Florida/Georgia Personal Injury & Workers Compensation

...Subsequently, West-Hem issued one or more invoices to APM charging approximately $25,000 for the blueprints, and APM paid. On August 27, 2004, Mazer pled guilty in Florida state court to a criminal charge of dealing in stolen property, in violation of Fla. Stat. § 812.019, in connection with his purchase and sale of the stolen Pratt blueprints....

...All three defendants were charged with civil theft, pursuant to Fla. Stat. §§ 812.014 and 772.11, and conversion; West-Hem and APM were charged with unjust enrichment; West-Hem and Mazer were charged with dealing in stolen property, pursuant to Fla. Stat. §§ 812.019 and 772.1; and all three defendants were charged with conspiring to commit the above torts. West-Hem moved the court to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief....

...2d DCA 2006). Like civil theft, a civil claim for dealing in stolen property requires an injury resulting from a violation of the criminal statute prohibiting dealing in stolen 12 property, Fla. Stat. § 812.019.12 Accordingly, to state a claim for dealing in stolen property, UTC must allege that West-Hem, with felonious intent, (1) trafficked in, or endeavored to traffic in, property that it knew or should have known was stolen, or (2) initiated, organized, planned, financed, directed, managed, or supervised the theft of property and trafficked in such stolen property. Fla. Stat. §§ 772.11 (providing civil remedy for theft or exploitation), 812.019 (criminal dealing in stolen property statute); cf....

...ns, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084. Fla. Stat. § 812.019. 13  Counts I, IV, VII, X, and XI appear to recite all of the required elements of these five claims against West-Hem....

...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 person, may be totaled in determining the grade of the offense. EXHIBIT 5 DEALING IN STOLEN PROPERTY (FENCING) F.S. 812.019(1) Before you can find the defendant guilty of (crime charged), the State must prove the following two elements beyond a reasonable doubt: Elements 1....

...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. DEALING IN STOLEN PROPERTY (ORGANIZING) F.S. 812.019(2) Before you can find the defendant guilty of (crime charged), the State must prove the following two elements beyond a reasonable doubt: *1215 Elements 1....

...� 812.014(2)(c)(d) Trade secrets — 812.081 Petit theft None No attempt — endeavor is 812.014(2)(e)(d) included within definition of theft Possession of altered None Attempt property — 812.016 Dealing in stolen None None property — trafficking — 812.019(1) Dealing in stolen 812.019(1) Attempt property — managing trafficking — 812.019(2) Robbery with a firearm Robbery with a weapon Attempt or deadly weapon — 812.13(2)(b) — 812.13(2)(a) Robbery — 812.13(2)(c) Grand theft 1st degree — 812.014(2)(a) Petit theft Grand theft 2d degree — 812.014(2)(e)(d) — 812.014(2)(b) Gr...

...unior high school, or secondary school, whether public or non-public. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2007. 14.2 DEALING IN STOLEN PROPERTY (FENCING) § 812.019(1), Fla....

...perty with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property. Lesser Included Offenses ------------------------------------------------------------------------------ DEALING IN STOLEN PROPERTY — TRAFFICKING — 812.019(1) ------------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA....

...-------------------------------------------------- Comment This instruction was adopted in 1981 and amended in 1989 [543 So.2d 1205], and in 2007, by adding the Inferences in § 812.022(2)-(6), Fla. Stat. 14.3 DEALING IN STOLEN PROPERTY (ORGANIZING) § 812.019(2), Fla.Stat....

...se property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property. Lesser Included Offenses ----------------------------------------------------------- DEALING IN STOLEN PROPERTY — MANAGING AND TRAFFICKING — 812.019(2) ----------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ----------------------------------------------------------- Dealing in stolen 812.019(1) 14.2 property ----------------------------------------------------------- None ----------------------------------------------------------- Comment This instruction was adopted in 1981 and amended in 1989 [543 So.2d 1205], and in 2007, by adding the Inferences in § 812.022(2)-(6), Fla....

