Florida/Georgia Personal Injury & Workers Compensation

Court analyzed the least culpable of the acts in § 812.12(1), which was “putting in fear.” The Lockley Court

...s satisfactorily explained, give rise to an F.S. 812.022(2) inference that the person in possession of the property knew or should have known that the property had been stolen. Definitions; "Obtains or uses" means any manner of: give if applicable F.S. 812.012(2) (a) Taking or exercising control over property....

...Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. "Endeavor" means to attempt or try. F.S. 812.012(3) "Property" means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests and claims; and services. F.S. 812.012(5) "Services" means anything of value resulting from a person's physical or mental labor or skill, or from the use, possession or presence of property, and includes: repairs or improvements to property; professional services; private, publ...

...Therefore, do not read the allegation of prior conviction or send the information or indictment into the jury room. The historical fact of a previous conviction shall be determined by the judge, and shall thereby fix the degree of the crime. State of Florida v. Harris, 356 So.2d 315 (Fla. 1978). F.S. 812.012(9) "Value" means The market value of the property at the time and place of the offense, or if that value cannot be satisfactorily *1214 ascertained, the cost of replacement of the property within a reasonable time after the offense....

...Definitions "Property" means anything of value, and includes: F.S. 812-012(3) real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests and claims; and services. F.S. 812.012(6) "Stolen property" means property that has been 812.028(3) the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. F.S. 812.012(7) "Traffic" means: to sell, transfer, distribute, dispense or otherwise dispose of property; and to buy, receive, possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property....

...ments 1. (Defendant) [initiated] [organized] [planned] [financed] [directed] [managed] [supervised] the theft of (property alleged). 2. (Defendant) trafficked in the (property alleged). Definitions "Property" means anything of value, and includes: F.S. 812.012(3) real property, including things growing on, affixed on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests and claims; and services. F.S. 812.012(6) "Stolen property" means property that has been the 812.028(3) subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. F.S. 812.012(7) "Traffic" means: to sell, transfer, distribute, dispense or otherwise dispose of property; and to buy, receive, possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property....

...mpany of a right to or benefit from it, or with an intent to appropriate it to his own use. Based upon the latter finding, which in effect determined that Senfeld had violated Florida's Anti-Fencing Act, more commonly called the theft statute, see §§ 812.012, et seq., Fla....

...r by the fact that the acts also are punishable as crimes."). [9] Perhaps even more compelling is the language of Section 812.035(10), which states in part: "Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 may be commenced at any time within 5 years after the cause of action accrues ......

...is, in light of existing judicial construction of such language in civil cases, see, e.g., Creviston v. General Motors Corp., 225 So.2d 331, strong indication that it intended that the limitations period for civil and criminal actions under Sections 812.012-812.037 will commence to run in accordance with the separate rules applicable to such cases....

...ty provision). We have little difficulty in concluding that Section 812.035 is remedial in nature and thus applies retroactively. [13] The statute itself, in Section 812.037, states that "notwithstanding s. 775.021 [strict construction for crimes], ss. 812.012-812.037 shall not be construed strictly or liberally, but shall be construed in light of their purposes to achieve their remedial goals." [14] (emphasis supplied)....

...[12] The theft statute did not newly create the crime of conversion. Instead, it incorporated under theft "[c]onduct previously known as stealing; larceny; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud or deception; ..." § 812.012(2)(d)1 (emphasis supplied)....

...amount in controversy, and shall recover threefold the damages by him sustained,..." Section 812.035(7), Florida Statutes (1983), provides in pertinent part: "Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 shall have a cause of action for threefold the actual damages sustained......

under false pretenses, fraud or deception. Section 812.-012(2)(d)l, Florida Statutes (1983). Any person

...applicable the person in possession of the property knew or should F.S. have known that the property had been stolen. 812.022(2) Definitions; "Obtains or uses" means any manner of: give if applicable (a) Taking or exercising control over property. F.S. 812.012(2) (b) Making any unauthorized use, disposition, or transfer of property....

...n; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or 2. Other conduct similar in nature. "Endeavor" means to attempt or try. [Page A-57] *1235 F.S. "Property" means anything of value, and includes: 812.012(3) real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests and claims; and services. F.S. "Services" means anything of value resulting from a 812.012(5) person's physical or mental labor or skill, or from the use, possession or presence of property, and includes: repairs or improvements to property; professional services; private, public or government communication, transportation, power,...

...Judge Therefore, do not read the allegation of prior conviction or send the information or indictment into the jury room. The historical fact of a previous conviction shall be determined by the judge, and shall thereby fix the degree of the crime. State of Florida v. Harris, 356 So.2d 315 (Fla. 1978). F.S. "Value" means: 812.012(9) The market value of the property at the time and place of the offense, or if that value cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense....

...e intentions of the parties." Id. (citations omitted). The district court's conclusion that the exclusionary clause was ambiguous hinged on the fact that a conversion, as occurred in this case, is included within Florida's Anti-Fencing Act, sections 812.012-812.037, Florida Statutes, as one means of carrying out "theft" and the exclusion does not make clear whether it pertains to a taking which is accomplished by fraudulent inducement....

...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 therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. Section 812.012(2)(c) and (d) 1....

...While the above case law supports the appellant's position, we hold it is too narrow a construction of the present theft statute, section 812.014, Florida Statutes (1979). It should be noted that, under the present theft statute, how the property of another is acquired is no longer important. See section 812.012(2), Florida Statutes (1979)....

...Jurisdiction may even then still be a problem if, for instance, the lesser crime is but a misdemeanor, jurisdiction for the trial of which is not in the same court having jurisdiction to try the greater offense. [3] The essential acts are "obtains or uses" as those terms are defined in section 812.012(2), Florida Statutes (1979).

...ature. We find that the fourth district in McNeill has reached the correct result. The questions presented by these cases are: (1) whether the omnibus theft statute, chapter 77-342, Laws of Florida (codified as the Florida Anti-Fencing Act, sections 812.012 — 812.037, Florida Statutes), repealed by implication section 812.041; and (2) whether the legislature meant to dispense with the element of intent to permanently deprive an owner of his property....

...(b) To appropriate the property to his own use or to the use of any person not entitled thereto. "Obtains or uses" is defined as "any manner of: (a) Taking or exercising control over property [or] (b) Making any unauthorized use, disposition, or transfer of property." § 812.012(2), Fla. Stat. (1977) (emphasis supplied). In contrast to the above-quoted portions of sections 812.014 and 812.012, however, section 812.041, Florida Statutes (1977), purports to deal with the unauthorized temporary use of motor vehicles, aircraft, and boats and provides as follows: (1) Any person who temporarily uses any motor vehicle, aircraft, boat, or...

...of right or with the presumed consent of the owner or other person having the legal control, care, or custody of the same. Thus, section 812.041, the so-called "joy-riding statute," pertains to temporary unauthorized use, while sections 812.014 and 812.012 pertain to any unauthorized use. By the bare language of these sections, therefore, either sections 812.014 and 812.012 must be interpreted narrowly in order to give section 812.041 a field of operation or else we must hold that section 812.041 has been repealed by implication....

...ting law to remain in effect regardless of a new statute which might appear to infringe on the scope of the former. Our analysis of the statutes involved here leads us to conclude that chapter 77-342, Laws of Florida, from which sections 812.014 and 812.012 are derived, repealed section 812.041 by implication. Chapter 77-342, codified as sections 812.012 — 812.037, is an omnibus theft act and is entitled the "Florida Anti-Fencing Act." Ch....

...ment of the offense proscribed by section 812.014. We did not, however, define the requisite specific intent. The instant cases present us with the opportunity to do so. We agree with the state that, due to the broad language of sections 812.014 and 812.012, the intent meant by subsection 812.014(1) is the intent to deprive, not the intent to permanently deprive....

...heel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions . § 812.012(3), Fla. Stat. "Property" means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. *328 §§ 812.012(6), 812.028(3), Fla. Stat. "Stolen property" means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. § 812.012(7), Fla....

...heel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions . § 812.012(3), Fla.Stat. "Property" means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. "Stolen property" means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. § 812.012(7), Fla....

742 So.2d 365 (Fla. 2d DCA 1999), held that section 812.12(2) did require proof of a specific intent of

...by Section 626.611. The Department is competent so to interpret those statutes. Rice v. Dept. of Health & Rehab. Serv., 386 So.2d 844, 847 (Fla. 1st DCA 1980); ABC Liquors, Inc. v. Dept. of Business Reg., etc., 397 So.2d 696 (Fla. 1st DCA 1981). [7] Section 812.012(2)(d)1, Florida Statutes (1979), the omnibus theft statute, specifically includes "Conduct previously known as ......

...At the conclusion of the trial appellant was found guilty of grand theft and attempted burglary. We find it unnecessary to determine whether the trial court erred in allowing Oliver to testify about what he learned from the price chart concerning the value of the meat. Section 812.012(9)(b), Florida Statutes (1983), provides that if the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount....

...Whatever Florida law may have been in 1964, the year National Casualty Co. was decided, the fact remains that since that time the Florida legislature has extensively revised the criminal code. For example, in 1977 the Florida Anti-Fencing Act, Fla.Stat. §§ 812.012-.037, was enacted....

...efit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. .... (2)(c) It is grand theft of the third degree and a felony of the third degree ... if the property stolen is: .... 4. A motor vehicle." Section 812.012(2), Florida Statutes (1991), defines the term "obtains or uses," as employed in the above statute, as follows: "(2) `Obtains or uses' means any manner of: (a) Taking or exercising control over property....

...[2] For example, a person may unlawfully "obtain" or "use" a motor vehicle, within the meaning of Section 812.014(1), Florida Statutes (1991), by towing the vehicle away without ever having entered or remained in the vehicle. Such a towing constitutes "taking or exercising control over the property," which Section 812.012(2), Florida Statutes (1991), defines as "obtains or uses" for purposes of the theft statute....

...lls the property to a third person. See generally G. Robert Blakely & Michael Goldsmith, Criminal Redistribution of Stolen Property: The Need for Law Reform, 74 Mich. L.Rev. 1512 (1976). The statute punishes both the initial thief and the fence. See § 812.012(7), Fla....

...Florida law does not bar a civil theft claim because a contractual relationship is involved. See Masvidal v. Ochoa, 505 So.2d 555, 556 (Fla.App. 3d Dist.1987); cf. Refined Sugars, Inc. v. Southern Commodity Corp., 709 F.Supp. 1117, 1122 (S.D.Fla. 1988). In fact, Florida Statutes § 812.012(2)(c) intimates otherwise. See Fla.Stat. § 812.012(2)(c) (1989)....

...teering activity, and therefore we must conclude that it did not constitute such an enterprise within the meaning of Florida RICO. We also conclude that the trust did not constitute an enterprise as similarly defined in the Florida Anti-Fencing Act, section 812.012(8)....

...(a) deprive the other person of a right to the property or the benefit therefrom; 50 (b) appropriate the property to his own use or to the use of any person not entitled thereto. 51 Fla.Stat. Sec. 812.014. The phrase "obtains or uses" is defined in Section 812.012(2) as any manner of: 52 (a) taking or exercising control of property....

...Under § 523(a)(4), larceny is "the fraudulent and wrongful taking and carrying away the property of another with intent to convert such property to his use without the consent of the owner." Collier on Bankruptcy, Section 523.14(3). Although Fla.Stat. § 812.012 defines larceny to include the unlawful taking of "real estate", this Court is satisfied that this Court is not bound by the definition of the term by a state statute but it is entitled to construe, for the purpose of Section 523(a)(4), the term as that term was interpreted under common law....

...Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen. Definitions; give if applicable § 812.012(1), Fla....

