The 2024 Florida Statutes
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. . . Defendants and CVDJBA) stole SJVC's trade secrets in violation of Florida Statutes sections 812.081 and 812.035 . . . response to CVDJBA's contention regarding attorney's fees, SJVC "acknowledges that a violation of section 812.035 . . .
. . . absence from the state did not toll the five-year grand theft statute of limitations under section 812.035 . . . bootstrap the general provisions of section 775.15(5)(b) and (6) onto the specific provisions of section 812.035 . . . that it supersedes or adds to the specific limitation provisions for grand theft provided in section 812.035 . . . concluded that even if the tolling provisions of section 775.15 could be bootstrapped onto section 812.035 . . . be distinguishable because the statute of limitations primarily being construed in Perez was section 812.035 . . .
. . . Section 812.035(10) provided, in pertinent part, that “the period of limitation does not run during any . . . Stat. (1999), with § 812.035(10), Fla. Stat. (2000). . . . control over general ones, we held that subsections (5) and (6) of section 775.15 must “yield to section 812.035 . . .
. . . properly conceded that the applicable statute of limitations is the five-year period specified in section 812.035 . . .
. . . sought dismissal of the charge against him based on the five-year statute of limitations under section 812.035 . . .
. . . See §§ 772.011(1), 812.035(7); see also Shuler Bros., 590 So.2d at 988 (quoting Slomowitz v. . . .
. . . naturally steers us toward an interpretation of rule 3.191 that does not interfere with sections 775.15 and 812.035 . . . Section 812.035(10) allows five years within which the state must file most theft charges. . . .
. . . .” §§ 772.104(8), 812.035(7), Fla. Stat. . . .
. . . Section 812.035(10), Florida Statutes (2000), is the statute of limitations for theft. State v. . . . Section 812.035(10) provides a five-year limitations period. . . . . § 812.035(10). Here, the limitations period began to run on September 1, 2000. . . . See § 812.035(10); Brown, 674 So.2d at 741 n. 2. At the hearing on her motion to dismiss, Ms. . . . Perez conceded that the State was entitled to a six-year limitations period allowed by section 812.035 . . .
. . . Stat. 812.035(1) (Count VII), conversion (Count VIII), and violation of the Uniform Fraudulent Transfers . . .
. . . .” § 812.035(10), Fla. Stat. (2003). . . .
. . . See § 812.035(10), Fla. Stat. (2001). . . .
. . . In response, the State argued that the five-year statute of limitations set forth in section 812.035( . . . Section 812.035(10) provides that “a criminal ... action or proceeding under ss. 812.012-812.037 or s . . . the State’s proper confession of error, we find that the five-year statute of limitations in section 812.035 . . . Even though the language of section 812.035(10) encompasses the substantive offenses of dealing in stolen . . .
. . . However, section 812.035(10), Florida Statutes (1995), provides that “[n]otwithstanding any other provision . . . Section 812.035(10) provides that, for the grand theft charge, the defendant’s absence from the state . . .
. . . Both sections 775.15 and 812.035, Florida Statutes (2001), provide for tolling of the statutory time . . . See §§ 775.15, 812.035(10). . . .
. . . section 812.014, Florida Statutes, are subject to a five year limitations period pursuant to section 812.035 . . .
. . . DCA 1986) (“[T]he law is clear that a jury is not authorized to award treble damages under Section 812.035 . . .
. . . Section 812.035(10), Florida Statutes (1995), is the statute of limitations applicable to a charge of . . .
. . . Section 812.035(10), Florida Statutes (2000), established a five year limitations period for grand theft . . . Notwithstanding the clear direction of section 812.035(10), Paulk’s counsel argued to the trial court . . . Under section 812.035(10), the statute of limitations was tolled for one year, based on Paulk’s New Jersey . . .
. . . . § 812.035(10), Fla. Stat. (2005). . . .