...HILL, Circuit Judge: Robert Larry Crow appeals to this court from the district court’s denial of his petition for a writ of habeas corpus. The State *1225 of Florida tried Crow in October, 1979, for selling “bootleg” eight-track tapes in violation of Fla.Stat.Ann. § 812.019 (West Supp....

...Cases involving the voiding of one of two convictions because of double jeopardy concepts and cases under the now repealed [2] "single transaction rule" are not directly applicable. However, since dealing in stolen property is a felony of the second degree, § 812.019, Fla....

...(1979), and the State has convinced the jury beyond a reasonable doubt as to both, we reverse the less serious conviction. Accordingly, appellant's convictions and sentences for burglary, §§ 810.02(1); 810.02(3), Fla. Stat. (1979), and dealing (trafficking) in stolen property, § 812.019, Fla....

...We quash the decision in part as explained below. Hall was charged by information on the following counts in case No. 99-762-CF: (I) giving false information to a pawnbroker (more than $300); (II) burglary of a dwelling; (III) third-degree grand theft; (IV) dealing in stolen property under section 812.019(1), Florida Statutes (1999); (V) possession of cocaine; and (VI) use or possession of drug paraphernalia....

...f conduct, notwithstanding a plea of nolo contendere to both charges. In Goddard v. State, 458 So.2d 230 (Fla. 1984), we briefly stated that section 812.025 supplemented the theft statute (section 812.014) and the dealing in stolen property statute (section 812.019) "by providing that a defendant may be charged with both theft and dealing in stolen property, but cannot be found guilty of both crimes." Id. at 233. However, this Court has not specifically addressed section 812.025 as it relates to a plea of nolo contendere. To understand the correlation between section 812.014, the theft statute, and section 812.019, the dealing in stolen property statute, we examine the legislative history of the Florida Anti Fencing Act: [5] [S]ection 812.019, which is part of the Florida Anti-Fencing Act, Chapter 77-342, Laws of Florida, is intended to punish those who knowingly deal in property stolen by others....

...pensation, or disposition of the item. Id. (quoting Grimes v. State, 477 So.2d 649, 650 (Fla. 1st DCA 1985)). Under the dealing in stolen property statute, [t]he penalties are higher for a person who organizes or directs the fencing operation [under section 812.019(2)] than for the person who merely "traffics in" stolen property [under section 812.019(1)].......

...The legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section 812.014 or stealing property with intent to traffic in the stolen goods pursuant to section 812.019....

...consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts. [4] Section 812.025, Florida Statutes (1981), is identical to section 812.025, Florida Statutes (1999). [5] Sections 812.014, 812.019, and 812.025 are contained within the Florida Anti-Fencing Act of 1977.

...Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellant. Gregory B. Hoppenstand, Coral Gables, for appellee. OVERTON, Justice. The appellee, Carl John Dickinson, was charged by information with dealing in stolen property in violation of Section 812.019, Florida Statutes (1977)....

...tatutes (1993), by not convicting him under it. On March 23, 1995, a jury found Braxton guilty of one count of burglary with assault, a violation of section 810.02, Florida Statutes (1993), and one count of dealing in stolen property, a violation of section 812.019, Florida Statutes (1993)....

...January, 1981. As a result of the investigation, Bowen was arrested and charged by information with violation of Florida's RICO Act, Section 943.462(3), Florida Statutes (1979), and three separate counts of dealing in stolen property in violation of Section 812.019, Florida Statutes (1979)....

...s himself, in a "pattern of racketeering activity." On the contrary, the plain and unambiguous language of the statute would suggest otherwise. To begin, "racketeering activity," as defined by Section 943.461, Florida Statutes, specifically includes Section 812.019, prohibiting the trafficking in stolen property, the offense with which Bowen was charged....

...State, 546 So.2d 1159 (Fla. 5th DCA 1989). Moreover, the Florida Supreme Court has construed and upheld criminal statutes imposing penal sanctions upon proof of constructive knowledge. In State v. Tomas, 370 So.2d 1142 (Fla. 1979), the supreme court considered section 812.019, Florida Statutes, which 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....