...See Ch. 395, Fla. Stat. § 812.014(2)(b)3, Fla. Stat. "Emergency medical aircraft or vehicle" means any aircraft, ambulance or other vehicle used as an emergency medical service vehicle that has been issued a permit in accordance with Florida law. § 812.012(3), Fla....

...*776 (d) (1) Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or (2) Other conduct similar in nature. "Endeavor" means to attempt or try. § 812.012(4), Fla. Stat. "Property" means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. § 812.012(6), Fla....

...includes: repairs or improvements to property; professional services; private, public or government communication, transportation, power, water, or sanitation services; lodging accommodations; and admissions to places of exhibition or entertainment. § 812.012(10), Fla....

...at 1033, it is not supported by sufficient record evidence at this, the summary judgment, stage. In Florida, "[a]ny person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of [the Florida Anti-Fencing Act, Fla.Stat. § 812.012-.037] has a cause of action for threefold the actual damages sustained....

...Danzig, 722 F.2d 706, 710 (11th Cir.1984). 19. The Plaintiff has entirely failed to prove his claim that he was deprived of his rights to additional shares of stock by the Defendants Cook's and Dunworth's theft by misappropriation, fraud and deception (as defined in Fla.Stat. § 812.012), in violation of Fla.Stat....

...We first note that under the amendments to the larceny statute, Section 812.014, Florida Statutes (1977), a variety of offenses relating to the unlawful appropriation of property are now included in the single crime called "theft". Thus, under the "definitions" section (Section 812.012(2)(a), (b), (c), (d), 1 and 2), the offense now includes any unauthorized use, obtaining property by fraud, conduct previously known as stealing, larceny, embezzlement, misapplication, misappropriation, conversion, or obtaining money...

...the subject of a robbery charge under section 812.13(1) means property "in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person also has an interest in the property." § 812.012(4), Fla....

...tatutes (1974), which was repealed and superseded in 1977 by the current theft statute, section 812.014. Ch. 77-342, § 4, Laws of Fla. [3] However, this reference to "larceny" now means the statutory offense of "theft" by virtue of the provision in section 812.012(2)(d) that defines "obtains or uses" for purposes of theft under section 812.014 to mean "[c]onduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaini...

...permanently: (a) [d]eprive the other person of a right to the property or a benefit therefrom; or (b) [a]ppropriate the property to his own use or to the use of any person not entitled thereto." (Emphasis added.) "Property of another" is defined in section 812.012(4) to mean "property in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person also has an interest in the property." These provisions manifest a legisla...

...Schaefer, 163 Ariz. 626, 790 P.2d 281 (Ct.App. 1990) (claim of right defense no longer available in robbery prosecution in light of public policy concerns and certain statutory language in A.R.S. § 13-1801(A)(12), which is substantially similar to that in § 812.012(4), Fla....

...year old. Fifteen days prior to its theft it had been seized by the United States Coast Guard while carrying 2,000 pounds of marijuana and it was being stored by the Customs Service. The trial judge charged the jury in accord with the provisions of section 812.012(9)(a)1 and (b) regarding value as follows: "Value" means: The market value of the property at the time and place of the offense, or if that value cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. If the exact value of the property cannot be ascertained, you should attempt to determine a minimum value. If you cannot determine the minimum value, you must find the value is less than $100. Section 812.012(9)(b) was added to the Florida Statutes in 1977....

...of grand theft in the second degree, i.e., property of the value of $100 or more. We think reasonable persons could not doubt that the value of the sailboat as described to the jury was $100 or more. The cases that predate the 1977 amendment adding section 812.012(9)(b) seem clearly to require and limit proof of value to "market value." See Negron v....

...sing control over property, or making any unauthorized use, disposition, or transfer of property. This would include obtaining property by fraud, conduct previously known as stealing, conversion, embezzlement, or other conduct similar in nature. See § 812.012(2), Florida Statutes (1989)....

...For the purpose of the theft statute, value "means the market value of the property *692 at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)1., Fla....

...Florida Statutes. This theft statute prohibits any person from knowingly obtaining, using, or endeavoring to obtain or to use, the property of another.... "Property" includes the private communication services which plaintiffs supply. See Fla.Stat. § 812.012(5)....

...— (1) Any person who traffics in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084. "Traffic" is defined under section 812.012(7), Florida Statutes (1989), as: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...lls the property to a third person. See generally G. Robert Blakely & Michael Goldsmith, Criminal Redistribution of Stolen Property: The Need for Law Reform, 74 Mich. L.Rev. 1512 (1976). The statute punishes both the initial thief and the fence. See § 812.012(7), Fla....

...on of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. The phrase "obtains or uses" is broadly defined to encompass any use, including unauthorized use. Id. § 812.012(2)....

...§ 812.014(2)(e), Fla. Stat. (2006). "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1)....

...It is well-settled that proof of the element of value is essential to a conviction for grand theft and must be established by the state beyond a reasonable doubt. Negron v. State, 306 So.2d 104 (Fla. 1974); Evans v. State, 452 So.2d 1040 (Fla. 2d DCA 1984); Weatherspoon v. State 419 So.2d 404 (Fla. 2d DCA 1982). Section 812.012(9)(a)(1), Florida Statutes, states: "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time...

...al on the charge of grand theft because the state failed to prove the essential element of value. We agree. In order to prove grand theft, the state must prove that the value of the laptop was greater than $300. § 812.014(2)(c)1, Fla. Stat. (2005). Section 812.012(10)(a)1, Florida Statutes (2005), defines "value" as "the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." In Gilbert v....

...The “life experience” exception, however, is actually derived from a totally different discrete statutory provision of the criminal theft statutes. Under Florida law the degree of grand theft committed depends on the “value” of the property stolen. See § 812.014, Fla. *888 Stat. (2010). 1 Section 812.012, Florida Statutes (2010), which defines specific terms used in sections 812.012-812.037, Florida Statutes (2010), provides: (10) “Value” means value determined according to any of the following: (a)l....

...conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense. (Emphasis supplied.) In Jackson v. State, 413 So.2d 112, 114 (Fla. 2d DCA 1982), the Second District interpreted section 812.012(9)(b), Florida Statutes (1979), to allow a defendant to be found guilty of theft of property valued at $100 or more “absent any specific proof of value by the state ......

...nd the jury cannot ascertain a specific value from the evidence or lack of evidence before it.” Id. (emphasis supplied). Jackson improperly breathes an extremely broad interpretation of a narrow statutory provision into the criminal theft statute. Section 812.012(10)(b) provides that “[i]f the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount.” (Emphasis supplied.) A plain reading of this criminal theft provision reveals that...

...This misinterpretation of the criminal theft statute is not supported by any authority whatsoever and in fact runs contrary to the plain language of the criminal theft statute and the criminal mischief statute. We therefore disapprove of Jackson’s disregard of the impossibility prerequisite articulated in section 812.012(10)(b)....

...A comparison of a “life experience” exception, as articulated by the Third District below, to that originally articulated by the Second District in Jackson reveals a significant analytical gap between the two. The rule articulated in Jackson explicitly relied on section 812.012(10)(b) to justify the application of the “life experience” exception to the criminal theft context. In contrast, the Third District does not provide any statutory basis for the application of the exception to the criminal mischief context. Section 812.012(10), which provides a definition for “value” as utilized in the criminal theft statute, allows a jury to “find the value to be not less than a certain amount” if the value of the item stolen cannot be ascertained....

...imilar to the criminal theft statute. The absence of a definition of “damage” from the criminal mischief statute, along with the absence of a provision that allows “the trier of fact [to] find the value to be not less than a certain amount,” § 812.012(10)(b), renders the application of a “life experience” exception to the felony criminal mischief context improper. The State asserts that section 812.012(10)(b) is applicable to the criminal mischief statute because the latter lacks a definition for the term “damage.” This argument is without merit because section 812.012(10) does not provide a definition for the term “damage”; rather, it defines “value,” a term noticeably absent from the criminal mischief statute....

...Moreover, the owner's testimony made no reference as to whether the value that he was attempting to discuss related to the television set when new or at the time it was stolen. The crime of grand theft, of course, requires proof of the market value when the offense occurred. § 812.012, Fla....

...To prove third-degree grand theft, the State bore the burden to establish that the defendant stole property valued at $300 or more, but less than $5000. § 812.014(2)(c)1, Fla. Stat. (2003). The general rule under the theft statute is that value means fair market value at the time of the theft. § 812.012(10)(a)1, Fla....

...Stat. (1999)(emphasis added). Proof of the element of value is essential to a conviction for grand theft and must be established by the State beyond a reasonable doubt. Negron v. State, 306 So.2d 104 (Fla.1974).Value is statutorily defined as follows: 812.012 Definitions.— * * * (9) "Value" means value determined according to any of the following: (a)1. Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of *1017 replacement of the property within a reasonable time after the offense. § 812.012(9)(a)(1), Fla....

...The Martin County conviction presents the question of whether defendant can be convicted and sentenced for both theft of property and dealing in the same stolen property. The Anti-Fencing Act enacted in 1977 provides in relevant part as follows: 812.005 Short title. — Sections 812.012-812.037 shall be known as the Florida Anti-Fencing Act. 812.012 Definitions. — As used in ss. 812.012-812.037: * * * * * * (7) "Traffic" means: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...stolen property knowing the same to be stolen, which was essentially the former offense of "receiving stolen property." The offense of "dealing" in stolen property is committed by one who "traffics" in such property, the term "traffic" as defined in Section 812.012(7)(a) meaning "To sell, transfer, distribute, dispense or otherwise dispose of property" or, under subparagraph (7)(b), "To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispe...

...4th DCA 2011). “Value” is defined as “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)(l), Fla....

...While I do not disagree with the holding of the majority, I would reverse on a much broader ground. I believe that, as opposed to the driver, one's status as a passenger in the vehicle involves none of the conduct proscribed by section 812.014(1) of the Florida Anti-Fencing Act (1987). [1] See § 812.012, Fla. Stat. (1987). [2] Specifically, a passenger neither takes "control," § 812.012(2)(a), or makes "use," § 812.012(2)(b), of the vehicle so as to render his conduct within a present equivalent of the former crime of "buying, receiving and concealing" (BRC) stolen property....

...property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. [2] 812.012 Definitions....

...sapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. [3] By like reasoning, the passenger is not in "possession" of a vehicle within the meaning of § 812.012(2)(a) so as to raise the statutory inference of guilty knowledge as provided by that statute....

...d degree.... An examination of this enactment reveals nothing to support the conclusion that persons could be convicted under its provisions for conduct that is essentially innocent in nature. The terms "traffic" and "stolen property" are defined in section 812.012(6) and (7), from which it is clear that the statute applies only to certain acts relating to the disposition of "property that has been the subject of any criminally wrongful taking." The term "endeavors" has recently been construed b...

...(a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. Included within the definition of "property" is the provision of services. Section 812.012(3)(c)....

...It is patently clear that one who knowingly takes the motor vehicle of another, even without any intent to permanently deprive the owner of the property, fits the above definition. The temporary loss of the vehicle deprives the owner of a right to the property and a benefit from it. Indeed, section 812.012, which defines the terms used in section 812.014, states that "obtains or uses" means any manner of making any unauthorized use of property....

...(2) Nothing in this section shall be construed to apply to any case in which the taking of the property of another is with intent to steal the same or in which the taking is under a claim of right or with the presumed consent of the owner of other person having the legal control, care, or custody of the same. [1] See § 812.012-812.037, Fla....

...Under the applicable statutory definition, "value" means "the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a), Fla....

...offense. Embezzlement was enacted as a statutory offense because the act did not constitute common law larceny because the offender obtained possession by consent rather than through a felonious taking. See Statute of 21 Henry VIII, Ch. 7 (1530) and § 812.012(2)(d)1., Fla....