. . . 466 (Fla. 3d DCA 2002), was decided on the issue of the statute of limitations pursuant to section 812.035 . . .
. . . . § 812.035(10), Fla. Stat. (1998). . . .
. . . In Telesz, we held that the five-year statute of limitations set forth in section 812.035(10), Florida . . .
. . . See § 812.035(10), Fla. Stat. (1993); State v. Telesz, 873 So.2d 1236 (Fla. 2d DCA 2004). . . .
. . . civil theft and civil RICO are barred by the five-year statute of limitations, according to sections 812.035 . . .
. . . However, section 812.035(10), Florida Statutes (1997), provides that, “[notwithstanding any other provision . . . (Fla. 2d DCA 1987), this court determined that the offense of grand theft is controlled by section 812.035 . . . Guthrie, 567 So.2d 544, 545 (Fla. 2d DCA 1990), this court noted that section 812.035(10) specifically . . . Several other district courts have held that section 812.035 takes precedent over section 775.15 in grand . . . We note that there is no language in section 812.035(10) or section 775.15 which would suggest that the . . .
. . . . §§ 775.15(2)(a), 812.035(10), Fla. Stat. (1993). . . .
. . . provided by law, including but not limited to, the remedies provided in subsections (12) and (15) and s. 812.035 . . .
. . . plaintiff, pursuant to Section 627.428(1), Florida Statutes (2001), and the defendant, pursuant to Section 812.035 . . .
. . . Section 812.035(10) provides that notwithstanding any other provision of law, a criminal or civil action . . . GUILLERMO ANTONIO CUTIE approving said invoices for payment, in violation of s. 812.014(l)(2)(a) and s. 812.035 . . . RELEVANT STATUTES Florida Statute § 812.035(10) provides: Notwithstanding any other provision of law, . . .
. . . Here, under sections 812.035(10) and 775.15(5), Florida Statutes (1989), Shamy’s right to be protected . . .
. . . state a cause of action for equitable relief; and 10) failure to state a cause of action under section 812.035 . . .
. . . , 1165 (Fla. 3d DCA 1984) (finding that the prior version of the civil theft statute, then sec tion 812.035 . . .
. . . . § 812.035(1) empowers the State criminal court to restrict or terminate a business enterprise in the . . .
. . . . § 812.035(10), Fla. . . . Section 812.035(10), Florida Statutes, the grand theft statute of limitations, was amended in 1992 to . . .
. . . grand theft prosecutions are controlled by the more specific statute of limitations found in section 812.035 . . . The correct period is five years as indicated by section 812.035(10). REVERSED AND REMANDED. . . .
. . . sections 501.201-501.213, Florida Statutes,(Count XXI), an action for civil theft pursuant to section 812.035 . . .
. . . information, alleging that prosecution was barred by the applicable statute of limitation, section 812.035 . . . was no out-of-state tolling provision to the five-year statute of limitations contained in section 812.035 . . .
. . . transferring or otherwise disposing of certain bank funds pursuant to Florida’s Civil Theft Statute, section 812.035 . . . Section 812.035(6), Florida Statutes (1995) provides: (1) Any circuit court may, after making due provisions . . .
. . . See § 812.035(7), Fla.Stat. (1995). . . .
. . . See §§ 775.15(2)(b) and (d), and 812.035, Fla.Stat. (1981). . . . .
. . . Humana filed suit against Losada seeking injunctive relief under subsection 812.035(6), Florida Statutes . . . We agree with Losada that attorney’s fees are awardable to a defendant under subsection 812.035(7), Florida . . . Statutes, where a private plaintiff seeks injunctive relief pursuant to subsection 812.035(6), “upon . . . Id. § 812.035(7). . . . However, it is not clear whether any of the cited cases involved a claim under subsection 812.035(6). . . .
. . . See §§ 772.11, 812.035(10), Fla.Stat. (1989). . . .