...or should have known, had identifying features which had been removed or altered without the consent of the manufacturer; and, if so, whether (defendant's) actions were a legal cause of [loss] [injury] [or] [damage] to (claimant). c. Violation of F.S. 812.019 (Dealing in stolen property): whether (defendant) [trafficked] [attempted to traffic] in property and knew or should have known the property was stolen; and, if so, whether (defendant's) actions were a legal cause of [loss] [injury] or [damage] to (claimant). To "traffic" means to: (1) sell or otherwise dispose of property or, (2) obtain *764 property with the intent to sell or otherwise dispose of it. NOTE ON USE FOR 411.5 The committee does not recommend a separate jury instruction for F.S. 812.019(2), (organizing) because trafficking is an element of F.S. 812.019(2). If the need arises, the court should fashion a modified instruction for F.S. 812.019(2)....

..."Once that threshold burden is met, it becomes the jury's duty to determine whether the evidence is sufficient to exclude every reasonable hypothesis of innocence beyond a reasonable doubt." Id. We turn first to the offense of dealing in stolen property. Section 812.019(1), Florida Statutes (1999), makes it a crime for any person to traffic in property that he "knows or should know was stolen." Thus, the State must establish that Mr....

..., or (2) that the circumstances of the transaction were sufficiently suspicious to put a person of ordinary intelligence and caution on inquiry." Id. at 461. This latter "suspicious circumstances" method in B.S. is similar to the element outlined in section 812.019(1), that the seller of stolen property should have known that a particular item was stolen....

...nflicting decisions in the district courts. [2] See § 810.02(2), Fla. Stat. (1987). [3] See § 794.011(3), Fla. Stat. (1987). [4] See § 810.02(3). [5] See § 810.02(2). [6] See § 794.011(4)(b). [7] See § 810.02(2). [8] See § 794.011(3). [9] See § 812.019(1), Fla....

...The legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section 812.014 or stealing property with intent to traffic in stolen goods pursuant to section 812.019....

...Camp, 579 So.2d 763 (5th DCA 1991), based on direct and express conflict with Dixon v. State, 541 So.2d 637 (Fla. 1st DCA), review dismissed, 547 So.2d 1209 (Fla. 1989). [1] The issue is whether attempting to negotiate forged checks constitutes dealing in stolen property under section 812.019, Florida Statutes (1989)....

...nts of dealing in stolen property. [2] The trial court dismissed the 42 counts alleging that Camp was dealing in stolen property. The State appealed, and the district court affirmed, holding that one who "steals for his own account" does not violate section 812.019. Camp, 579 So.2d at 764. Section 812.019(1) provides: 812.019 Dealing in stolen property....

...State, 576 So.2d 1310 (Fla. 1991). Where words are susceptible of more than one meaning, they must be construed most favorably to the accused. Id.; § 775.021(1), *1057 Fla. Stat. (1989). Moreover, section 812.037, Florida Statutes (1989), expressly requires that section 812.019 "be construed in light of [its] purpose[] to achieve [its] remedial goals." As noted by the court below, section 812.019, which is part of the Florida Anti-Fencing Act, Chapter 77-342, Laws of Florida, is intended to punish those who knowingly deal in property stolen by others....

...We therefore agree with the court below that negotiating stolen checks for personal use, or otherwise deriving personal benefit from stolen merchandise, does not constitute the crime of "dealing in stolen property" as envisioned by the legislature in enacting section 812.019....

...On remand, Norris should simply be given a guidelines sentence. Accordingly, we vacate the sentence and remand for resentencing. Sentence VACATED; REMANDED for Resentencing. PETERSON and THOMPSON, JJ., concur. NOTES [1] § 810.02(3), Fla. Stat. [2] § 812.019(1), Fla....

...dual who could have stolen it. A jury convicted Mr. Burrell of second-degree grand theft. § 812.014(2)(b), Fla. Stat. (1989). It also determined that he was an organizer of the theft and convicted him of dealing in stolen property, as proscribed in section 812.019(2), Florida Statutes (1989). That statute provides: Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree.... Section 812.019(2), however, has been held to apply only to a defendant "who, although he may be responsible for a theft or a fencing operation, has no direct contact with the property." Goddard v....