...rtment of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. Definitions. Give if applicable. § 812.012(1), Fla....

...Stat. *573 "Unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012(3), Fla....

...Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or other conduct similar in nature. ii. Other conduct similar in nature. "Endeavor" means to attempt or try. § 812.012(4), Fla. Stat. "Property" means anything of value, and includes: [real property, including things growing on, affixed to and found in land.;] [tangible or intangible personal property, including rights, privileges, interests, and claims;] and [services.] § 812.012(6), Fla....

...airs or improvements to property;.] [professional services;.] [private, public or government communication, transportation, power, water, or sanitation services;.] [lodging accommodations.; and] [admissions to places of exhibition or entertainment.] § 812.012(10), Fla....

...n goods. The defendant in that case had admittedly purchased an engine which he knew was stolen. However, since the state had proven only that he had kept the engine which he had purchased, it had not shown he had "trafficked" in stolen goods, since Section 812.012(7) defines "traffic" as "[t]o sell, transfer, distribute, dispense or otherwise dispose of property", or "[t]o buy, receive ......

...The trial court concluded that Burr's allegations could not constitute civil theft as a matter of law. Beyond the fact that there were material factual issues in dispute, Burr's claims met the statutory definition of civil theft. Section 772.11 incorporates section 812.012 for the definition of "property" which the statute defines as real property, including things growing on, affixed to and found in the land (§ 812.012(3)(a)); intangible personal property, including rights, privileges, interests and claims (§ 812.012(3)(b)); and services, meaning anything of value resulting from a person's physical or mental labor, including repairs *426 or improvements to property (§ 812.012(5)(a))....

...s to be used for the purchase of food, and stating that (3) above is a mere conclusion of law made by appellants. Section 812.019, Florida Statutes, describes dealing in stolen property as trafficking in or endeavoring to traffic in stolen property. Section 812.012(7) defines the term "traffic" as follows, in pertinent part: (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property....

...However, we decline to adopt the State's further position, and defense counsel's apparent concession at the motion hearings, that the inferred intent merely to tender food stamps at a store in exchange for food can support a charge of *650 dealing in stolen property within the meaning of sections 812.019 and 812.012(7)....

...Code § 6-5-285 (1975); Miss. Code Ann. § 11-7-12 (1972), as it has seen fit to do in respect to other crimes, see, e.g., § 812.035, Fla. Stat. (1981) (expressly providing civil treble damage action to one injured by reason of theft made criminal by Section 812.012)....

..., which could have been corrected had it been properly raised at trial. Further, the evidence showed that Sebastiano engaged in a scheme or course of conduct in which he managed to take more than $100,000 from Sclafani. The theft statute provides in section 812.012(10)(c), Florida Statutes (2005), that the value of separate properties involved in thefts committed in "one scheme or course of conduct" may be aggregated in determining the grade of the offense....

...harged under section 812.019 with "dealing in stolen property." Under that statute: "(1) Any person who trafficks in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree... ." Section 812.012(7) defines "traffic" to mean: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...ently: (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." § 812.014(1), Fla. Stat. (2003). Section 812.012(3)(c), Florida Statutes defines "obtains or uses" as any manner of "[o]btaining property by fraud, willful misrepresentation of a future act, or false promise." § 812.012(3)(c), Fla....

...ence, established by affidavit, lacked a prima facie showing that Lancaster, who was in possession of property he knew or should have known was stolen, intended to sell, transfer, distribute, dispense, or otherwise dispose of that property. Sections 812.012(7)(b), .019, Florida Statutes (1977)....

...Lancaster was charged pursuant to Section 812.019(1) which states: Any person who traffics in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084. Section 812.012(7) defines "traffic" to mean: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...ssession of it. The trial court also held that the defendant "disposed" of the engine, or evidenced an intention to "dispose" of it, by placing the engine in his van. The offense proscribed by Section 812.019(1) is trafficking in stolen property. In Section 812.012(7)(b) the qualifying words "with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property," modify not only the word "use" but also the words "buy, receive, possess, [or] obtain control of"....

...Allen, 362 So.2d 10 (Fla. 1978). Appellant also raises on appeal two additional points regarding the asserted unconstitutionality of the theft statutes which were not presented in State v. Allen, supra. He contends that the definitional provisions of Section 812.012(2)(d) are impermissibly vague and uncertain, and that they represent an improper delegation of legislative power in violation of Article II, Section 3 of the Florida Constitution. Section 812.012(2) (d) provides: "(2) `Obtains or uses' means any manner of: * * * * * * (d)1....

...Because these terms are sufficiently definite and similar, it cannot be said that the legislature has failed to provide adequate standards to guide prosecutorial or judicial discretion in the enforcement of the law. It follows that the trial judge ruled correctly in upholding the constitutionality of Sections 812.012 and 812.014, and the order denying the motion to dismiss is accordingly affirmed....

...There are, of course, cases in which the minimum value of an item of property is "so obvious as to defy contradiction". See Jackson v. State, 413 So.2d 112, 114-115 (Fla. 2d DCA 1982) (involving theft of a 37-foot sail boat). In such cases, the jury can then make a finding of "minimum" value based on section 812.012(9)(b), Florida Statutes (1989): If the value of property cannot be ascertained, the trier of fact may find the *575 value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100....

...SHARP, and PETERSON, JJ., concur. NOTES [1] § 812.014(2)(c)(1), Fla. Stat. (1989). [2] Piffner admitted that they sold the television and the microwave at a local convenience store, but he was not asked how much money they received from the sale. [3] "Value" is defined in section 812.012(9)....

...(d) 1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. § 812.012, Fla....

...Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen. Definitions; give if applicable § 812.012(1), Fla....

...See Ch. 395, Fla. Stat. § 812.014(2)(b)3, Fla. Stat. "Emergency medical aircraft or vehicle" means any aircraft, ambulance or other vehicle used as an emergency medical service vehicle that has been issued a permit in accordance with Florida law. § 812.012(3), Fla....

...(d) (1) Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or (2) Other conduct similar in nature. "Endeavor" means to attempt or try. § 812.012(4), Fla. Stat. "Property" means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. § 812.012(6), Fla....

...includes: repairs or improvements to property; professional services; private, public or government communication, transportation, power, water, or sanitation services; lodging accommodations; and admissions to places of exhibition or entertainment. § 812.012(10), Fla....

...he State was required to prove that the stolen property's value exceeded $100. Generally, and no exception is applicable here, "value means fair market value at the time of the theft." Bloodsaw v. State, 994 So.2d 378, 379 (Fla. 3d DCA 2008) (citing § 812.012(10)(a)(1), Fla....

...Despite Johannessen's inability to testify as to the cell phone's value, the trial court determined that the cell phone's value exceeded $100, based on Johannessen's testimony and the trial court's own life experiences. We recognize that pursuant to section 812.012(10)(b), Florida Statutes (2007), even where the value of the stolen property cannot be ascertained, "the trier of fact may find the value to be not less than a certain amount." See Jackson v....

...State, 839 So.2d 860, 861 (Fla. 2d DCA 2003). "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1), Fla....

...n, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree... . "Traffic" means, among other things, "[t]o sell, transfer, distribute, dispense, or otherwise dispose of property." § 812.012(7)(a), Fla....

...he Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. § 812.012(1), Fla....

...Stat. “Unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012(3), Fla....

...Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or *733 property by false pretenses, fraud, deception; or other conduct similar in nature. “Endeavor” means to attempt or try. § 812.012^), Fla. Stat. “Property” means anything of value, and includes: [real property, including things growing on, affixed to and found in land.] [tangible or intangible personal property, including rights, privileges, interests, claims [services.] § 812.012(6), Fla....

...es: [repairs or improvements to property.] [professional services.] [private, public or government communication, transportation, power, water, or sanitation services.] [lodging accommodations.] [admissions to places of exhibition or entertainment.] § 812.012(10), Fla....

...Any other money lost by appellee would have been in the operation of the businesses, and although this loss too might have been the subject of a damage award based on the fraud of appellants, the jury did not make such award. Despite the broad definition *49 of "obtain and use" reflected in section 812.012(2), Florida Statutes (1983) it is clear that appellants did not "obtain or use" any of these funds....

...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 therefrom; (b) Appropriate the property to his own use or to the use of any person not entitled thereto. Section 812.012(2) defines "obtains or uses" as used in 812.014 to mean any manner of (a) Taking or exercising control over property....

...Although it appears that in each of the cited cases the defendant had possession or control of the stolen property, there was no explicit discussion of this specific element. Apparently, the definition of "obtains or uses" as including "making any unauthorized use" of property, § 812.012(2), Fla....

...J.A., 963 So.2d 189, 194 (Fla.2007). We begin our analysis by discussing the history and purpose of the Florida Anti-Fencing Act which was enacted in 1977 and includes section 812.025, and the theft and dealing in stolen property statutes. See ch. 77-342, Laws of Florida; §§ 812.012-812.037, Fla....

...7 “Traffic” means “[t]o sell, transfer, distribute, dispense, or otherwise dispose of property” or “[t]o buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.” § 812.012(8)(a)-(b), Fla....

...cfked] in” the steel bars, (2) which he knew or should have known were stolen. See § 812.019(1), Fla. Stat. (2009). The evidence at trial established that Blackmon sold the steel bars to a scrap yard thereby satisfying the first *550 element. See § 812.012(8)(a), Fla....

..."Obtains or uses” means: (1) "[tjaking or exercising control over property,” "[m]aking any unauthorized use, disposition, or transfer of property;” or "[o]btaining property by fraud, willful misrepresentation of a future act, or false promise." § 812.012(3)(a)-(c), Fla....

Court analyzed the least culpable of the acts in § 812.12(1), which was “putting in fear.” The Lockley Court

...Argent by misrepresentation or false pretenses. Certainly, obtaining another’s property “by fraud, willful misrepresentation of a future act, or false premise” or by “false pretenses, fraud, or deception” can constitute the crime of theft. § 812.012(c), (d)(1); Hebert v....

...contends that the State failed to establish that the market value of the items stolen was more than $300. We agree. In order to establish a violation of the third-degree grand theft statute, § 812.014(2)(c)l., Fla. Stat. (2008), the State must prove that the property stolen was valued at $300 or more, as defined by section 812.012(10)(a)l., Florida Statutes (2008). “Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)l....

...battery charger. The State failed to present any evidence of the value of the truck radio or the boat charger at the time and place of the offense. As such, the State failed to prove that the property stolen was valued at $300 or more as defined by section 812.012(10)(a)l....

...Here, the State failed to present any evidence that it could not “satisfactorily ascertain” the market value. We next address the State’s argument that the finding of guilt may stand based on a finding that the minimum value of the items is self-evident. § 812.012(10)(b), Fla....

...contends that the State failed to establish that the market value of the items stolen was more than $300. We agree. In order to establish a violation of the third-degree grand theft statute, § 812.014(2)(c)1., Fla. Stat. (2008), the State must prove that the property stolen was valued at $300 or more, as defined by section 812.012(10)(a)1., Florida Statutes (2008). "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)1....

...battery charger. The State failed to present any evidence of the value of the truck radio or the boat charger at the time and place of the offense. As such, the State failed to prove that the property stolen was valued at $300 or more as defined by section 812.012(10)(a)1....

...Here, the State failed to present any evidence that it could not "satisfactorily ascertain" the market value. We next address the State's argument that the finding of guilt may stand based on a finding that the minimum value of the items is self-evident. § 812.012(10)(b), Fla....

...In dismissing the information, the trial court concluded that a personal representative does not take "the property of another" when he or she converts estate monies to his or her own use because a personal representative holds legal title to the estate assets. Section 812.012(4), Florida Statutes (1991), defines "property of another" as "property in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person also has an interest in...

