docket: 68072919

Published

1157, 1163 (Fla. 3d DCA 1984) ("Although Section 812.035, Florida Statutes, the civil remedies section

State v. Fernandez

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

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119682

Published

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

State v. Pelham

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

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60313115

Published

of a conveyance to file criminal charges. Section 812.035(10) allows five years within which the state

State v. Thomas

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

District Court of Appeal of Florida | Filed: Jan 27, 2010 | Docket: 357230

Published

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

Stewart v. State

987 So. 2d 729, 2008 WL 2543459

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 1393540

Published

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

State v. Paulk

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

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 64848627

Published

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

Pontius v. State

932 So. 2d 618, 2006 WL 1816248

District Court of Appeal of Florida | Filed: Jul 5, 2006 | Docket: 1285817

Published

the 5-year statute of limitations had expired. § 812.035(10), Fla. Stat. (2005). He added that he has been

Nooe v. State

930 So. 2d 579, 31 Fla. L. Weekly Supp. 269, 2006 Fla. LEXIS 767, 31 Fla. L. Weekly Fed. S 269

Supreme Court of Florida | Filed: May 4, 2006 | Docket: 64845178

Published

of the statute of limitations pursuant to section 812.035(10), Florida Statutes (1995), and the present

State v. Townsend

884 So. 2d 525, 2004 Fla. App. LEXIS 14977, 2004 WL 2289664

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 64833589

Published

five-year statute of limitations set forth in section 812.035(10), Florida Statutes (1997), was the controlling

Abdullah v. State

883 So. 2d 843, 2004 Fla. App. LEXIS 11795, 2004 WL 1799753

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64833108

Published

or two year period cited by the parties. See § 812.035(10), Fla. Stat. (1993); State v. Telesz, 873 So

State v. McCubbins

817 So. 2d 966, 2002 Fla. App. LEXIS 7399, 2002 WL 1058364

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 64815512

Published

of limitations for grand theft is five years. § 812.035(10), Fla. Stat. (1993). .Under section 775.15(6)

Williams v. State

707 So. 2d 897, 1998 Fla. App. LEXIS 2136, 1998 WL 95314

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 64779709

Published

for grand theft be commenced within five years. § 812.035(10), Fla. Stat. (1989) (“a criminal proceeding

Arnold v. State

689 So. 2d 1234, 1997 Fla. App. LEXIS 2406, 1997 WL 114928

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 64771821

Published

barred by the applicable statute of limitation, section 812.035(10), Florida Statutes (1989) because, due to

Losada v. Humana Medical Plan, Inc.

659 So. 2d 367, 1995 Fla. App. LEXIS 6935, 1995 WL 380121

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 64758337

Published

without substantial fact or legal support.” Id. § 812.035(7).* However, on the merits the statutory standard

Losada v. Humana Medical Plan, Inc.

659 So. 2d 367, 1995 Fla. App. LEXIS 6935, 1995 WL 380121

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 64758337

Published

without substantial fact or legal support.” Id. § 812.035(7).* However, on the merits the statutory standard

Salter v. State

651 So. 2d 1228, 1995 Fla. App. LEXIS 2076, 1995 WL 85231

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 64755030

Published

He further argues the tolling provision of section 812.035(10), Florida Statutes (1993), is not applicable

Arabian American Oil Co. v. Scarfone

939 F.2d 1472, 1991 WL 154275

Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 1991 | Docket: 66265468

Published

damages. This provision was formerly codified at section 812.035(7), but is now codified at Fla.Stat.Ann. §

Hartline Real Estate, Inc. v. Venture Out at Cudjoe Cay, Inc.

573 So. 2d 1069, 1991 Fla. App. LEXIS 1003, 1991 WL 15587

District Court of Appeal of Florida | Filed: Feb 12, 1991 | Docket: 64656108

Published

PER CURIAM. Affirmed. See Fla.R.Civ.P. § 812.035(6), Fla.Stat. (1989). 1.221;

Tobin & Thomson, P.A. v. Golan

568 So. 2d 100, 1990 Fla. App. LEXIS 8011, 1990 WL 154848

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 64653759

Published

dissolution of the defendant corporation pursuant to section 812.035, Florida Statutes (1989), which provides civil

Association Financial Services, Inc. v. Lewis

551 So. 2d 590, 14 Fla. L. Weekly 2543, 1989 Fla. App. LEXIS 6104, 1989 WL 129782

District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 64645928

Published

award of attorney’s fees was based solely on section 812.035(7), Florida Statutes, a part of the civil theft

Spiwak v. General Real Estate Ltd.