...State, 458 So.2d 230, 233 (Fla. 1984) (citation and emphasis omitted). It is clear that the state's evidence proved direct contact with the property. When a person has direct contact with the property, the applicable offense for dealing in stolen property is section 812.019(1), Florida Statutes (1989). That statute 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.... § 812.019(1), Fla. Stat. (1989). This offense is a second-degree felony, whereas the offense described in section 812.019(2) is a first-degree felony. Although Mr. Burrell did not argue the distinction between subsections 1 and 2 of section 812.019 in his motion for judgment of acquittal, "it would be fundamental error not to correct on appeal a situation where [a defendant] stands convicted of a crime that never occurred." Nelson v....

...This is not a case in which the state's failure to prove the offense involves a technical matter that could have been resolved if the issue had been raised in a motion for acquittal. It is clear that the state could not have proven an essential element for a violation of section 812.019(2) in this case because all of the evidence established that Mr. Burrell had "direct contact with the property" in which he trafficked. As explained in Goddard, section 812.019(1) is a necessarily lesser included offense of section 812.019(2)....

...State, 446 So.2d 1157 (Fla. 2d DCA 1984); State v. Bostic, 446 So.2d 264 (Fla. 2d DCA 1984); Stallworth v. State, 538 So.2d 1296 (Fla. 1st DCA), review denied, 545 So.2d 1369 (Fla. 1989). Because second-degree grand theft and dealing in stolen property under section 812.019(1) are both second-degree felonies, the trial court is authorized to impose a judgment of conviction on either offense on remand, but not both....

..., and for which he was not found guilty. Accordingly, we quash the order of restitution and remand for entry of a revised order limited to damages for loss of the Winchester rifle. Order QUASHED; REMANDED. COWART and PETERSON, JJ., concur. NOTES [1] § 812.019, Fla....

...Before HUBBART, C.J., and DANIEL S. PEARSON and FERGUSON, JJ. HUBBART, Chief Judge. The central issue presented for review is whether an information charging a defendant with trafficking or endeavoring to traffic in stolen property in violation of Section 812.019(1), Florida Statutes (1979), is subject to dismissal upon a sworn motion under Fla.R.Crim.P....

...onged to a municipal police department. We hold that the information is not subject to such a dismissal because the above undisputed fact does not in itself preclude as a matter of law a conviction for endeavoring to traffic in stolen property under Section 812.019(1), Florida Statutes (1979)....

...NACIO RIOS on the 9th day of October, 1979, in the County and State aforesaid, did unlawfully and feloniously traffic in, or endeavor to traffic *242 in property that he knew or should have known was stolen, to-wit: A TELEVISION SET, in violation of 812.019(1) Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida....

...kes that, IGNACIO RIOS, on the 12th day of October, 1979 in the County and State aforesaid, did unlawfully and feloniously traffic in, or endeavor to traffic in property that he knew or should have known was stolen, to-wit: BLENDERS, in violation of 812.019(1) Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida....

...IOS, on the 16th day of October, 1979, in the County and State aforesaid, did unlawfully and feloniously traffic in, or endeavor to traffic in property that he knew or should have known was stolen, to-wit: AUTOMOBILE STEREO SPEAKERS, in violation of 812.019(1) Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida." The defendant Felipe Ruiz was similarly charged in a three-count information before the same...

...hat FELIPE RUIZ on the 2nd day of October, 1979, in the County and State aforesaid, did unlawfully and feloniously traffic in, or endeavor to traffic in property that he knew or should have known was stolen, to-wit: A TELEVISION SET, in violation of 812.019(1) Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida....

..., FELIPE RUIZ, on the 18th day of October, 1979, in the County and State aforesaid, did unlawfully and feloniously traffic in, or endeavor to traffic in property that he knew or should have known was stolen, to-wit: A TELEVISION SET, in violation of 812.019 Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida....

