Florida Statute 812.155 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.155

812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence.—

(1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever, with the intent to defraud the owner or any person lawfully possessing any personal property or equipment, obtains the custody of the personal property or equipment by trick, deceit, or fraudulent or willful false representation commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) HIRING OR LEASING WITH THE INTENT TO DEFRAUD.—Whoever, with intent to defraud the owner or any person lawfully possessing personal property or equipment of the rental thereof, hires or leases the personal property or equipment from the owner or the owner’s agents or any person in lawful possession thereof commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) FAILURE TO RETURN HIRED OR LEASED PERSONAL PROPERTY.—Whoever, after hiring or leasing personal property or equipment under an agreement to return the personal property to the person letting the personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of the person or persons knowingly abandon or refuse to return the personal property or equipment as agreed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) EVIDENCE.—

(a) In a prosecution under this section, obtaining the property or equipment under false pretenses; absconding without payment; or removing or attempting to remove the property or equipment from the county without the express written consent of the lessor, is evidence of fraudulent intent.

(b) In a prosecution under subsection (3), failure to redeliver the property or equipment within 5 days after receiving the demand for return from a courier service with tracking capability or by certified mail, return receipt requested, or within 5 days after delivery by the courier service or return receipt from the certified mailing of the demand for return, is prima facie evidence of abandonment or refusal to redeliver the property or equipment. Notice mailed by certified mail, return receipt requested, or delivery by courier with tracking capability to the address given by the renter at the time of rental is sufficient and equivalent to notice having been received by the renter, should the notice be returned undelivered.

(c) In a prosecution under subsection (3), failure to pay any amount due which is incurred as the result of the failure to redeliver property or equipment after the rental period expires, and after the demand for return is made, is prima facie evidence of abandonment or refusal to redeliver the property or equipment. Amounts due include unpaid rental for the time period during which the property or equipment was not returned and include the lesser of the cost of repairing or replacing the property or equipment if it has been damaged.

(5) DEMAND FOR RETURN.—Demand for return of overdue property or equipment and for payment of amounts due may be made in person, by hand delivery, by certified mail, return receipt requested, or by courier service with tracking capability, addressed to the lessee’s address shown in the rental contract.

(6) NOTICE REQUIRED.—As a prerequisite to prosecution under this section, the following statement must be contained in the agreement under which the owner or person lawfully possessing the property or equipment has relinquished its custody, or in an addendum to that agreement, and the statement must be initialed by the person hiring or leasing the rental property or equipment:

Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.

(7) THIRD-PARTY POSSESSION.—Possession of personal property or equipment by a third party does not alleviate the lessee of his or her obligation to return the personal property or equipment according to the terms stated in the contract by which the property or equipment was leased or rented to the lessee, and is not a defense against failure to return unless the lessee provides the court or property owner with documentation that demonstrates that the personal property or equipment was obtained without the lessee’s consent.

(8) REPORTING VEHICLE AS STOLEN.—A lessor of a vehicle that is not returned at the conclusion of the lease who satisfies the requirements of this section regarding the vehicle is entitled to report the vehicle as stolen to a law enforcement agency and have the vehicle listed as stolen on any local or national registry of such vehicles.

History.—s. 6, ch. 92-79; s. 1242, ch. 97-102; s. 2, ch. 98-214; s. 1, ch. 2001-141; s. 3, ch. 2006-51; s. 1, ch. 2012-210.

F.S. 812.155 on Google Scholar

F.S. 812.155 on Casetext

Amendments to 812.155

Arrestable Offenses / Crimes under Fla. Stat. 812.155

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

S812.155 1 - FRAUD-SWINDLE - OBTAIN PROP BY TRICK ETC 300 DOLLARS OR OVER - F: T

S812.155 1 - FRAUD-SWINDLE - OBTAIN PROPERTY BY TRICK ETC UNDER 300 DOLLARS - M: S

S812.155 2 - FRAUD-SWINDLE - HIRE OR LEASE WIT DEFRAUD 300 DOLLARS OR OVER - F: T

S812.155 2 - FRAUD-SWINDLE - HIRE OR LEASE WIT DEFRAUD UNDER 300 DOLLARS - M: S

S812.155 3 - FRAUD - FAIL REDELIV HIRED LEASED PROP 300 DOLS OR OVR - F: T

S812.155 3 - FRAUD - FAIL REDELIVER HIRED LEASED PROP UND 300 DOLS - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 812.155

Total Results: 19

CHARLES DELMAS ROBERSON v. ENTERPRISE LEASING COMPANY OF FLORIDA, LLC

Court: District Court of Appeal of Florida | Date Filed: 2023-06-14

Snippet: no probable cause to arrest him, citing section 812.155, Florida Statutes (2017), we direct him to our