...ssets for his own use. The estate assets are not the personal representative's property, but are held by the personal representative for the benefit of the estate and ultimately for distribution to the beneficiaries. Thus, applying the definition in section 812.012(4), it is the estate and the beneficiaries who have an interest in the assets....

...ceny. Former subsection 812.021(1)(c) expressly provided that executors of estates were guilty of larceny for secreting, withholding or otherwise appropriating to their own use any property in their possession by virtue of their appointment. Indeed, section 812.012(2)(d)(1), Florida Statutes (1991), specifically incorporates conduct previously known as larceny into the current statute. Section 812.012(2)(d)(1) defines "obtains or uses" as "conduct previously known as stealing, larceny, purloining, abstracting, embezzlement." Therefore, the clear intent of the statute is to broaden, not restrict the types of conduct considered as theft and to include all conduct previously defined as larceny. Because executors of estates who appropriated property in their possession by virtue of their appointment were guilty of larceny under the repealed statute, such conduct is specifically criminalized by incorporation through section 812.012(2)(d)(1)....

...§ 812.014(2)(c)(1), Fla. Stat. (2009). [1] "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1)....

...lee. ORFINGER, J. Eric Gonzalez appeals his conviction of dealing in stolen property in violation of section 812.019(1), Florida Statutes (2001). Mr. Gonzalez claims that the trial court erred by denying his motion to declare sections 812.019(1) and 812.012(8), Florida Statutes, unconstitutional, and by awarding $4,000 in restitution when the evidence did not support this amount. We affirm in part and reverse in part. Prior to trial, Mr. Gonzalez filed a motion to declare sections 812.019(1) and 812.012(8), Florida Statutes (2001), unconstitutional, or, alternatively, to refashion section 812.019(1) in degrees in accordance with section 812.014, Florida Statutes *893 (2001)....

...Gonzalez again objected to this amount, arguing that Ms. Lopez did not provide sufficient testimony to support the value of the items. Once more, the trial court overruled the objection and ordered $4,000 in restitution. This appeal follows. First, Mr. Gonzalez argues that sections 812.019(1) and 812.012(8), Florida Statutes, are unconstitutional....

...Although the trial court is granted discretion in determining a restitution amount to make the victim whole, here, there was no competent, substantial evidence to support the trial court's award of restitution above $3,125. We affirm the trial court's denial of Mr. Gonzalez's motion to declare sections 812.019(1) and 812.012(8), Florida Statutes, unconstitutional, but reverse its grant of $4,000 in restitution....

...NOTES [1] Section 812.019(1), Florida Statutes, which criminalizes dealing in stolen property, states: Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084. Section 812.012(8), Florida Statutes, defines "traffic" as: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property. (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. [2] Mr. Gonzalez also alleges that sections 812.019(1) and 812.012(8) violate his equal protection and due process rights....

...mendment, Chapter 83-156, Laws of Florida, was June 22, 1983.) [2] The "obtaining or using" proscribed by Section 812.014(1), Florida Statutes (1981), is defined: "Obtains or uses" means any manner of: (a) Taking or exercising control over property. Section 812.012(2), Florida Statutes (1981).

...f the sale price is $100 or more. Further, we cannot perceive when the "value of merchandise" as defined in section 812.015(1)(c) would ever be less than the market value of the property at the time and place of the offense, as "value" is defined in section 812.012(9)(a)....

...9 Dealing in Stolen Property *532 Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen .... § 812.019(1), Fla. Stat. (2008) (emphasis added). To “traffic” is “[t]o sell, transfer, distribute, dispense, or otherwise dispose of property.” § 812.012(8)(a), Fla. Stat. (2008). Alternatively, to “traffic” is “[t]o buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.” § 812.012(8)(b), Fla....

...ket value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 6 812.012(10)(a)1, Fla....

...State, 453 So.2d 542, 543 (Fla. 3d DCA 1984). The elements of dealing in stolen property are trafficking or endeavoring to traffic in property that the defendant knows or should have known was stolen. M.L.K. v. State, 454 So.2d 753 (Fla. 1st DCA 1984). Under section 812.012, Florida Statutes (1991), the term "traffic" means: "(a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...nently ... [djeprive the other person of a right to the property or a benefit from. the property.” § 812.014(l)(a), Fla. Stat. (2007). This includes “[o]btaining property by fraud, willful misrepresentation of a future act, or false promise.” § 812.012(3)(c), Fla....

...[4] In the present case, the crimes for which appellant was charged may be categorized as theft by false pretenses, an essential element of which is false representation of a past or existing fact, Latti v. State, 364 So.2d 828 (Fla. 2d DCA 1978), or *1017 willful misrepresentation of a future act, or false promise. § 812.012(2)(c), Fla....

...te was required to prove that the stolen property’s value exceeded $100. Generally, and no exception is applicable here, “value means fair market value at the time of the theft.” Bloodsaw v. State, 994 So.2d 378, 379 (Fla. 3d DCA 2008) (citing § 812.012(10)(a)(1), Fla....

...Despite Johannessen’s inability to testify as to the cell phone’s value, the trial court determined that the cell phone’s value exceeded $100, based on Johannes-sen’s testimony and the trial court’s own life experiences. We recognize that pursuant to section 812.012(10)(b), Florida Statutes (2007), even where the value of the stolen property cannot be ascertained, “the trier of fact may find the value to be not less than a certain amount.” See Jackson v....

...method of determination; (4) there was no obligation to keep intact or deliver specific money. 46 In October 1985, some 41 months before trial, C & W had filed an amendment to the complaint that added Count VI, charging theft as defined in Fla.Stat. 812.012(2), .014....

...In order to establish that Mr. Newland committed first-degree petit theft, the State had to prove beyond a reasonable doubt that the value of the stolen air conditioning unit was “$100 or more, but less than $300.” § 812.014(2)(e), Fla. Stat. (2010). Section 812.012(10)(a)(l) provides that “ ‘[vjalue’ means value determined according to ......

...Craft, 685 So.2d 1292 (Fla.1996). "The elements of dealing in stolen property are trafficking or endeavoring to traffic in property that the defendant knows or should have known was stolen." State v. Crider, 625 So.2d 957, 959 (Fla. 5th DCA 1993). Under section 812.012(8), Florida Statutes, the term "traffic" means: "(a) [t]o sell, transfer, distribute, dispense, or otherwise dispose of property [or] (b) [t]o buy, receive, possess, obtain control of, or use property with the intent to sell, transfer...

...ecause such activity was evidence of theft only, and not of the crime of trafficking or dealing in stolen property, even if the transaction were achieved by some form of transfer, distribution, dispensation, or disposition of the item, as defined in Section 812.012(7)(b), Florida Statutes....

...hicle to the accused's own use or to use of any person not entitled to it. Fryer v. State, 732 So.2d 30, 33 (Fla. 5th DCA 1999) (emphasis added); accord Jones v. State, 666 So.2d 960, 963 (Fla. 3d DCA 1996); see § 812.014(2)(c)6, Fla. Stat. (2006). Section 812.012 defines the phrase "obtains or uses" to include "[c]onduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception." § 812.012(3)(d)1, Fla....

...te the property to his or her own use or to the use of another. § 812.014(1)(b), Fla. Stat. (1991). One "obtains or uses" property by taking the property or by obtaining it through fraud, willful misrepresentation of a future act, or false promise. § 812.012(2), Fla....

...e to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed. (Emphasis added). Florida Statute § 812.012(9)(c) provides: Amounts of values of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or several persons, may be aggregated in determining the grade of the offense. . . . . The State contends that Florida Statute §§ 812.012(9)(c) and 775.15(4) permit this prosecution of crimes which occurred beyond the five year statute of limitations period. The State submits *469 that it is allowed to aggregate separate takings to establish the value necessary to determine the grade of the offense under § 812.012(9)(c)....

...uing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated." The State's position is that since there is a legislative purpose "to prohibit a continuing course of conduct" under § 812.012(9)(c), the crime is not complete for statute of limitations period until the defendant's "complicity therein is terminated" which, in this case, was within the five (5) year statute of limitations period....

...The portion of the statute relied on by the State provides, "Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or several persons, may be aggregated in determining the grade of the offense." Id. § 812.012(9)(c) (emphasis added)....

...rse of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated." § 775.15(4), Fla. Stat. In 1977, the legislature rewrote the theft statute. Ch. 77-342, §§ 2-4, Laws of Fla. (codified as § 812.012, .014, Fla....

...It is the 1977 enactment which provides that "[a]mounts of value, involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense." § 812.012(9)(c), Fla....

...tly: (a) deprive the other person of a right to the property or the benefit therefrom; (b) appropriate the property to his own use or to the use of any person not entitled thereto. Fla.Stat. § 812.014. The phrase “obtains or uses” is defined in Section 812.012(2) as any manner of: (a) taking or exercising control of property....

...ter negligently drove it and injured *939 another. The primary wrinkle lies in Hertz's claim that the principle does not apply because its consent was procured by an act which was both fraudulent and a violation of a criminal law of the state. See §§ 812.012(2), 812.014, Fla....

...to the decided cases whenever it could be shown — as is likely often the case — that the prospective renter intended to violate the restrictions as to the vehicle's use at the time he rented it and had thus perpetrated a criminal fraud. [6] See §§ 812.012(2), 817.52(1) Fla....

...The proposed application of the term "theft" to a fraudulent taking is similarly insupportable. "Theft," considered as it was used in Susco in 1959, well before "theft" became a statutory crime in 1977, see the Florida Anti-Fencing Act, Ch. 77-342, §§ 3-4, Laws of Fla. (§§ 812.012, 812.014, Fla....

...(b) Appropriate the property to his own use or the use of any person not entitled thereto. The term "obtains or uses" found within the theft statute includes "conduct previously known as ... larceny, ... obtaining money or property by false pretenses, fraud, or deception... . § 812.012(2), Fla....

...ods where money is given in payment. We find that appellant's reliance on Dixon and its stream of commerce language is misplaced. The statute is clear that an endeavor to sell property known to be stolen constitutes trafficking. See §§ 812.019(1), 812.012(7)(a), Fla....

...NOTES [1] Section 812.019(1), Florida Statutes (1987), provides: Any person who traffics in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083 and 775.084. Under section 812.012(7), Florida Statutes (1987), trafficking is defined as follows: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

Sentencing Guidelines Form for Category 3 (Robbery: Section 812.12). (R. 416-417). Appellant claims that the trial

...item at the time of the theft. "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1)....

. WILSON carried a weapon, contrary to Florida Statute 812.12(1) and (2)(b)." Wilson first contends that

...(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. § 812.014, Fla. Stat. Property is defined as anything of value and includes real property, tangible or intangible personal property including rights, privileges, interests, claims, and services. § 812.012, Fla....

...ent to, either temporarily or permanently, appropriate the property to his own use. § 812.014, Fla. Stat. (1993). A person "obtains or uses" property by obtaining the property by fraud, willful misrepresentation of a future act, or a false promise. § 812.012, Fla....

...take the money. Therefore, he contends the evidence was not inconsistent with his reasonable hypothesis of innocence. We disagree. Hurley willfully misrepresented to the victim that he would send the money to the Georgia dealership as a deposit. See § 812.012, Fla....

...f "general public interest and [continuing] importance," Dewberry v. State, 472 So.2d 792, 793 (Fla. 1st DCA 1985), receded from on other grounds in Wilkerson v. State, 480 So.2d 213, 214 (Fla. 1st DCA 1985). We agree with the trial court that under section 812.012(9)(a)2, Florida Statutes (1983), [4] the value of the stolen money orders would be reflected by the amounts stamped on them, since the result would be to render the money orders fully negotiable....