...LIPE RUIZ, on the 23rd day of October, 1979, in the County and State aforesaid, did unlawfully and *243 feloniously traffic in, or endeavor to traffic in property that he knew or should have known was stolen, to-wit: TELEVISION SETS, in violation of 812.019(1) Florida Statutes." The defendants Rios and Ruiz filed identical sworn motions to dismiss under Fla.R....

...ow that the above factual allegations were true. The trial court, accordingly, entered orders dismissing the above informations. The state appealed these dismissals, which appeal we have jurisdiction to entertain. § 924.07(1), Fla. Stat. (1979). II Section 812.019(1), Florida Statutes (1979), the statute under which the instant prosecution was brought, provides as follows: "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 s.s. 775.082, 775.083, 775.084." The Florida Supreme Court in State v. Tomas, 370 So.2d 1142 (Fla. 1979), has construed the above statute as follows: "An examination of this enactment [§ 812.019(1), Fla....

...y criminally wrongful taking.' The term `endeavors' has recently been construed by us in the context of a closely related provision to mean `an overt act manifesting criminal intent.' (citation omitted)." Id. at 1143. It, therefore, seems clear that Section 812.019(1), Florida Statutes (1979), as thus construed, requires as one of the essential elements of trafficking in stolen property that the property in question be stolen property, that is, property that has been the subject of any criminally wrongful taking....

...True, he is not thereby trafficking in stolen property as the property is not stolen, but he is certainly endeavoring to do so with requisite criminal intent. He is, therefore, guilty under our law of the crime of endeavoring to traffic in stolen property under Section 812.019(1), Florida Statutes (1979)....

...3.190(c)(4). The undisputed fact that the property described in the instant informations was not stolen property, but belonged to the City of Miami Police Department, does not defeat a prosecution for endeavoring to traffic in stolen property under Section 812.019(1), Florida Statutes (1979)....

...It was alleged that the defendant stole certain gemstones which were the property of John Asikas. After a jury trial, defendant was convicted and sentenced to two and one-half years for the crime of grand theft. Defendant was also charged in Martin County with violating Section 812.019, Florida Statutes (1979), by dealing in stolen property....

...812.012-812.037: * * * * * * (7) "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. * * * * * * 812.019 Dealing in stolen property....

...that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts. Defendant asserts he may not be convicted and sentenced for both larceny and dealing in the same stolen property. Section 812.019, Florida Statutes (1979), was enacted in 1977, simultaneously with the enactment of Section 812.025, Florida Statutes (1979)....

...Thus, the receiving or concealment is considered not something that occurs subsequent to the larceny, but is in fact a part of it. See Adams v. State, supra. However, we are dealing here with the statutory offense of "dealing" or "trafficking" in stolen property under Section *227 812.019, Florida Statutes, which differs from the old common law offense of "receiving stolen property." Padgett v....

...AFFIRMED AS TO DEALING IN STOLEN PROPERTY CONVICTION; REVERSED AS TO GRAND THEFT CONVICTION. HERSEY, J., and SCHWARTZ, ALAN R., Associate Judge, concur. NOTES [1] We are also perplexed by other aspects of the Anti-Fencing Act. Does mere receipt of stolen property constitute the crime of "Dealing" under Section 812.019 absent the intent to sell, transfer or dispose of the property? Are Sections 812.019(2) and 812.025 inconsistent? How could a defendant be proved guilty of both theft and dealing under Section 812.019(2) if he could not be convicted of both under Section 812.025?

...OVERTON, Justice. This is a petition to review Goddard v. State, 438 So.2d 110 (Fla. 1st DCA 1983), in which the district court certified the following question to be of great public importance: [1] DID THE FLORIDA LEGISLATURE INTEND TO PUNISH UNDER SECTION 812.019(2), FLORIDA STATUTES, THE COMMON THIEF WHO TRAFFICS IN THE GOODS WHICH HE HAS INDIVIDUALLY STOLEN, OR WAS THAT PROVISION INTENDED TO ONLY PUNISH ONE WHO ACTS AS A "RINGLEADER" IN THE ORGANIZING OF THEFTS AND TRAFFICS IN THE STOLEN GOODS[?] Id. at 112. The district court upheld Goddard's conviction under the statute. We disagree, answer the question in the negative, and hold that section 812.019(2), Florida Statutes (1983), applies only to the organizer, or "ringleader," of a theft and not to the single thief who simply traffics in the goods he has stolen....