. . . He further argues the tolling provision of section 812.035(10), Florida Statutes (1993), is not applicable . . . The out-of-state tolling provision of section 812.035(10) became effective on October 1, 1992. . . .
. . . Ch. 772.11 and 812.035(6), a plaintiff may bring a civil action for theft of a trade secret using the . . .
. . . Section 812.035(7) provides in pertinent part that “[t]he defendant shall be entitled to recover reasonable . . . substantial legal support and the trial court erred in denying his motion for attorney’s fees under sections 812.035 . . .
. . . In determining whether the defendants had committed civil theft, the court construed § 812.035(10), Florida . . . a predecessor statute to § 772.17 is inconsequential as the language of § 772.17 mirrors that of § 812.035 . . .
. . . Section 812.035(7). Here, the evidence, although conflicting, meets the standard. Cf. Slomowitz v. . . .
. . . . § 812.035(7). . . . .
. . . The trial court granted the motion for fees and costs under the civil theft statute, section 812.035( . . . Violation of sections 812.012 and 812.014, Florida Statutes, brought under section 812.035, Florida Statutes . . .
. . . appellant challenges an order of the trial court refusing to award him attorney’s fees under section 812.035 . . . The appellant moved to assess attorney’s fees pursuant to section 812.035(7) on the ground that, based . . . recovery on other claims does not vitiate the appellant’s entitlement to attorney’s fees under section 812.035 . . . But sections 772.11 and 812.035 are claim specific. . . .
. . . judgment provides that the jury “found the Defendants liable for civil theft under Florida Statutes § 812.035 . . . Keene, individually, and Pelican Unlimited, Inc. liable for civil theft under Florida Statutes § 812.035 . . . Keene, liable for civil theft under Fla.Stat. §§ 812.035(7) and 812.014(1) (1985). . . . Florida Statute § 812.035(7) (1985) provides as follows: (7) Any person who is injured in any fashion . . . In 1987, Fla.Stat. § 812.035(7) was amended to eliminate a private right of action. . . .
. . . Section 812.035(7). Here, the evidence, although conflicting, meets the standard. Cf. Slomowitz v. . . . Section 812.035(7) which previously applied to "any person," now applies only to the state and its agencies . . .
. . . This provision was formerly codified at section 812.035(7), but is now codified at Fla.Stat.Ann. § 772.11 . . .
. . . Section 812.035 provides: 812.035 Civil remedies; limitation on civil and criminal actions.— ****** ( . . . Section 812.035 states that a victim of civil theft “shall ... recover court costs and reasonable attorneys . . . GOSHORN and GRIFFIN, JJ., concur. . § 812.035(7), Fla.Stat. (1985). . . . . Effective October 1, 1986 section 812.035 was amended to limit treble damages to the state or its agencies . . . was amended to provide individual claimants with the remedy of treble damages which the new section 812.035 . . .
. . . Section 812.035(7) granted a cause of action, for both individuals and the state, “for three-fold the . . . Subsequently, section 812.035(7) was amended. . . . The amended section 812.035(7), which became effective on October 1, 1986, provided a remedy only for . . . The amended section 812.035(7) also established a “clear and convincing evidence” burden of proof for . . . (amended section 812.035(7) is retrospectively applicable), review denied, 518 So.2d 1277 (Fla.1987). . . .
. . . . § 812.035(6), Fla.Stat. (1989). 1.221; . . .
. . . Civil theft is recognized under section 812.035, Florida Statutes (1985). . . . may justify a breach of contract action but does not become a theft which is actionable under séction 812.035 . . .
. . . 812.014(l)(a), Fla.Stat. (1989), and the dissolution of the defendant corporation pursuant to section 812.035 . . . Moreover, the count alleged that “pursuant to the provisions of Chapter 812.035(l)(e), Fla.Stat. this . . . at all, by the plaintiff’s additional request for dissolution of the corporation pursuant to section 812.035 . . . the plaintiff did not properly track the statutory language of the applicable subsections of section 812.035 . . . Reversed and remanded. . 812.035 Civil remedies; limitation on civil and criminal actions.— (1) Any circuit . . .