...shall be construed most favorably to the accused. [3] Contrary to the state's assertion, the trial testimony contains no evidence that the money orders numbered 998 and 999 were stolen at a different time from the remainder of the money orders. [4] Section 812.012(9)(a)2, Florida Statutes (1983), provides in pertinent part: ......

...As noted, no evidence, direct or circumstantial, tied M.D.S. to the taking of the Acura from the owners' residence. But the phrase "obtains or uses" encompasses more than just a taking. It can also mean "exercising control" over the property or making an "unauthorized use" of it. § 812.012(3)(a), (b) (defining the term "obtains and uses" for purposes of chapter 812)....

...other with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. Further, Fla.Stat. § 812.012(2)(d) states: "`Obtains or uses' means any manner of: ......

...d. As to the second prong of dual criminality, the Court finds that embezzlement as defined in Article 140 of the Swiss Penal Code, is also a crime in the State of Florida. Embezzlement is covered by Florida's general theft statutes. See Fla.Stat. §§ 812.012(2)(d), 812.014(1)....

...It is also a crime in the State of Florida. Florida's general theft statute criminalizes "conduct previously known as ... embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception." Fla.Stat. § 812.012(2)(d)....

...s or uses" means any manner of: .... [1] [c]onduct previously known as stealing; larceny; purloining; abstracting; embezzlement, misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception.... § 812.012(2)(d)1, Fla....

...775.084. (b)1. If the property stolen is valued at $20,000 or more, but less than $100,000; .... the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, 775.083, or s. 775.084. Section 812.012(9) defines "Value" for the purpose of the theft statute and provides in relevant part: (c) Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from t...

...The majority held that "[e]ach invoice was a separate taking, concluding the specific work requested in each county purchase order." Id. The majority ruled that only the final invoice fell within the five year statute of limitations. Judge Cope, in dissent, relied in part on the language contained in section 812.012(9)(c) referenced above, which the majority opinion did not even mention....

...Extension of the statute of limitations is not implicated here. The defendant does not argue that any of the illegal conduct charged here occurred outside the five year statute of limitations period. Diaz is limited to its facts, particularly given section 812.012(9)(c) which, assuming no statute of limitations issues, expressly recognizes the concept of "one scheme or course of conduct" and aggregation of property taken in connection therewith....

...al to a conviction *1373 for grand theft and must be established by the state beyond a reasonable doubt. Negron v. State, 306 So.2d 104 (Fla.1974); M.H. v. State, 614 So.2d 657 (Fla. 2d DCA 1993); Cofield v. State, 474 So.2d 849 (Fla. 1st DCA 1985). Section 812.012(9)(a)(1), Florida Statutes (1995), states: Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense....

...The applicable civil theft statute, section 772.11, Florida Statutes (2001), provides, in pertinent part, Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 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 reasonable attorney's fees and court costs in the trial and appellate courts....

...Under section 812.014, Florida Statutes (2001), the only statutory section potentially applicable to Mulholland's claims, a person "commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another[.]" Section 812.012(3) defines "obtains or uses" as any manner of: (a) Taking or exercising control over property....

...(d) 1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or *57 2. Other conduct similar in nature. § 812.012(3)....

...812.014 (1989), the omnibus theft statute, incorporates into its terms the former separate offenses of stealing, larceny, purloining, abstracting, embezzlement, misapplication, misappropriation, conversion, and obtaining money or property by false pretenses, fraud, or deception. Id. See, Fla.Stat. § 812.012(2)(d)1; State v....

...or uses" means any manner of: * * * * * [c]onduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception.... § 812.012(2)(d)1., Fla.Stat....

...State, 453 So.2d 1139, 1142 (Fla. 2d DCA 1984); Adams v. State, 443 So.2d 1003, 1006-07 (Fla. 2d DCA 1983). Under the "Florida Anti-Fencing Act," however, theft is more than just larceny or theft by false pretenses. Theft also includes the common-law crime of embezzlement. § 812.012(2)(d)1., Fla.Stat....

...1st DCA 1985). Value is defined as “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)1., Fla....

...The value of tangible property is established by "the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1)....

...Here, as the trial court pointed out, the State presented no evidence of value at all. But the statute defining the term "value" provides that if the actual value cannot be ascertained, the jurors may find that it is "not less than a certain amount[.]" § 812.012(10)(b)....

...We have found only one reported case in which, as here, the State presented no admissible evidence of the stolen property's value and the value nevertheless was deemed to meet the grand theft minimum amount. That decision, Jackson v. State, 413 So.2d 112, 114-15 (Fla. 2d DCA 1982), was the first to apply section 812.012(10)(b) so as to permit the jury to find that stolen property was worth "not less than a certain amount." In Jackson, the stolen property was a nearly new, thirty-seven-foot sailboat....

...preted the "minimum value" provision of the theft statute. Marrero v. State, 71 So.3d 881 (Fla.2011). " Jackson improperly breathes an extremely broad interpretation of a narrow statutory provision into the criminal theft statute," the court wrote. "Section 812.012(10)(b) provides that `[ i]f the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount.' (Emphasis supplied.)" Id....

...This misinterpretation of the criminal theft statute is not supported by any authority whatsoever and in fact runs contrary to the plain language of the criminal theft statute and the criminal mischief statute. We therefore disapprove of Jackson's disregard of the impossibility prerequisite articulated in section 812.012(10)(b)....

...value of the stolen items, i.e., "the market value of the property at the time and place of the *500 offense or, if such [could not] be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1)....

...That being the case, the "minimum value" exception to the State's burden to prove the value of the stolen property was not applicable. In any event, we note that a number of cases decided before Marrero have held that allowing a jury to determine a minimum value under section 812.012(10)(b) is permissible only in "those rare cases where the minimum value of an item of property is so obvious as to defy contradiction." Weatherspoon v....

...harger, sufficient to meet the grand theft threshold when the State presented slim evidence of the condition of the items); K.W., 13 So.3d at 92 (rejecting the notion that a nice cell phone automatically met the "minimum value" for grand theft under section 812.012(10)(b)); Doane v....

...Thus, as was alleged in this case, the theft would be a third-degree felony "if the property stolen is valued at $100 or more, but less than $300" and is taken from a dwelling. § 812.014(2)(d) (emphasis supplied). The methods for proving value set forth in section 812.012(10) make no reference to the defendant's subjective belief about the value of the property....

...Snyder then fraudulently purchased the items by tendering a counterfeit cashier's check. Each check bore the same forged bank name, account name and misspelled city; all checks were prepared on the same typewriter. The statewide prosecutor aggregated the thefts and charged Snyder with one count of grand theft. See § 812.012(9)(c), Fla....

..., in two or more judicial circuits as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits. Section 812.005, Florida Statutes (1995) provides that sections 812.012-812.037, which include grand theft, the offense with which Snyder was charged, shall be known as the Florida Anti-Fencing Act....

...The statewide prosecutor has jurisdiction where the offense or offenses occur "as part of a related transaction." Importantly, the information consolidated all four thefts and charged Snyder with only one count of Grand Theft in the Second Degree, in violation of subsections 812.012(9)(c) and 812.014(2)(b), Florida Statutes (1995). Subsection 812.012(9)(c) states: Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense....

...Although the offenses lack a relationship in terms of having taken place in one episodic period, the facts do sufficiently show that Snyder conducted them pursuant to one scheme. Since consolidation of Snyder's four thefts into one grand theft count was permissible under subsection 812.012(9)(c), we conclude the office of the statewide prosecutor had jurisdiction to bring the grand theft charge against Snyder as part of a related transaction involving numerous thefts committed in two or more judicial circuits....

...Under chapter 812 one who deprives another of the right to property or "a benefit therefrom," § 812.014(1)(a), Fla. Stat., commits a theft. Property is further defined as "anything of value," including "tangible or intangible personal property, including rights, privileges, interests and claims." § 812.012(3)(b), Fla....

...The defense argued that the removal of the items at issue and its "return" to the possession of the store did not constitute a theft, and that without their $91.00 value the taking of the travel kit constituted nothing more than petit theft. The court observed that section 812.012(3), Florida Statutes (1979), [3] defines "property" as anything of value, including "intangible personal property, including rights, privileges, interests, and claims." Given this definition, the court concluded that "credit on a char...

...On a charge of grand theft of the third degree, the state is required to prove that the value of the stolen property at the time of the theft is $300 or more. § 812.014(2)(c), Fla. Stat. (2009). “Value means the market value of the property at the time and place of the offense” § 812.012(10)(a)1., Fla....

...On a charge of grand theft of the third degree, the state is required to prove that the value of the stolen property at the time of the theft is $300 or more. § 812.014(2)(c), Fla. Stat. (2009). "Value means the market value of the property at the time and place of the offense" § 812.012(10)(a)1., Fla....

...775.082, 775.083, and 775.084.” As used in this section, “traffic” means: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property, or (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. § 812.012(8)....

...troduce competent, substantial evidence showing that the value of the stolen property exceeded [the value alleged in the charge]."). And where there is no competent evidence of value presented, the value is deemed to be an amount less than $100. See § 812.012(10)(b) ("[I]f no ......

...the stolen laptop, which was “approximately two years old,” and around $130 each for the stolen camera and iPod, which were both less than six months old. “Value means the market value of the property at the time and place of the offense[.]” § 812.012(10)(a)l., Fla....

...rent value.” Aycock v. State, 87 So.3d 1259, 1260 (Fla. 4th DCA 2012). See, e.g., Austin v. State, 64 So.3d 139 (Fla. 4th DCA 2011). The state, therefore, failed to prove the market value of the items was $100 or more at the time of the offense. §§ 812.012(10)(a)l., 812.014(2)(d), Fla....

...Section 812.014(3)(a), Florida Statutes (2009), provides that "[t]heft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree.” We note that "the trier of fact may find the value to be not less than a certain amount” under section 812.012(10)(b), Florida Statutes (2009), only where "the value of property cannot be ascertained,” which is distinct from "the State's failure to present evidence of value (although capable of valuation).” Marrero v....

...The trial court explicitly declined to instruct the jury on theft. Section 812.019(1), Florida Statutes, provides: (1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree. . . . § 812.019(1). As used in ss. 812.012-812.037: (8) "Traffic" means: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property. (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. § 812.012(8), Fla....

...is essentially innocent." Tomas, 370 So.2d at 1143. We also note that "property" is statutorily defined as "anything of value," including real property and the things affixed or growing on it, tangible or intangible personal property, and services. § 812.012(3), Fla....

...ty.” “Obtains or uses” includes “[cjonduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception.” § 812.012(3)(d)l., Fla....

...ve 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. § 812.014(1), Fla. Stat. (2008) (emphasis added). Section 812.012(3), Florida Statutes (2008), defines “obtains or uses” as including “[ojbtaining property by fraud, willful misrepresentation of a future act, or false promise.” § 812.012(3)(c), Fla....

...s of the crime beyond a reasonable doubt, sufficient evidence exists to sustain a conviction.” Id. In order to prove grand theft, the state must prove that the value of the stolen items was at least $300. § 812.014(2)(c)1., Fla. Stat. (2014). Section 812.012(10)(a)1., Florida Statutes (2014), defines “value” as “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reas...

...Trafficking means "[t]o sell, transfer, distribute, dispense, or otherwise dispose of property" or "[t]o buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property." § 812.012(8), Fla....

...." The term traffic is defined to mean: "(a) To sell, transfer, distribute, dispense, or otherwise dispose of property. (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property." § 812.012(8), Fla....

...gly obtain[ed] or use[d]" the property of another with the intent to deprive the lawful owner of his property. The definition of "obtains or uses" includes "obtaining property by fraud, willful misrepresentation of a future act, or a false promise." § 812.012(2), Fla....

