Florida Statutes
Fla. Stat. § 812.155 (2025)
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.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1998–2023 · leading case: State v. Rygwelski, 899 So. 2d 498 (Fla. 2d DCA 2005).
State v. Rygwelski, 899 So. 2d 498 (Fla. 2d DCA 2005). “The State seeks certiorari review of the trial court's order denying John Henry Rygwelski's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2001), but holding section 812.”
Ellsworth v. State, 89 So. 3d 1076 (Fla. 2d DCA 2012). “ent, 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…”
In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014). “10 FAILURE TO RETURN [HIRED] [LEASED] PROPERTY § 812.155(3), Fla. Stat. To prove the crime of Failure to Return [Hired] [Leased] Property, the State must prove the following four elements beyond a reasonable doubt: 1.”
State v. Higby, 899 So. 2d 1269 (Fla. 2d DCA 2005). “Higby’s motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2000).”
Smith v. State, 9 So. 3d 702 (Fla. 2d DCA 2009). “Smith was charged with violating section 812.155(3), Florida Statutes (2005), for failing to return a cement mixer he leased from Taylor Rental in September 2005.”
Muccio v. State, 949 So. 2d 376 (Fla. 4th DCA 2007). “Appellant alleged that his trial attorney provided ineffective assistance by not moving to dismiss Count II of the information, charging him with failure to return leased property pursuant to section 812.155, Florida Statutes. Appellant argued that he could not be convicted…”
Rodriguez-Aguilar v. State, 198 So. 3d 792 (Fla. 2d DCA 2016). “See § 812.155(3)» Fla. Stat. (2011). Mr. Rodriguez-Aguilar negotiated a plea for a withhold of adjudication and an eighteen-month term of probation, requiring restitution of 09.”
Simmons v. State, 106 So. 3d 507 (Fla. 4th DCA 2013). “The judgment, however, reflects a conviction for failure to redeliver a hired or leased property of 0 or more in violation of section 812.155(3), Florida Statutes (2009).”
State of Florida v. Robert Sampaio (Fla. 4th DCA 2020). “ent, 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…”
State v. Rose, 876 So. 2d 1240 (Fla. 2d DCA 2004). “They further noted that the statute sets forth a punishment for the offense and establishes *1242 that failure to return property within five days of receiving a demand therefor is prima facie evidence of fraudulent intent.”
McCarthy v. State, 214 So. 3d 790 (Fla. 2d DCA 2017). “In each of two other cases, he pleaded to one count of failure to return leased property with a value of 0 or more, in violation of section 812.155(3), Florida Statutes (2010).”
State v. Gilbert, 880 So. 2d 1284 (Fla. 2d DCA 2004). “In three separate Polk County cases, Dawn Gilbert, John Paul Story, and Decar-lo Johnson were charged with failure to redeliver leased property, a third-degree felony in violation of section 812.155, Florida Statutes (2002).”
— 812.155(3) — 13 cases
In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014). “10 FAILURE TO RETURN [HIRED] [LEASED] PROPERTY § 812.155(3), Fla. Stat. To prove the crime of Failure to Return [Hired] [Leased] Property, the State must prove the following four elements beyond a reasonable doubt: 1.”
State v. Rygwelski, 899 So. 2d 498 (Fla. 2d DCA 2005). “The State seeks certiorari review of the trial court's order denying John Henry Rygwelski's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2001), but holding section 812.”
Rodriguez-Aguilar v. State, 198 So. 3d 792 (Fla. 2d DCA 2016). “See § 812.155(3)» Fla. Stat. (2011). Mr. Rodriguez-Aguilar negotiated a plea for a withhold of adjudication and an eighteen-month term of probation, requiring restitution of 09.”
Smith v. State, 9 So. 3d 702 (Fla. 2d DCA 2009). “Smith was charged with violating section 812.155(3), Florida Statutes (2005), for failing to return a cement mixer he leased from Taylor Rental in September 2005.”
Simmons v. State, 106 So. 3d 507 (Fla. 4th DCA 2013). “The judgment, however, reflects a conviction for failure to redeliver a hired or leased property of 0 or more in violation of section 812.155(3), Florida Statutes (2009).”
— 812.155(4)(a) — 1 case
State v. Sanders, 905 So. 2d 241 (Fla. 2d DCA 2005).
— 812.155(4)(b) — 8 cases
State v. Rygwelski, 899 So. 2d 498 (Fla. 2d DCA 2005). “The State seeks certiorari review of the trial court's order denying John Henry Rygwelski's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2001), but holding section 812.”
Ellsworth v. State, 89 So. 3d 1076 (Fla. 2d DCA 2012). “ent, 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…”
State v. Higby, 899 So. 2d 1269 (Fla. 2d DCA 2005). “Higby’s motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2000).”
Smith v. State, 9 So. 3d 702 (Fla. 2d DCA 2009). “Smith was charged with violating section 812.155(3), Florida Statutes (2005), for failing to return a cement mixer he leased from Taylor Rental in September 2005.”
State v. Person, 903 So. 2d 281 (Fla. 2d DCA 2005).
— 812.155(6) — 4 cases
Ellsworth v. State, 89 So. 3d 1076 (Fla. 2d DCA 2012). “ent, 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…”
In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014). “10 FAILURE TO RETURN [HIRED] [LEASED] PROPERTY § 812.155(3), Fla. Stat. To prove the crime of Failure to Return [Hired] [Leased] Property, the State must prove the following four elements beyond a reasonable doubt: 1.”
Muccio v. State, 949 So. 2d 376 (Fla. 4th DCA 2007). “Appellant alleged that his trial attorney provided ineffective assistance by not moving to dismiss Count II of the information, charging him with failure to return leased property pursuant to section 812.155, Florida Statutes. Appellant argued that he could not be convicted…”
State of Florida v. Robert Sampaio (Fla. 4th DCA 2020). “ent, 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…”
— 812.155(7) — 1 case
State v. Rose, 876 So. 2d 1240 (Fla. 2d DCA 2004). “They further noted that the statute sets forth a punishment for the offense and establishes *1242 that failure to return property within five days of receiving a demand therefor is prima facie evidence of fraudulent intent.”
— 812.155(8) — 1 case
Ellsworth v. State, 89 So. 3d 1076 (Fla. 2d DCA 2012). “ent, 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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.