. . . . § 812.035(10), Fla.Stat. (1983). . . . admits that this offense is governed by the five-year statute of limitations established in section 812.035 . . . of limitation provided in section 775.15, but also to the more specific period provided in section 812.035 . . . Section 812.035(10) provides a five-year period for both criminal and civil theft actions “[njotwithstanding . . . Section 812.035 does not require a strict construction but is to be construed in light of its remedial . . .
. . . . §§ 772.104, 812.035, 895.05, these exclusions involve civil redress for actions in which punitive damages . . .
. . . The appel-lees also suggest the award may be sustained on the basis of section 812.035(7), Florida Statutes . . .
. . . The Court notes further that punitive damages were not warranted under the old section 812.035(7) nor . . . As to Count II, section 812.035(7), (civil remedies for criminal actions) Florida Statutes had been amended . . .
. . . instru-mentalities, subdivisions, or municipalities .... ” The amendatory process relocated that aspect of section 812.035 . . . The analysis in Ziccardi points up that the legislative modifications affecting sections 812.035(7) and . . .
. . . 1984, appellee filed an additional civil complaint against appellant, seeking remedies under Sections 812.035 . . . an “Amended Complaint” in the consolidated cases seeking forfeiture, pursuant to Sections 895.05 and 812.035 . . .
. . . complaint against Raymond James and others alleging violations of sections 517.301, 895.03(3), and 812.035 . . .
. . . . § 812.035(7). . . .
. . . breach of contract will not support a trebling of such damages pursuant to the provisions of Section 812.035 . . .
. . . Fla.Stat. (1987); negligence, four years § 95.11(3)(a), Fla.Stat. (1987); and civil theft, five years § 812.035 . . .
. . . The appealed award of attorney’s fees was based solely on section 812.035(7), Florida Statutes, a part . . .
. . . At the time this case arose, Section 812.035(7), Florida Statutes (1985), provided: Any person who is . . . was amended to provide individual claimants with the remedy of treble damages which the new Section 812.035 . . . in October 1986, and therefore the treble damages were available under the prior version of Section 812.035 . . . after 1984, individuals cannot recover both punitive damages and treble damages pursuant to Section 812.035 . . .
. . . trebling the total damages allegedly sustained by the plaintiff General Real Estate Limited under Section 812.035 . . .
. . . The homeowners next contend that the trial court erred by dismissing their claim under § 812.035(7) Florida . . .
. . . . § 812.035. . . . the Florida RICO and civil theft statutes applicable to this lawsuit, Fla.Stat. § 895.05(7) (1984), 812.035 . . .
. . . awarding both punitive and treble damages under the amended version of the civil theft statute, section 812.035 . . .
. . . State, 413 So.2d 15 (Fla.1982) (applying section 812.035(1), Florida Statutes (1977), which is identical . . .
. . . . § 812.035(1), and charges that the debtor’s conduct “constitute[s] civil theft.” (CP 1). . . .
. . . contract, for breach of fiduciary relationship, for conversion, and treble damages pursuant to Section 812.035 . . .
. . . . § 812.035(7), foreclosure and interference with ability to contract. . . . See Fla.Stat. § 812.035 (1985). . . . in the state court action constituted civil theft under Fla.Stat. § 812.014(1), the successor to § 812.035 . . .
. . . whether the trial court correctly awarded Wallace treble damages under the civil theft statute, section 812.035 . . . Miller and Wallace originally argued the applicability of section 812.035(7), Florida Statutes (1985) . . . We noted in our initial opinion that section 812.035(7) had been amended to restrict the treble damages . . .
. . . Therefore, Plaintiff did establish a clear legal right to recovery under the civil theft statute, 812.035 . . .