546 So. 2d 81, 14 Fla. L. Weekly 1631, 1989 Fla. App. LEXIS 3729, 1989 WL 73157

District Court of Appeal of Florida | Filed: Jul 5, 1989 | Docket: 64643585

Published

plaintiff General Real Estate Limited under Section 812.035(7), Florida Statutes (1985). Although we agree

Pelletier v. Cutler

543 So. 2d 406, 14 Fla. L. Weekly 1209, 1989 Fla. App. LEXIS 2629, 1989 WL 50259

District Court of Appeal of Florida | Filed: May 17, 1989 | Docket: 64642603

Published

amended version of the civil theft statute, section 812.035(7), Florida Statutes (Supp.1984). The award

State v. Medley

516 So. 2d 1151, 13 Fla. L. Weekly 112, 1987 Fla. App. LEXIS 11769, 1987 WL 3395

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 64631560

Published

has a five-year statute of limitations under section 812.035(10). Appellee waived arraignment and pled not

Ass'n Financial Services, Inc. v. Lewis

519 So. 2d 26, 12 Fla. L. Weekly 2740, 1987 Fla. App. LEXIS 11290, 1987 WL 2024

District Court of Appeal of Florida | Filed: Dec 3, 1987 | Docket: 64632169

Published

trial court trebled these damages pursuant to section 812.035(7), Florida Statutes (Florida’s Civil Theft

Epic Realty Services, Inc. v. Turner (In re Turner)

81 B.R. 134, 1987 Bankr. LEXIS 1967

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 2, 1987 | Docket: 65779503

Published

Count II and prayed for treble damages under § 812.035(7), Florida Statutes. Plaintiff was entitled to

Brown v. State

510 So. 2d 361, 12 Fla. L. Weekly 1818, 1987 Fla. App. LEXIS 9505

District Court of Appeal of Florida | Filed: Jul 28, 1987 | Docket: 64628575

Published

five year statute of limitations pursuant to section 812.035(10), Florida Statutes (1985), and that the

Weinberg v. Kafir Investments, Ltd.

509 So. 2d 988, 1987 Fla. App. LEXIS 9377

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 64628362

Published

DCA), cause dismissed, 453 So.2d 44 (Fla.1984); § 812.035(7), Fla.Stat. (Supp.1984).

Bedell v. Marshall

508 So. 2d 574, 12 Fla. L. Weekly 1549, 1987 Fla. App. LEXIS 9004

District Court of Appeal of Florida | Filed: Jun 24, 1987 | Docket: 64627887

Published

count in the complaint, we also note that section 812.035(7), Florida Statutes, has been amended. Since

Franklin v. State

505 So. 2d 1118, 12 Fla. L. Weekly 1102, 1987 Fla. App. LEXIS 7883

District Court of Appeal of Florida | Filed: Apr 24, 1987 | Docket: 64626548

Published

this case is controlled by application of section 812.035(10), Florida Statutes (1985), which provides

Bernier v. Broward Marine, Inc.

504 So. 2d 1379, 12 Fla. L. Weekly 967, 1987 Fla. App. LEXIS 7634

District Court of Appeal of Florida | Filed: Apr 8, 1987 | Docket: 64626221

Published

amend the complaint to include a claim under section 812.035, Florida Statutes, for treble damages. We conclude

Getelman v. Levey

481 So. 2d 1236, 11 Fla. L. Weekly 119, 1985 Fla. App. LEXIS 6008

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 64616852

Published

to include a claim for treble damages under section 812.035(7), Florida Statutes (Supp.1984). The trial

Advanced Surgical Technologies, Inc. v. Automated Instruments, Inc.

777 F.2d 1504

Court of Appeals for the Eleventh Circuit | Filed: Dec 12, 1985 | Docket: 66212115

Published

and trebling of damages pursuant to Fla.Stat. § 812.035(7) (Supp.1984). We hold that the statutory scheme

Alvarez v. Striegel

471 So. 2d 1356, 10 Fla. L. Weekly 1632, 1985 Fla. App. LEXIS 14880

District Court of Appeal of Florida | Filed: Jul 2, 1985 | Docket: 64612876

Published

failing to control their minor children; and (3) section 812.035(7), Florida Statutes (1988), which provides

Aaronson v. Kemper

434 So. 2d 17, 1983 Fla. App. LEXIS 20860

District Court of Appeal of Florida | Filed: Jun 28, 1983 | Docket: 64598095

Published

on other grounds, 290 So.2d 20 (Fla.1974); Section 812.035(7), (11), Florida Statutes (1981). Affirmed