Florida Statute 812.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.16

812.16 Operating chop shops; definitions; penalties; restitution; forfeiture.—

(1) As used in this section, the term:

(a) “Chop shop” means any area, building, storage lot, field, or other premises or place where one or more persons are engaged or have engaged in altering, dismantling, reassembling, or in any way concealing or disguising the identity of a stolen motor vehicle or of any major component part of a stolen motor vehicle; where there are two or more stolen motor vehicles present; or where there are major component parts from two or more stolen motor vehicles present.

(b) “Major component part” means one of the following subassemblies of a motor vehicle, regardless of its actual market value: front-end assembly, including fenders, grills, hood, bumper, and related parts; frame and frame assembly; engine; transmission; T-tops; rear clip assembly, including quarter panels and floor panel assembly; doors; and tires, tire wheels, and continuous treads and other devices.

(c) “Motor vehicle” includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which device is self-propelled or may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway, including but not limited to farm machinery and steam shovels.

(2) Any person who knowingly owns, operates, or conducts a chop shop or who knowingly aids and abets another person in owning, operating, or conducting a chop shop is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who violates this section, upon conviction, in addition to any other punishment, may be ordered to make restitution to the rightful owner of a stolen motor vehicle or of a stolen major component part, or to the owner’s insurer if the owner has already been compensated for the loss by the insurer, for any financial loss sustained as a result of the theft of the motor vehicle or a major component part. Restitution may be imposed in addition to any imprisonment or fine imposed, but not in lieu thereof.

(4) The following may be seized and are subject to forfeiture pursuant to ss. 932.701-932.704:

(a) Any stolen motor vehicle or major component part found at the site of a chop shop or any motor vehicle or major component part for which there is probable cause to believe that it is stolen but for which the true owner cannot be identified.

(b) Any engine, tool, machine, implement, device, chemical, or substance used or designed for altering, dismantling, reassembling, or in any other way concealing or disguising the identity of a stolen motor vehicle or any major component part.

(c) A wrecker, car hauler, or other motor vehicle that is knowingly used or has been used to convey or transport a stolen motor vehicle or major component part.

History.—s. 49, ch. 87-243; s. 72, ch. 95-211.

F.S. 812.16 on Google Scholar

F.S. 812.16 on Casetext

Amendments to 812.16

Arrestable Offenses / Crimes under Fla. Stat. 812.16

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

S812.16 2 - PROPERTY CRIMES - OWN OPERATE CONDUCT OR AID AND ABET CHOP SHOP - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 812.16

Total Results: 14

Rauniel Quintero v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-31T00:00:00-07:00

Snippet: operating a chop shop, in violation of section 812.16(2), Florida Statutes (2020), and possession of

Kuria v. BMLRW, LLLP

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-05T00:00:00-08:00

Citation: 101 So. 3d 425, 2012 Fla. App. LEXIS 20811, 2012 WL 6029107

Snippet: operating a “chop shop” in violation of section 812.16, Florida Statutes, and dealing in stolen property

Vargas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-10T00:00:00-08:00

Citation: 34 So. 3d 44, 2010 Fla. App. LEXIS 2950, 2010 WL 785813

Snippet: operating, owning, or conducting a chop shop. See § 812.16(2), Fla. Stat. (2004) (emphasis added). A key component…from two or more stolen motor vehicles present. § 812.16(1)(a), Fla. Stat. (2004) (emphasis added). Sufficient

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: [damage] to (claimant). b. Violation of F.S. 812.016 (Possession of altered property): whether (defendant

Beary v. Bruce

Court: Fla. Dist. Ct. App. | Date Filed: 2002-01-17T23:53:00-08:00

Citation: 804 So. 2d 579

Snippet: a "chop shop" in violation of section 812.16(a), Florida Statutes, various motor vehicles and

Thomas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-05T00:00:00-08:00

Citation: 805 So. 2d 989, 2001 Fla. App. LEXIS 17061, 2001 WL 1538820

Snippet: operating a chop shop, in violation of section 812.16(2), Florida Statutes (1997), and grand theft, in

Kelley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-10-16T00:00:00-07:00

Citation: 720 So. 2d 272, 1998 Fla. App. LEXIS 12959, 1998 WL 719506

Snippet: charged with operating a chop shop under section 812.16, Florida Statutes (1995). He pleaded guilty and… shop. The definition of “chop shop” in section 812.16(l)(a) includes a place where a person engages in…vehicles for which restitution is ordered. See § 812.16(3), Fla. Stat. (1995). *273Appellant next challenges

Standard Jury Instructions—Civil Cases (No. 98-3)

Court: Fla. | Date Filed: 1998-10-08T00:00:00-07:00

Citation: 720 So. 2d 1077, 23 Fla. L. Weekly Supp. 534, 1998 Fla. LEXIS 1898, 1998 WL 699775

Snippet: any fashion. b. Violation of Florida Statutes § 812.016 (Possession of altered property) On (claimant’

Standard Jury Instructions

Court: Fla. | Date Filed: 1998-07-16T00:53:00-07:00

Citation: 723 So. 2d 123

Snippet: Petit theft - second degree - 812.014(3)(a) 812.016 Possession of altered None

Parnell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-10T00:00:00-07:00

Citation: 661 So. 2d 128, 1995 Fla. App. LEXIS 10587, 1995 WL 592471

Snippet: operating a “chop shop,” in violation of section 812.16, Florida Statutes. We reject appellant’s arguments

Standard Jury Instructions-Criminal Cases

Court: Fla. | Date Filed: 1992-07-02T00:53:00-07:00

Citation: 603 So. 2d 1175

Snippet: altered property None Attempt 812.016 Dealing in stolen property None

Adkins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-03-13T00:00:00-08:00

Citation: 576 So. 2d 392, 1991 Fla. App. LEXIS 2249, 1991 WL 35441

Snippet: “chop shop” activities in violation of section 812.-16(2), Florida Statutes, he was not charged with that

In Re Stan. Jury Instr. in Criminal Cases

Court: Fla. | Date Filed: 1989-03-29T23:53:00-08:00

Citation: 543 So. 2d 1205

Snippet: None Attempt property 812.016 Dealing in stolen None

Florida Bar Re Standard Jury Instructions—Criminal

Court: Fla. | Date Filed: 1987-05-28T00:00:00-07:00

Citation: 508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Snippet: .06 None None Possession of altered property — 812.016 None Attempt Dealing in stolen property — trafficking