. . . liability for the independent tort of conversion, Plaintiff’s claim for treble damages pursuant to section 812.035 . . . for breach of contract will not support a trebling of such damages pursuant to the provisions of Sec. 812.035 . . . .2d at 320 (where no contractual relationship between the parties, no trebling allowed under section 812.035 . . . Section 812.035(7) provides in pertinent part: "Any person who is injured in any fashion by reason of . . .
. . . Florida RICO); Count VI, breach of fiduciary duty; Count VIII, negligence; Count IX, §§ 812.014 and 812.035 . . .
. . . is academic since there can be no action for civil theft (count II) against the city under section 812.035 . . .
. . . $4,500, being the $1,500 compensatory damages for conversion tripled under the civil theft statute (§ 812.035 . . . CONVERSION,” the body states in paragraph 15 that this count is a cause of action pursuant to section 812.035 . . . The prayer in count II is for treble damages under section 812.035(7), Florida Statutes, punitive damages . . . between a civil cause of action for conversion and for a theft authorizing civil damages under section 812.035 . . . intent that is necessary for civil theft and treble civil damages and attorney’s fees under section 812.035 . . .
. . . of § 812.014(2)(b)(l), Florida Statutes, which has a five-year statute of limitations under section 812.035 . . .
. . . The trial court trebled these damages pursuant to section 812.035(7), Florida Statutes (Florida’s Civil . . . finding against AFS, the appellees’ motion for attorney’s fees on appeal filed pursuant to section 812.035 . . .
. . . treatment of Count III, which repeated the allegations of Count II and prayed for treble damages under § 812.035 . . .
. . . . § 812.035(7), the court refused also to award punitive damages. . . . Stat. § 812.035(7) (Supp.1984)). . . . The earlier version of the statute, Fla.Stat. § 812.035(7) (Supp.1983), provided that a person ... . . . Fla.Stat. § 812.035(7) (Supp.1984), the statute discussed in Rosen v. . . . Since the commencement of this lawsuit, § 812.035(7) has been amended by 1986 Fla. . . .
. . . .” § 812.035(10), Fla.Stat. (1985). . . .
. . . VI allege pendent state claims for conversion, breach of contract, negligence, violation of Section 812.035 . . .
. . . Co., 281 So.2d 558 (Fla. 3d DCA 1973), cert. denied, 289 So.2d 737 (Fla. 1974); §§ 895.05(6), 812.035 . . .
. . . )(b), Florida Statutes (1985), is subject to a five year statute of limitations pursuant to section 812.035 . . .
. . . Perez, 445 So.2d 393 (Fla. 3d DCA), cause dismissed, 453 So.2d 44 (Fla.1984); § 812.035(7), Fla.Stat. . . .
. . . As to the second count in the complaint, we also note that section 812.035(7), Florida Statutes, has . . .
. . . Defendant to the debtors and also failed to prove its allegations of civil theft under §§ 812.014 and 812.035 . . .
. . . for breach of contract will not support a trebling of such damages under the provisions of section 812.035 . . . The trial judge awarded Marlin $138,704.82, and then trebled that amount pursuant to section 812.035( . . . for breach of contract will not support a trebling of such damages pursuant to the provisions of Sec. 812.035 . . . for breach of contract will not support a trebling of such damages pursuant to the provisions of Sec. 812.035 . . . Marlin, which explicitly interpreted the treble damage provision of section 812.035(7) as precluding . . .
. . . complaint against Paul Cutler, Beverly Cutler and Richard Emerson, alleging civil theft under section 812.035 . . . The trial court tripled the award of compensatory damages pursuant to section 812.035, Florida Statutes . . . appellant asserts that the trial court erred in awarding both punitive and treble damages under section 812.035 . . . At the time the complaint was filed, section 812.035(7), Florida Statutes (1981), specifically allowed . . . However, section 812.035(7) was amended to eliminate the award of punitive damages, and this amended . . .