STATE OF FLORIDA v. ROBERT SAMPAIO

Court: District Court of Appeal of Florida | Date Filed: 2020-02-19

Snippet: with the specific language required by section 812.155(6), Florida Statutes (2016). Because the State

McCarthy v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-05

Citation: 214 So. 3d 790, 2017 WL 1277739, 2017 Fla. App. LEXIS 4571

Snippet: value of $300 or more, in violation of section 812.155(3), Florida Statutes (2010). All of the offenses

Rodriguez-Aguilar v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-09

Citation: 198 So. 3d 792, 2016 Fla. App. LEXIS 3601, 2016 WL 886225

Snippet: offense is a third-degree felony. See § 812.155(3)» Fla. Stat. (2011). Mr. Rodriguez-Aguilar negotiated

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

Court: Supreme Court of Florida | Date Filed: 2014-08-28

Citation: 146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Snippet: FAILURE TO RETURN [HIRED] [LEASED] PROPERTY § 812.155(3), Fla. Stat. To prove the crime of Failure

Simmons v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-01-30

Citation: 106 So. 3d 507, 2013 Fla. App. LEXIS 1656, 2013 WL 331588

Snippet: property of $300 or more in violation of section 812.155(3), Florida Statutes (2009). See McKeliver v. State

Ellsworth v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-06-08

Citation: 89 So. 3d 1076, 2012 WL 2052773, 2012 Fla. App. LEXIS 9193

Snippet: to maintain a prosecution pursuant to section 812.155(6), Florida Statutes (2009).1 We agree with Ellsworth

Hay v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-27

Citation: 79 So. 3d 852, 2012 Fla. App. LEXIS 1095, 2012 WL 246465

Snippet: redeliver a leased vehicle, a violation of section 812.155(3), Florida Statutes (2009), and was sentenced

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-04-17

Citation: 9 So. 3d 702, 2009 Fla. App. LEXIS 3243, 2009 WL 1025412

Snippet: trial. Smith was charged with violating section 812.155(3), Florida Statutes (2005), for failing to return

Muccio v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-03-07

Citation: 949 So. 2d 376, 2007 WL 675347

Snippet: to return leased property pursuant to section 812.155, Florida Statutes. Appellant argued that he could

State v. Sanders

Court: District Court of Appeal of Florida | Date Filed: 2005-06-22

Citation: 905 So. 2d 241, 2005 Fla. App. LEXIS 9623, 2005 WL 1457746

Snippet: violation of section 812.155, Florida Statutes (2003). In Rygwelski, we held that section 812.155(4)(b) did not

State v. Person

Court: District Court of Appeal of Florida | Date Filed: 2005-06-03

Citation: 903 So. 2d 281, 2005 Fla. App. LEXIS 8313, 2005 WL 1307665

Snippet: of the trial court’s order which finds section 812.155(4)(b), Florida Statutes (2001), to be unconstitutional

State v. Green

Court: District Court of Appeal of Florida | Date Filed: 2005-06-01

Citation: 902 So. 2d 352, 2005 Fla. App. LEXIS 8120, 2005 WL 1281662

Snippet: return leased equipment in violation of section 812.155, Florida Statutes (2002). We reverse and remand

State v. Higby

Court: District Court of Appeal of Florida | Date Filed: 2005-04-27

Citation: 899 So. 2d 1269, 2005 Fla. App. LEXIS 5964, 2005 WL 954847

Snippet: section 812.155, Florida Statutes (2000). The trial court found in its order that section 812.155(4)(b)

State v. Rygwelski

Court: District Court of Appeal of Florida | Date Filed: 2005-04-22

Citation: 899 So. 2d 498, 2005 WL 924262

Snippet: violation of section 812.155, Florida Statutes (2001), but holding section 812.155(4)(b) unconstitutional

State v. Monroe

Court: District Court of Appeal of Florida | Date Filed: 2004-12-22

Citation: 888 So. 2d 763, 2004 Fla. App. LEXIS 19514, 2004 WL 2952868

Snippet: return leased property in violation of section 812.155, Florida Statutes (2001); The circuit court dismissed

State v. Gilbert

Court: District Court of Appeal of Florida | Date Filed: 2004-09-03

Citation: 880 So. 2d 1284, 2004 Fla. App. LEXIS 13265, 2004 WL 1948660

Snippet: a third-degree felony in violation of section 812.155, Florida Statutes (2002). The circuit court dismissed

State v. Rose

Court: District Court of Appeal of Florida | Date Filed: 2004-06-30

Citation: 876 So. 2d 1240, 2004 WL 1454443

Snippet: Appellees) charging them with violating section 812.155(3), Florida Statutes (2001), for failing to return

T.R.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-08-05

Citation: 714 So. 2d 1193, 1998 Fla. App. LEXIS 9745, 1998 WL 438490

Snippet: personal property (a tuxedo) in violation of section 812.155(3), Florida Statutes (1995). We agree with appellant