...Stat. (2010). “Value” is defined as “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)(l); see Colletti v....

...State, 74 So.3d 497, 499 (Fla. 2d DCA 2011). Where the value of the stolen property cannot be ascertained, “the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.” § 812.012(10)(b)....

...Here, the State presented testimony that the industrial park suffered an estimated $100,000 in losses from an earlier crime, but it provided no evidence that the copper coil Sutton was accused of attempting to steal was worth more than $300 or that it was impossible to ascertain the value of the coil. See § 812.012(10)(a) & (b)....

...iction for grand theft. In Florida, a conviction for theft under section 812.014, Florida Statutes (2008), may be accomplished where the defendant obtained the subject property "by fraud, willful misrepresentation of a future act, or false premise." § 812.012(1)(c), Fla....

...ctual sale price because the sale price is intended only for customers who purchase at that price, not for those who take the goods without paying. The statute defines value as "the market value of the property at the time and place of the offense." § 812.012(10)(a)1, Fla....

...stolen property knowing the same to be stolen, which was essentially the former offense of "receiving stolen property." The offense of "dealing" in stolen property is committed by one who "traffics" in such property, the term "traffic" as defined in Section 812.012(7)(a) meaning "To sell, transfer, distribute, dispense or otherwise dispose of property" or, under subparagraph (7)(b), "To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispe...

...No other evidence was given to establish the value of the items at the time of the theft. "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1)....

motor vehicle had been stolen. Definitions. § 812.012(3), Fla. Stat. “Property” means anything of value

...2002)) (internal citations omitted). “‘Value’ is an essential element of grand theft that must be proven by the State beyond and to the exclusion of every reasonable doubt.” Sanchez v. State, 101 So. 3d 1283, 1286 (Fla. 4th DCA 2012). Section 812.012(10)(a)1. states that “[v]alue means the market value of the property at the time and place of the offense, or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)1., Fla....

...ily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. “Obtains or uses” is explained in Florida Statutes, Section 812.012(2)(c) (1995): “Obtaining property by fraud, willful misrepresentation of a future act, or false promise.” In HTP, Ltd....

..."Traffic[king]" is defined as either, "To sell, transfer, distribute, dispense, or otherwise dispose of property" or, "To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. " § 812.012(8)(a),(b), Fla....

...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. Under section 812.012(3)(a)-(c), Florida Statutes: (3) ‘Obtains or uses’ means any manner of: (a) Taking or exercising control over property....

PER CURIAM. Affirmed. Medina v. State, 466 So.2d 1046 (Fla.1985); Section 812.012(2), Florida Statutes (1987).

...The Appellant contends that the witness’ testimony regarding the dollar amount contained on the price tags constituted inadmissible hearsay.1 While a charge of theft of retail merchandise is prosecuted pursuant to the general theft statute (sections 812.012 and 812.014, Florida Statutes (2013)), it is also subject to separate and more specific statutory treatment under section 812.015. Under the general theft provisions, “value” is defined in relevant part as follows: 1 The Appellant thus contended, both at the adjudicatory hearing and on appeal, that the admissible evidence was insufficient to establish that the value was $100 or more, therefore requiring the charge be reduced to second-degree petit theft, a second-degree misdemeanor. See §§ 812.012(10(b); 812.014(3)(a), Fla....

...Stat. (2012). 2  Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. § 812.012(10)(a)1., Fla....

stealing' and embezzlement is clearly supported by section 812.012(2), Florida Statutes (1987), where the phrase

...existence of the ‘partnership.’ ” Motion to Dismiss at 5 ¶ 27. Florida Statutes § 772.11 provides that “[a]ny person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s....

...rily or permanently: (a) [djeprive the other person of a right to the property or a benefit from the property [or] (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.” Fla. Stat. § 812.012 (1)....

...Although Plaintiffs have not asserted a separate cause of action for conversion against Mr. Hartley, see Am. Compl. ¶¶ 216-225, the Court finds that he may be held liable for the conversion and embezzlement committed by his co-conspirators, Mattera and van Siclen under Florida’s Civil Theft Statute. Florida Statutes § 812.012 defines “taking or exercising control over property” as “[e]onduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception.” Fla. Stat. § 812.012 (l)(d) (emphasis added)....

...testimony insufficient to establish the fair market value of the tools). The State can introduce evidence of the replacement cost of stolen property if the market value at the time and place of the offense cannot be satisfactorily ascertained. § 812.012(10)(a)(1)....

than petit theft. The court observed that section 812.012(3), Florida Statutes (1979),3 defines “property”

...rywide. Because intent is a state of mind, it is usually proven with circumstantial evidence. See Sebastiano v. State, 14 So. 3d 1160, 1164 (Fla. 4th DCA 2009). Concerning motions for judgment of acquittal where the State’s evidence is 3Section 812.012(3), Florida Statutes (2006), in turn, defines “obtains or uses” as any manner of: (a) Taking or exercising control over property. (b) Making any unauthorized use, disposition, or transfer of property. (c) Obtain...

...than $20,000 at the time of the theft. “Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)(1), Fla. Stat. (2019). 3 “The general rule under the theft statute is that value means fair market value at the time of the theft.” Bloodsaw v. State, 994 So. 2d 378, 379 (Fla. 3d DCA 2008) (citing § 812.012(10)(a)(1), Fla....

...tment of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. § 812.012(1), Fla....

...Stat. “Unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012(3), Fla....

...abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or other conduct similar in nature. “Endeavor” means to attempt or try. § 812.012(4), Fla....

...Stat. “Property” means anything of value, and includes: [real property, including things growing on, affixed to and found in land.] [tangible or intangible personal property, including rights, privileges, interests, and claims.] [services.] § 812.012(6), Fla....

...[professional services.] [private, public or government communication, transportation, power, water, or sanitation services.] [lodging accommodations.] [admissions to places of exhibition or entertainment.] § 812.012(10), Fla....

...eir purchase." Pickett v. State, 839 So. 2d 860, 861-62 (Fla. 2d DCA 2003). The State can introduce evidence of the replacement cost of stolen property if the market value at the time and place of the offense cannot be satisfactorily ascertained. § 812.012(10)(a)(1)....

...While several items were taken from the convenience store, there was no *51 evidence at trial that individually or together the items were worth $100 or more. Testimony as to the nature of the items taken is not enough. Grand theft requires proof of the market value when the items were taken. § 812.012(9)(a), Fla.Stat....

...Under the theft statute, the State must prove value by “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)(l). Section 812.012(10)(b) provides that “[i]f the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.�...

...theft.” In the Interest of F.R., 539 So.2d 588, 590 (Fla. 1st DCA 1989). See also Negron v. State, 306 So.2d 104, 107-108 (Fla.1974); Cofield v. State, 474 So.2d 849, 850 (Fla. 1st DCA 1985) Evans v. State, 452 So.2d 1040, 1041 (Fla. 2d DCA 1984). Section 812.012(9)(a)l., Florida Statutes, defines “value” thusly: (a)l....

...(2008). "Obtains or uses" includes "taking or exercising control over property, making an unauthorized use, disposition or transfer of property, or obtaining property by fraud, willful misrepresentation of a future act, or false premise." § 812.012(3)(a)-(c). It is well settled that "[g]enerally, an appellate court will not reverse a conviction that is supported by competent, substantial evidence." Caylor v....

...Walls' name for him to be a caretaker of her money. Mr. Walls' conduct is the sort that the legislature sought to punish when it defined "obtain or use" for the purposes of the theft statute as "obtaining property by fraud, willful misrepresentation of a future act, or false premise." § 812.012(3)(c); see also Starling v....

...ing argument to the jury that the value of the victim’s stolen wallet and its contents did not amount to $300.00 unless the jury could consider two automatic teller machine cards (ATM cards) in the wallet as “written instruments” as defined by section 812.012(9), Florida Statutes (1991), which provides the following definition of “value” in regard to the crime of theft: (9) ‘Value” means value determined according to any of the following: (a) 1....

...coverage of the losses appellants sustained. We consider that the lower court’s construction of the word “conversion” fails to recognize that conversion, as applied to the facts at bar, is included within Florida’s Anti-Fencing Act (Sections 812.012-812.037, Florida Statutes) as one means of carrying out theft, and it is uncertain from the words used in the exclu *839 sionary clause whether they pertain to a taking which is accomplished by fraudulent inducements....

...her with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. (emphasis supplied.) Section 812.012(2)(c) and (d)l....

...QUASH . SENTENCE AND COST AWARD; REMAND. DANIEL, C.J., and COBB, J., concur. . § 812.014(2)(c)4., Fla.Stat. (1987). . § 810.02, Fla.Stat. (1987). .On remand, this judgment should be corrected to show reference to the proper criminal statute, i.e., section 812.012(2)(c)4., rather than section 812.014(2)(b), Florida Statutes (1987)....

within a reasonable time after the offense.” § 812.012(10)(a)1., Fla. Stat. (2015). “The value of tangible

...od-faith belief in his right to them. We disagree. Section 812.014, Florida Statutes (1997), makes it an offense to knowingly obtain or use the property of another with intent to deprive the other person of a right to or a benefit from the property. Section 812.012(3), Florida Statutes (1997), defines *270 “property” as “anything of value,” which includes: “(b) Tangible or intangible personal property, including rights, privileges, interests, and claims.” Section 812.012(4) defines “property of another” as “property in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person also has an interest in the, property.” A...

...However, the appellant was not charged with engaging in “bootleg” activities. Instead, he was charged with dealing in stolen royalty rights and/or services, which belonged to various performers, not under federal copyright law, but under various private contracts. These private contractual rights constitute property, see § 812.012(3)(b), Fla.Stat., that are not within the ambit of the federal copyright law....

...m at the time of the theft. “Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)(l)....

...ause State v. Diaz, 814 So.2d 466 (Fla. 3d DCA 2002), was decided on the issue of the statute of limitations pursuant to section 812.035(10), Florida Statutes (1995), and the present case was decided on the basis of the aggregation *580 provision in section 812.012(9)(c), 1 Florida Statutes (2001)....

...Accordingly, express and direct conflict does not exist, and this review proceeding is hereby dismissed. It is so ordered. PARIENTE, C.J., and WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ., concur. LEWIS, J., dissents. . This provision was renumbered to be section 812.012(10)(c) in 2005.

...conviction. Gilbert v. State, 817 So.2d 980, 982 (Fla. 4th DCA 2002). If the market value cannot be ascertained, the replacement cost of the property within a reasonable time after the offense can be used to establish the value of the stolen goods. § 812.012(10)(a)1, Fla....

...In order to prove the crime of dealing in stolen property, the state must prove that the defendant trafficked in, or endeavored to traffic in, property he knew or should have known was stolen. § 812.019(1), Fla. Stat. “ ‘Stolen property’ means property that has been the subject of any criminally wrongful taking.” § 812.012(7), Fla....

...“Traffic” means “[t]o sell, transfer, distribute, dispense, or *1047 otherwise dispose of property” or “[t]o buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.” § 812.012(8)(a), (b), Fla....

...e of entrapment, the State must convince you beyond a reasonable doubt that the defendant was not entrapped”; (12) A new instruction on ACCESSORY AFTER THE FACT, F.S. 777.03; (13) A new definition of the words “obtains or uses” as set forth in section 812.012, F.S....

Florida Statutes (Supp. 1992 & 1991), not section 812.12. AFFIRMED in part, REVERSED in part and REMANDED

...offense, yet sufficient enough for downward departure. One either consents to have his property taken or he does not. Indeed, it is inconsistent with the basic concept of theft for a theft victim to willingly participate in the stealing of his own property. See § 812.012(5), Fla....

