74-136; s. 1, ch. Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 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 owners 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. Florida's . Failing to return a rental car at the end of the contract is a third-degree felony and attracts a $5,000 fine, five years in prison, or both. In addition to any other fine authorized by law, a person found guilty of violating any provision of ss. We fight, scratch, and claw so that no matter what our clients lives arent changed for the worst. 79-163; s. 1, ch. The taking into custody and detention by a law enforcement officer, merchant, merchants employee, farmer, or a transit agencys employee or agent, if done in compliance with all the requirements of this subsection, shall not render such law enforcement officer, merchant, merchants employee, farmer, or a transit agencys employee or agent, criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003. Cargo can refer to shipments (both partial and entire), containers, or boxes of property that are transported via vehicle (such as an airplane, car, truck, boat) at locations like a freight station. Except as provided in subsection (9), a person who commits retail theft commits 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 $300 or more, and the person: Individually, or in concert with one or more other persons, coordinates the activities of one or more individuals in committing the offense, in which case the amount of each individual theft is aggregated to determine the value of the property stolen; Commits theft from more than one location within a 48-hour period, in which case the amount of each individual theft is aggregated to determine the value of the property stolen; Acts in concert with one or more other individuals within one or more establishments to distract the merchant, merchants employee, or law enforcement officer in order to carry out the offense, or acts in other ways to coordinate efforts to carry out the offense; or. Within 5 days after receipt of service of the notice hereinabove provided or within 10 days after the last publication of the mentioned notice, any person other than the petitioner claiming title or right of possession to the money or motor vehicle involved shall file his or her objections to the granting of such petition. Any person who uses or attempts to use any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The law enforcement officer has probable cause to believe that the property is otherwise subject to forfeiture under this section. (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. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. 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. A merchant, merchants employee, farmer, or a transit agencys employee or agent who takes a person into custody, as provided in subsection (3), or who causes an arrest, as provided in subsection (4), of a person for retail theft, farm theft, transit fare evasion, or trespass shall not be criminally or civilly liable for false arrest or false imprisonment when the merchant, merchants employee, farmer, or a transit agencys employee or agent has probable cause to believe that the person committed retail theft, farm theft, transit fare evasion, or trespass. 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. Damages awarded by any court under this section shall be computed in accordance with subparagraph 1. or subparagraph 2.: The party aggrieved may recover the actual damages suffered by him or her as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages. To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. As used in this subsection, the term department means the Department of Highway Safety and Motor Vehicles. When a person is accused of distributing, transferring, selling or otherwise disposing of . In a prosecution for a violation of the provisions of this section, it is no defense that the person so charged returned or intended to return the article so stolen, embezzled, or copied. Require another agency authorized by law to take custody of the property and remove it to an appropriate location. The most common argument raised by defense lawyers is that the accused person lacked knowledge that the vehicle was previously stolen. For more information about charges for grand theft of the first, second, and third degrees, please review, Under the category of Theft outlined in the Florida Statutes. Carlos . 2001-141; s. 3, ch. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any communications device, or any other device or equipment, involved in the violation which is in the custody or control of the violator or has been impounded under subparagraph 2. 94-265. As dictated by Florida Statute Title XLVI, Chapter 812.032, individuals who have stolen or obtained any property of value, who have been found guilty of inflicting injuries on people, damaging property, or being responsible for additional losses can be (on the grounds of state law) be fined no more than 2 times the value of the property. 81-163; s. 165, ch. Schedule. A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person: Violates subsection (8) and has previously been convicted of a violation of subsection (8); or. Any person aggrieved by any violation of this section may bring a civil action in a circuit court or in any other court of competent jurisdiction. 96-388; s. 1819, ch. s. 12, ch. s. 522(9) and (10) (1992). This section shall not be construed to impose any criminal or civil liability upon any state or local law enforcement agency; any state or local government agency, municipality, or authority; or any communications service provider unless such entity is acting knowingly and with intent to defraud a communications service provider as defined in this section. You may have been falsely accused or may have had no idea that the property you were dealing with was stolen. An act shall be deemed in the course of committing a robbery by sudden snatching if the act occurs in an attempt to commit robbery by sudden snatching or in fleeing after the attempt or commission. Property refers to any objects or items of value, while property of another refers to these objects that individuals cannot infringe upon with the consent of the owner. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. In order to satisfy this definition, it is not necessary to show that: The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or. An aggressive criminal defense attorney can also provide satisfactory explanations that rebut the inferences of knowledge, thereby getting you off the hook. e. The fact that a written Statement has been completed by the victim, owner, or legal possessor. 97-102. The Attorney General may enter into agreements with local governments to assist in the enforcement of ss. At Meltzer & Bell, P.A., we are fully prepared to take on any prosecutor who tries to convict you based solely oncircumstantial evidence. OBTAINING BY TRICK, FALSE REPRESENTATION, ETC. Call (954) 765-6585 or complete the form for a free consultation. 775.082, 775.083, and 775.084. If the name and phone number are not for a business that rents property, the dealer avoids the inference by contacting the local law enforcement agency in the jurisdiction where the dealer is located, prior to accepting the property, to verify that the property has not been reported stolen. Communications service means any service lawfully provided for a charge or compensation by any cable system or by any radio, fiber optic, photooptical, electromagnetic, photoelectronic, satellite, microwave, data transmission, Internet-based, or wireless distribution network, system, or facility, including, but not limited to, any electronic, data, video, audio, Internet access, microwave, and radio communications, transmissions, signals, and services, and any such communications, transmissions, signals, and services lawfully provided for a charge or compensation, directly or indirectly by or through any of those networks, systems, or facilities. We gather all of the necessary information, interview witnesses, and file motions to challenge the validity of your arrest and the evidence against you. #_form_2_ ._error._above ._error-arrow { bottom:0; right:15px; border-left:5px solid transparent; border-right:5px solid transparent; border-top:5px solid red; } 97-102; s. 33, ch. Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts. A facility or an opportunity to engage in conduct in violation of any provision of this act was provided. 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