Miami Shoplifting Lawyer
Michael Mirer is an experienced Miami Shoplifting Lawyer and he
will fight for your rights! Call right now for a free
consultation.
If you or someone you know has been charged with any sort of
crime in the state of Florida contact defense
attorney Michael Mirer today at 1-866-9-DEFEND.
Miami Shoplifting (Theft) Laws by Statute
Contact an attorney right away for more information about
your rights and Shoplifting.
812.014 Theft.--
(1) A person commits theft if he or she knowingly obtains or uses,
or endeavors to obtain or to use, the property of another with
intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a
benefit from the property.
(b) Appropriate the property to his or her own use or to the use
of any person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more; or
2. If the property stolen is cargo valued at $50,000 or more that
has entered the stream of interstate or intrastate commerce from
the shipper's loading platform to the consignee's receiving dock;
or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a
motor vehicle as an instrumentality, other than merely as a
getaway vehicle, to assist in committing the offense and thereby
damages the real property of another; or
b. In the course of committing the offense the offender causes
damage to the real or personal property of another in excess of
$1,000,
the offender commits grand theft in the first degree, punishable
as a felony of the first degree, as provided in s. 775.082, s.
775.083, or s. 775.084.
(b)1. If the property stolen is valued at $20,000 or more, but
less than $100,000;
2. The property stolen is cargo valued at less than $50,000 that
has entered the stream of interstate or intrastate commerce from
the shipper's loading platform to the consignee's receiving dock;
or
3. The property stolen is emergency medical equipment, valued at
$300 or more, that is taken from a facility licensed under chapter
395 or from an aircraft or vehicle permitted under chapter 401,
the offender commits grand theft in the second degree, punishable
as a felony of the second degree, as provided in s. 775.082, s.
775.083, or s. 775.084. Emergency medical equipment means
mechanical or electronic apparatus used to provide emergency
services and care as defined in s. 395.002(10) or to treat medical
emergencies.
(c) It is grand theft of the third degree and a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (2)(a).
7. Any commercially farmed animal, including any animal of the
equine, bovine, or swine class, or other grazing animal, and
including aquaculture species raised at a certified aquaculture
facility. If the property stolen is aquaculture species raised at
a certified aquaculture facility, then a $10,000 fine shall be
imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more
individual pieces of fruit.
10. Taken from a designated construction site identified by the
posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.
(d) It is grand theft of the third degree and a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, if the property stolen is valued at $100 or more, but
less than $300, and is taken from a dwelling as defined in s.
810.011(2) or from the unenclosed curtilage of a dwelling pursuant
to s. 810.09(1).
(e) Except as provided in paragraph (d), if the property stolen is
valued at $100 or more, but less than $300, the offender commits
petit theft of the first degree, punishable as a misdemeanor of
the first degree, as provided in s. 775.082 or s. 775.083.
(3)(a) Theft of any property not specified in subsection (2) is
petit theft of the second degree and a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083, and as
provided in subsection (5), as applicable.
(b) A person who commits petit theft and who has previously been
convicted of any theft commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(c) A person who commits petit theft and who has previously been
convicted two or more times of any theft commits a felony of the
third degree, punishable as provided in s. 775.082 or s. 775.083.
(d)1. Every judgment of guilty or not guilty of a petit theft
shall be in writing, signed by the judge, and recorded by the
clerk of the circuit court. The judge shall cause to be affixed to
every such written judgment of guilty of petit theft, in open
court and in the presence of such judge, the fingerprints of the
defendant against whom such judgment is rendered. Such
fingerprints shall be affixed beneath the judge's signature to
such judgment. Beneath such fingerprints shall be appended a
certificate to the following effect:
"I hereby certify that the above and foregoing fingerprints on
this judgment are the fingerprints of the defendant, _____, and
that they were placed thereon by said defendant in my presence, in
open court, this the _____ day of _____, (year) ."
Such certificate shall be signed by the judge, whose signature
thereto shall be followed by the word "Judge."
2. Any such written judgment of guilty of a petit theft, or a
certified copy thereof, is admissible in evidence in the courts of
this state as prima facie evidence that the fingerprints appearing
thereon and certified by the judge are the fingerprints of the
defendant against whom such judgment of guilty of a petit theft
was rendered.
(4) Failure to comply with the terms of a lease when the lease is
for a term of 1 year or longer shall not constitute a violation of
this section unless demand for the return of the property leased
has been made in writing and the lessee has failed to return the
property within 7 days of his or her receipt of the demand for
return of the property. A demand mailed by certified or registered
mail, evidenced by return receipt, to the last known address of
the lessee shall be deemed sufficient and equivalent to the demand
having been received by the lessee, whether such demand shall be
returned undelivered or not.
(5)(a) No person shall drive a motor vehicle so as to cause it to
leave the premises of an establishment at which gasoline offered
for retail sale was dispensed into the fuel tank of such motor
vehicle unless the payment of authorized charge for the gasoline
dispensed has been made.
(b) In addition to the penalties prescribed in paragraph (3)(a),
every judgment of guilty of a petit theft for property described
in this subsection shall provide for the suspension of the
convicted person's driver's license. The court shall forward the
driver's license to the Department of Highway Safety and Motor
Vehicles in accordance with s. 322.25.
1. The first suspension of a driver's license under this
subsection shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver's license under
this subsection shall be for a period of 1 year.
History.--s. 4, ch. 77-342; s. 1, ch. 78-348; s. 1, ch. 79-124; s.
1, ch. 80-389; s. 1, ch. 82-164; s. 1, ch. 86-161; s. 1, ch.
87-376; s. 1, ch. 88-312; s. 8, ch. 90-92; s. 1, ch. 92-79; s. 9,
ch. 95-184; s. 30, ch. 96-247; s. 3, ch. 96-260; s. 49, ch.
96-388; s. 1819, ch. 97-102; s. 102, ch. 99-3; s. 36, ch. 99-6; ss.
67, 79, ch. 99-248; s. 2, ch. 2001-115; s. 1, ch. 2003-15; s. 2,
ch. 2004-341.
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.
(c) Ordering the dissolution or reorganization of any enterprise.
(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.
(c) Require another agency authorized by law to take custody of
the property and remove it to an appropriate location.
(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.
This information is for example only and should not be
considered legal advice. For the most current law or for more
information please search the state of Florida website or
contact Michael Mirer at 1-866-9-DEFEND right away! If
you have been accused of any crime your freedom may be in
jeopardy! Contact Miami criminal defense lawyer Michael Mirer
right away for a free consultation specific to your case. When you
have been accused of a crime and if you are considering hiring a
Miami criminal defense lawyer, you should consider more than just
advertisements.
Contact us and ask us to send you
more information about our qualifications and experience. This
website does not contain any legal advice.