...Accordingly, we hold that the victim's "willing participation" is not a valid ground for departure here. Banks, 732 So. 2d at 1067. Under the circumstances, it was reversible error for the court to depart downward on the basis that the victim willingly participated in the theft of his own money. § 812.012(5); Jenkins, 898 So....

...4th DCA 2012)). “Value” is defined as “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)1., Fla....

regard. AFFIRMED. COBB and GOSHORN, JJ., concur. . § 812.12(2)(a), Fla.Stat. (1991). . § 812.13, Fla.Stat

constitute property which is the subject of theft. Section 812.012(3), Florida Statutes (1979), defines “property”

...now has been the subject of any criminally wrongful taking. See Fla. Stat. § 812.019 (1) (“Any person who traffics in ... property that he or she knows or should know was stolen shall be guilty of a felony of the second degree____”); Fla. Stat. § 812.012 (8) (defining trafficking to include selling); Fla. Stat; § 812.012(7) (defining “stolen property” as “property that has been the subject of any criminally wrongful taking”)....

...Mentó violated Florida Statutes §§ 812.019 and 538.04. First, by selling a ring that he knew he did not have legal authority to sell, Mentó knowingly sold property that was subject to a criminally wrongful taking. 3 See Fla. Stat. §§ 812.019 , 812.012(7), 812.012(8)....

...775.082, 775.083, and 775.084." As used in this section, "traffic" means: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property, or (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. § 812.012(8)....

...Johnson Company, Inc., 438 So.2d 917, 921 (Fla. 1st DCA 1983). This Court has previously determined that a conversion of plaintiffs' property occurred when it was taken from Dr. Williamson's office. The act of conversion constitutes an offense of "theft" under the provisions of Section 812.012(2)(d)(1), Florida Statutes (1979)....

...Accordingly, the court dismissed the information charging Scarfo with grand theft since the value taken at any one time did not exceed $100.00. On appeal, the state contends that the trial court erred in dismissing the information. The state argues that under section 812.012(9)(c), Florida Statutes (1983), it was entitled to aggregate the amounts taken on the four days so as to exceed the $100 threshold for grand theft. Section 812.012(9)(c) provides as follows: Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense....

...h cannot be aggregated. In support, Scarfo cites Adjmi v. State, 154 So.2d 812 (Fla.1963), Hearn v. State, 55 So.2d 559 (Fla.1951), and Hamilton v. State, 129 Fla. 219 , 176 So. 89 (1937). These cases, however, were decided prior to the enactment of section 812.012(9)(c)....

Statutes (1997). Property is “anything of value.” § 812.012(3). Value is “the market value of the property

...duce competent, substantial evidence showing that the value of the stolen property exceeded [the value alleged in the charge]."). And where there is no competent evidence of value presented, the value is deemed to be an amount less than $100. See § 812.012(10)(b) ("[I]f no ....

...statement in an application for a vehicle title (Count IX), in violation of section 319.33(l)(e), Florida Statutes. We affirm his conviction on Count IX, but remand for resentencing on that count, and reverse his convictions on Counts III and VIII. Section 812.012(7) defines “traffic” to mean: (a) to sell, transfer, distribute, dispense or otherwise dispose of property, (b) to buy, receive, possess, obtain control of, used property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property....

...In our case, appellant was charged under section 812.019(1), Florida Statutes (1997), which provides: “(1) Any person who traffics in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree[.]” This provision must be read in pari materia with section 812.012(7), Florida Statutes (1997), which defines the term traffic....

...he intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.” See Fla. Std. Jury Instr. (Crim.) 56. (The Standard Jury Instruction on section 812.09(1), Florida Statutes (1997), encompasses the quot *671 ed language in section 812.012(7), Florida Statutes (1997))....

...esser included offense of petit theft and resentence him on that count. For a charge of grand theft, the state had the burden of proving, inter alia, that the value of the property stolen was $300 or greater. See § 812.014(2)(c), Fla. Stat. (2005). Section 812.012(10)(a)l., Florida Statutes (2005), defines “value” as “the market value of the property at the time and place of the offense.” “The value of tangible personal property may be proved with evidence of the original purchase pri...

...ly or temporarily deprive the other person of a right to the property or a benefit from the property. § 812.014(l)(a), Fla. Stat. (2008). This includes “[obtaining property by fraud, willful misrepresentation of a future act, or false promise.” § 812.012(3)(c)....

...§ 812.014(2)(e), Fla. Stat. (2006). “Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)(l)....

...wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. § 812.012(3), Fla....

...Stat. “Property” means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. § 812.012(7), Fla....

within a reasonable time after the offense.” § 812.012(10)(a), Fla. Stat. (2005). “Value may be established

2121652 (Fla. 4th DCA May 15, 2019) (quoting § 812.012(10)(a)(1), Fla. Stat. (2016) ). "Because the value

2121652 (Fla. 4th DCA May 15, 2019) (quoting § 812.012(10)(a)(1), Fla. Stat. (2016) ). "Because the value

“anywhere from a hundred to two hundred dollars.” Section 812.012(9)(b), Florida Statutes (1995), provides that

...As noted, no evidence, direct or circumstantial, tied M.D.S. to the taking of the Acura from the owners’ residence. But the phrase “obtains or uses” encompasses more than just a taking. It can also mean “exercising control” over the property or making an “unauthorized use” of it. § 812.012(3)(a), (b) (defining the term “obtains and uses” for purposes of chapter 812)....

...3d 155, 156 (Fla. 1st DCA 2016). “Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property taken within a reasonable time after the offense.” § 812.012(10)(a)1., Fla....

...contends the state did not put forth sufficient evidence to establish that the necklace was worth at least $100 because the victim was not competent to testify to its value. The state suggests that the trial court properly found the value of the necklace to be not less than $100 pursuant to section 812.012(10)(b), Florida Statutes (2011): (10) “Value” means value determined according to any of the following: (a)1....

...Without personal knowledge of the value or cost of the necklace, the victim’s testimony was insufficient to establish the value of the necklace to be at least $100. Moreover, the state’s argument that the trial court properly found that the necklace was not less than $100 pursuant to section 812.012(10)(b) must fail. Section 812.012(10)(b) provides, “[i]f the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount.” In interpreting this provision, the Florida Supreme Court has held that “[a] plain r...

...[to] the State's failure to present evidence of value (although capable of valuation).” Marrero v. State, 71 So. 3d 881, 888-89 (Fla. 2011) (emphasis in original); see also Olivera v. State, 117 So. 3d 433, 434 n.1 (Fla. 4th DCA 2013) (noting that section 812.012(10)(b) is not a mere alternative to establishing market or replacement value, but rather may only be applied if “the value of the property cannot be ascertained”) (emphasis in original). Inexplicably, the state offered no alt...

...The defendant maintained that because the taking was by the voluntary consent of the owner, he could not have been properly charged under the theft statute. The trial court granted the defendant’s motion to dismiss. In 1977 the Florida legislature enacted sections 812.012-812.037, Florida Statutes (1977), known as the Anti-Fencing Act....

...r endeavors to obtain or to use, the property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom. (b) To appropriate the property to his own use or to the use of any person not entitled thereto. Section 812.012, Florida Statutes (1981), defines “property of another” as: property in which a person has an interest upon which another person is not priv *1342 ileged to infringe without consent, whether or not the other person also has an interest in the property....

...The legislature codified the particular situation we are faced with in the instant case in section 812.028. The section specifically provides: 812.028 Defenses precluded. — It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that: (1) Any strategem or deception, including the use of an undercover operative or law enforcement officer, was employed....

...(2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided. (3) Property that was not stolen was offered for sale as stolen property. (4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037....

...Proof of possession of recently stolen property, unless satisfactorily explained, give rise to an inference that the person in possession of the property knew or should have known that the property had been stolen. Definitions; give if applicable. § 812.012(1), FlaStat....

...See Chapter 395, Fla.Stat. § 812.0U(2)(b)8, FlaStat. “Emergency medical aircraft or vehicle” means any aircraft, ambulance or other vehicle used as an emergency medical service vehicle that has been issued a permit in accordance with Florida law. § 812.012(3 2), FlaStat....

...(d) (1) Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or (2) Other conduct similar in nature. “Endeavor” means to attempt or try. § 812.012(4.3), FlaStat....

...— Therefore, do not read the allegation of prior conviction or send the information or indictment into the jury room-. — The historical fact of a- -previous■ eonviction shall.be determined by the judge, and shall thereby fix the-degree' of the crime . State of Florida v. Harris, 356 So.2d 815 (FlaJWQr § 812.012(6 &), FlaStat....

...includes: repairs or improvements to property; professional services; private, public or government communication, transportation, power, water or sanitation services; lodging accommodations; and admissions to places of exhibition or entertainment. § 812.012(10»), FlaStat....

...3d 849, 851 (Fla. 2d DCA 2012). "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1)....

...Even considering these options for proving value, "[i]f the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100." § 812.012(10)(b)....

...Section 812.014(2)(c), Florida Statutes (2017) provides that “if the property stolen is: 1. Valued at $300 or more, but less than $5000” it is grand theft of the third degree. The term “value” has been defined in the theft statute. The relevant part of section 812.012(10), Florida Statutes (2017) provides: (10) “Value” means value determined according to any of the following: (a)1....

...Further, her estimate that it was “probably” worth $3,000 is speculative. Because there was no legally sufficient evidence to prove that the stolen items were valued at $300 or more, the court erred in denying a judgment of acquittal as to grand theft, although appellant could be found guilty of petit theft. See § 812.012(10)(b), Fla....

...or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently . . . [d]eprive the other person of a right to the property or a benefit from the property. § 812.014(1)(a), Fla. Stat. (2004) (emphasis added). Section 812.012(3), Florida Statutes (2004), defines “[o]btains or uses” as “any manner of . . . [m]aking any unauthorized use, disposition, or transfer of property [or] [o]btaining property by fraud, willful misrepresentation of a future act, or false promise.” § 812.012(3)(b) & (c), Fla....

Resentenc-ing. PETERSON and PALMER, JJ., concur. . § 812.12, Fla. Stat. (1997). . Nelson v. State, 274 So

State, 413 So.2d 112, 114 (Fla. 2d DCA 1982); § 812.-012(9)(a)l, Fla.Stat. (1981).

...g to any of the following: Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replace *1252 ment of the property within a reasonable time after the offense. § 812.012(9)(a)l., Fla. Stat. (2000). Section 812.012(9)(b) provides that: If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100....

...f a right to the property or a benefit therefrom. (b) Appropriate the property to his own use or to the use of any person not entitled thereto. The phrase “obtains or uses” is broadly defined to encompass any use, including unauthorized use. Id. § 812.012(2)....

...“Value” is defined as “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, 3 the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)1., Fla....

...he pawned the property, knew or should have known the property was stolen. Rather, he moved for judgment of acquittal on the sole basis that his pawning the property did not amount to trafficking in stolen property as “trafficking” is defined in section 812.012(7)(a) and (b). The trial court disagreed and instructed the jury in language tracking that of sections 812.019(1) and 812.012(7)(a) and (b). Section 812.012(7)(a) defines the term “traffic,” as used in section 812.019(1), broadly by utilizing the language “or otherwise dispose of such property.” Appellant would argue, however, that the pawning of stolen property does not amount to...

...That is, a person violates section 812.019(1), if he either traffics in, “or endeavors to traffic in,” property he knows or should know was stolen. Moreover, to “traffic” means not only “[t]o sell, transfer, distribute, dispense, or otherwise dispose of such property,” section 812.012(7)(a) [emphasis added], but also “[t]o buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.” Section 812.012(7)(b) [emphasis added]....

...When Scarfo moved to dismiss because the facts showed four separate thefts, the trial court agreed. However, the appellate court held that the separate thefts could be aggregated if they *1244 were committed pursuant to one scheme or course of conduct. Id. at 1349 ; see also § 812.012(9)(c), Fla....

