Grand Theft

WARNING TO NON-U.S. CITIZENS: Be advised a conviction of for any
crimes involving theft or dishonesty could nullify you legal status and
subject you to deportation. Attorney John M. Howe understands the
importance of being knowledgeable of the laws effects upon non-U.S.
citizens in matters involving theft or dishonesty.

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 is
a semitrailer that was deployed by a law enforcement officer; 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;

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; or

4. 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,

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(9) or to treat medical emergencies. Law enforcement
equipment means any property, device, or apparatus used by any law
enforcement officer as defined in s. 943.10 in the officer's official
business. However, if the property is stolen within a county that
is subject to a state of emergency declared by the Governor under
chapter 252, the theft is committed after the declaration of emergency
is made, and the perpetration of the theft is facilitated by conditions
arising from the emergency, the theft is a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used
in this paragraph, the term "conditions arising from the emergency"
means civil unrest, power outages, curfews, voluntary or mandatory
evacuations, or a reduction in the presence of or response time for
first responders or homeland security personnel. For purposes of
sentencing under chapter 921, a felony offense that is reclassified
under this paragraph is ranked one level above the ranking under
s. 921.0022 or s. 921.0023 of the offense committed.

(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 (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.

However, if the property is stolen within a county that is subject
to a state of emergency declared by the Governor under chapter 252,
the property is stolen after the declaration of emergency is made,
and the perpetration of the theft is facilitated by conditions
arising from the emergency, the offender commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084, if the property is valued at $5,000 or more, but
less than $10,000, as provided under subparagraph 2., or if the
property is valued at $10,000 or more, but less than $20,000,
as provided under subparagraph 3. As used in this paragraph, the
term "conditions arising from the emergency" means civil unrest,
power outages, curfews, voluntary or mandatory evacuations, or a
reduction in the presence of or the response time for first
responders or homeland security personnel. For purposes of
sentencing under chapter 921, a felony offense that is
reclassified under this paragraph is ranked one level above
the ranking under s. 921.0022 or s. 921.0023 of the offense
committed.

(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.

(6) A person who individually, or in concert with one or more other
persons, coordinates the activities of one or more persons in
committing theft under this section where the stolen property has a
value in excess of $3,000 commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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