Defendant was charged with robbery pursuant to section 812.12(a)(c), Florida' Statutes (1999). On November

...11 - of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. § 812.012(1), Fla....

...Stat. “Unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012(3), Fla....

...abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, deception; or other conduct similar in nature. “Endeavor” means to attempt or try. § 812.012(4), Fla....

...Stat. “Property” means anything of value, and includes: [real property, including things growing on, affixed to and found in land.] [tangible or intangible personal property, including rights, privileges, interests, and claims.] [services.] § 812.012(6), Fla....

...[professional services.] [private, public or government communication, transportation, power, water, or sanitation services.] [lodging accommodations.] [admissions to places of exhibition or entertainment.] § 812.012(10), Fla....

...such as labor, skill, or advice.”); Merriam-Webster Dictionary 456 (11th ed. 9 2019) (“Service . . . the act, fact, or means of serving; performance of official or professional duties.”). See also § 812.012(6), Fla....

...812.014 (1989), the omnibus theft statute, incorporates into its terms the former separate offenses of stealing, larceny, purloining, abstracting, embezzlement, misapplication, misappropriation, conversion, and obtaining money or property by false pretenses, fraud, or deception. Id. See, Fla.Stat. § 812.012(2)(d)l; State v....

...either transferring ownership of the money orders, disposing of the money orders, or possessing them with the intent to do that.” The clear import of the prosecutor’s argument was that the state had proven the element of trafficking under either Section 812.012(7)(a) or 812.012(7)(b), Florida Statutes....

...de at the first trial. Broad implications with regard to the definition of trafficking or the offense of dealing in stolen property should not be drawn from this decision. AFFIRMED. ERVIN, C.J., and MINER, CHARLES E., Jr., Associate Judge, concur. . Section 812.012(7) provides: “Traffic means: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...On these facts appellant was convicted of a violation of section 812.019(1), Florida Statutes (1979), which provides in part that *208 Any person who traffics in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree.... Section 812.012, Florida Statutes (1979), sets out definitions for the chapter and specifically provides: (6) “Stolen property” means property that has been the subject of any criminally wrongful taking....

...This cause is before us on appeal from a final judgment for conviction for dealing in stolen property under Florida Statutes, § 812.019. We find that no evidence was presented at trial to establish the “traffics in, or endeavors to traffic in” requirement of § 812.019, as defined in Florida Statutes, § 812.012, as follows: “Traffic means: “(a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...See § 812.014(2)(d), Fla. Stat. (2012). "Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." § 812.012(10)(a)(1). "If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100." § 812.012(10)(b)....

...the original purchase price of the phone, a fact which, when combined with testimony about the phone’s age, condition, and how it had been customized, would have supported a finding that the “market value” of the phone “at the time and place of the offense” was at least $300. § 812.012(10)(a)(1), Fla....

...ion 812.014, Florida Statutes (2014), but nolle prossed the charge at the beginning of trial. -2- property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property." § 812.012(8)(a)-(b)....

817 So.2d 980 (Fla. 4th DCA 2002). See also § 812.012(10)(a)1., Fla. Stat. (2017) (providing that "value"

817 So.2d 980 (Fla. 4th DCA 2002). See also § 812.012(10)(a)1., Fla. Stat. (2017) (providing that "value"

...We do not agree with appellant that what occurred in this case did not constitute a theft. Our theft statute, section 812.014(1), Florida Statutes (1999), defines theft as obtaining or using the property of another with the intent to deprive the person of a right to the property. The definition of property found in section 812.012(4)(c) includes “services.” Depriving the dealer of the amount it should have received from the labor was a theft....

$100.00 or more, but less than $20,000.00. Section 812.012(2) defines “obtains or uses” as: (a) Taking

...No other evidence was given to establish the value of the items at the time of the theft. “Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)(l)....

082, 775.083, and 775.084. (Emphasis added.) Section 812.012(4) defined “property of another” as meaning

Florida Statutes (1985), the State relied on section 812.-012(9)(c), Florida Statutes which provides: Amounts

1 See § 812.012, Fla.Stat. (1987).2 Specifically, a passenger neither takes “control,” § 812.012(2)(a)

...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 therefrom; (b) Appropriate the property to his own use or to the use of any person not entitled thereto. Section 812.012(2) defines “obtains or uses” as used in 812.014 to mean any manner of (a) Taking or exercising control over property....

...Although it appears that in each of the cited cases the defendant had possession or control of the stolen property, there was no explicit discussion of this specific element. Apparently, the definition of “obtains or uses” as including “making any unauthorized use” of property, § 812.012(2), Fla.Stat....

....”). Appellant argues that his criminal act was unlawfully pawning the two comput *1054 ers; however, that is not accurate. Section 812.019, Florida Statutes (2012), penalizes trafficking in property that defendant knows or should know was stolen. Section 812.012, Florida Statutes (2012), defines trafficking not only as selling or transferring property but also as buying, receiving, possessing, or obtaining control of property. § 812.012(8)(a)-(b), Fla....

...Give if applicable. If you find the defendant guilty of Failure to Return Hired or Leased Property, you must also determine whether the State proved beyond a reasonable doubt that the value of the property [or equipment] was $300 or more. Give if applicable. § 812.012(10), Fla....

...theft under section 812.014(2)(e), Florida Statutes (2016), applicable when “the property stolen is valued at $100 or more, but less than $300.” The issue on appeal challenges the sufficiency of the evidence of proof of “value” as defined in section 812.012(10)(a)1., Florida Statutes (2016): “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” Section 812.012(10)(b) addresses the circumstance in which “the value of property cannot be ascertained,” authorizing the trier of fact to find the value to be “not less than a certain amount,” or, “if no such minimum value can be ascertain...

...No witness testified as to depreciation, obsolescence by virtue of the release of a newer iPad model, 2 or bid-asked-sold data in the internet marketplace for a comparable and comparably-used iPad. While this may seem an onerous burden, there can be no doubt that proof of “value” as defined in section 812.012(10) is determinative in classifying the level of the offense....

...theft under section 812.014(2)(e), Florida Statutes (2016), applicable when “the property stolen is valued at $100 or more, but less than $300.” The issue on appeal challenges the sufficiency of the evidence of proof of “value” as defined in section 812.012(10)(a)1., Florida Statutes (2016): “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” Section 812.012(10)(b) addresses the circumstance in which “the value of property cannot be ascertained,” authorizing the trier of fact to find the value to be “not less than a certain amount,” or, “if no such minimum value can be ascert...

...ce by virtue of the release of a newer iPad model,2 or bid-asked-sold data in the internet marketplace for a comparable and comparably-used iPad. While this may seem an onerous burden, there can be no doubt that proof of “value” as defined in section 812.012(10) is determinative in classifying the level of the offense. Here, as in Contes v....

...The statutory offense of dealing in stolen property is defined in section 812.019(1): Any person who traffics in, or endeavors to traffic in, property that he knows or should know was stolen shall be guilty of a felony of the second degree .... Trafficking is defined in section 812.012(7): ‘Traffic’ means: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property....

...Penney but claimed that their fair market *402 value was less than the $100 minimum value necessary to be convicted under section 812.014(2)(b)(l), Florida Statutes (1981). The trial court instructed the jury on value by reading the standard grand theft jury instruction, founded upon section 812.012(9), Florida Statutes (1981)....

...say. The trial court also committed error in excluding the testimony of appellant’s investigator with respect to the store owner giving discounts on merchandise. Value is “the market value of the property at the time and place of the offense.” § 812.012(9)(a) Fla.Stat....

...an owner is generally presumed as competent to testify to the value of his stolen property.” Taylor v. State, 425 So. 2d 1191, 1193 (Fla. 1st DCA 1983). “Value means the market value of the property at the time and place of the offense[.]” § 812.012(10)(a)1., Fla....

...Under the theft statute, the State must prove value by “ ‘the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.’ ” Id. at 888 (quoting § 812.012(10)(a)(l))....

...r and does so with intent to, either temporarily or permanently, deprive the person of his or her right to the property or any benefit from it or to appropriate the property to his or her own use or to the use of any person not entitled to it. § 812.012(4), Fla....

...(2013). The term “value” is defined as “the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” § 812.012(10)(a)l, Fla....

...It appears, therefore, that there is but one crime established by the statute and that crime is “dealing in stolen property.” In State v. Tomas, 370 So.2d 1142, 1143 (Fla.1979), the supreme court upheld the constitutionality of section 812.019(1), stating: The terms “traffic” and “stolen property” are defined in section 812.012(6) and (7), from which it is clear that the statute applies only to certain acts relating to the disposition of “property that has been the subject of any criminally wrongful taking.” (Emphasis added)....

...Macriello’s PIN. Section 812.014(1) of the Florida Statutes (2013), Florida’s theft statute, provides: (1) A person commits theft if he or she knowingly obtains or uses,[8] or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: 8 Section 812.012(3) of the Florida Statutes (2013) defines “obtains or uses” as any manner of: (a) Taking or exercising control over property. (b) Making any unauthorized use, disposition, or transfer of property. (c...

Fla. Stat. (1989) (second degree felony). [4] § 812.12(1) and (2)(a), Fla. Stat. (1989) (first degree

...than $300, as required for grand theft of the third-degree. See § 812.014(1)(c)1, Fla. Stat. (2013). “Value” for purposes of theft under this section means “the market value of the property at the time and place of the offense. . . .” See § 812.012(10)(a)1, Fla....

...Crocker Mizner Park, Inc., 648 So.2d 168, 172 (Fla. 4th DCA 1994); see Wadlington v. Cont'l Med. Servs., Inc., 907 So.2d 631, 632 (Fla. 4th DCA 2005); Mejia v. Jurich, 781 So.2d 1175, 1177-78 (Fla. 3d DCA 2001). It is also consistent with theft by "false pretenses" under section *510 812.012(3)(d)1, Florida Statutes (2007); "[a] promise to do something in the future" will support a conviction for false pretenses if there is "evidence that the defendant knew at the time this promise was made that it would not be honored." Lash v....

...tation of a past or existing fact and will not support a conviction for false pretenses." Martin, 379 So.2d at 182. At the time Martin was decided, "false pretenses" was one of the methods of theft specified in the definition of "obtains or uses" in section 812.012(3)(d)1, Florida Statutes (1977). Significantly, in 1981, the legislature amended section 812.012(3)(c) to expand the definition of the conduct element of theft, "obtains or uses," to include a "willful misrepresentation of a future act, or false promise." Ch....

...In the present case, the state had the burden of proving, inter alia, that the value of the property Mr. Fritts unlawfully obtained was $300 or more. See § 812.014(2)(c), Fla. Stat. (2007). “Value means the market value of the property at the time and place of the offense ....” § 812.012(10)(a)l., Fla....

...tment of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. § 812.012(1), Fla....

...Stat. “Unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. § 812.012(3), Fla....

...conversion; or obtaining money or property by false pretenses, fraud, deception; or other conduct similar in nature. “Endeavor” means to attempt or try. - 15 -  § 812.012(4), Fla....

...Stat. “Property” means anything of value, and includes: [real property, including things growing on, affixed to and found in land.] [tangible or intangible personal property, including rights, privileges, interests, and claims.] [services.] § 812.012(6), Fla....

...rty.] [professional services.] [private, public or government communication, transportation, power, water, or sanitation services.] [lodging accommodations.] [admissions to places of exhibition or entertainment.] § 812.012(10), Fla....

...wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. § 812.012(3), Fla....

...Stat. “Property” means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. § 812.012(7), Fla....

...wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. § 812.012(3), Fla._Stat. “Property” means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. § 812.012(7), Fla....