...Goddard testified that he had purchased the stainless steel at his home from a black man, but that he did not know the man's last name or how to contact him. Goddard claimed he did not realize the metal was stolen. *232 Instead of being charged with theft under section 812.014 and trafficking in stolen property under section 812.019(1), Goddard was charged with a violation of section 812.019(2), which provides that "[a]ny person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree... ." At the charge conference the prosecutor advised the trial judge that there were no lesser included offenses to the charge under section 812.019(2). Defense counsel raised no objection. In its final argument, the state asserted that because Goddard stole and then sold the stainless steel parts, he had violated section 812.019(2)....

...charged, and instructed the jury as to "theft." The jury returned a verdict of guilty as charged and Goddard was sentenced to fifteen years' imprisonment. Goddard's motion for a new trial was denied. On appeal, the district court of appeal held that section 812.019(2) was unambiguous and prohibited "the doing of either or any act so joined," and that "one who actually commits a theft also, at least, initiates and plans it, each act of which is proscribed by Section 812.019(2)." 438 So.2d at 110....

...In so holding, the district court noted that the evidence was insufficient "to permit an interpretation that the thefts were committed by more than one person or that the thefts were committed by one acting under [Goddard's] direction." Id. at 110 n. 1. Section 812.019(2) is one of eleven sections comprising the Florida Anti-Fencing Act as adopted by the legislature in chapter 77-342, Laws of Florida. The Act mandates that its provisions are not to be construed strictly, but rather "in light of their purposes to achieve their remedial goals." Fla. Stat. § 812.037 (1983). Thus, to determine whether section 812.019(2) applies to the common thief who traffics in the goods that he has stolen or whether it applies solely to those individuals who orchestrate thefts and control fencing operations, the legislative history of that section and the Act as a whole must be examined. The sections of the Act pertinent to this discussion are section 812.014, entitled "Theft;" section 812.019, "Dealing in stolen property;" and section 812.025, "Charging theft and dealing in stolen property." The applicable provisions of 812.014, "Theft," are as follows: (1) A person is guilty of theft if he knowingly obtains or uses, or en...

...775.082, 775.083, and 775.084, if the property stolen is: 1. Valued at $100 or more, but less than $20,000. ..... *233 (c) Theft of any property not specified in paragraph (a) or paragraph (b) is petit theft and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083... . Section 812.019, entitled "Dealing in stolen property," provides as follows: (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....

...ore than $100, but less than $20,000, subjects himself to punishment for a third-degree felony under section 812.014. An individual who sells property he knows is stolen is subject to a second-degree felony penalty under the "trafficking" provision, section 812.019(1)....

...[2] According to the NAAG, one of the model act's primary purposes is to facilitate the prosecution and conviction of "white collar" fences who often escape punishment because they never come into contact with stolen goods. [3] Commentary on the model act's counterpart to section 812.019(2) states: The model, recognizing the sophisticated nature of organized crime, extends not only to a person who "traffics in" stolen property, but to one who "initiates, organizes, plans, finances, directs, manages or supervises" the theft or trafficking....

...The penalties are graded according to the offender's role, but not *234 according to the value of the property involved. National Association of Attorneys General, Legislative Responses to Dealing in Stolen Goods (1975) (emphasis added). [4] It thus appears that the "remedial goal" of section 812.019(2) is to discourage organized theft by imposing a harsher penalty on the individual who actually organizes thefts and traffics in stolen goods than on the common thief who simply steals and then sells those goods....

...gislative history, such a result could not have been the reasonable intent of the legislature. We conclude that an individual who steals and traffics in only his own stolen goods is subject to theft and trafficking charges under sections 812.014 and 812.019(1), but may not be charged with "organizing" under section 812.019(2). In the instant case, Goddard went to trial charged only with a section 812.019(2) violation. Apparently, the prosecutor, defense counsel, and trial judge were not aware that a section 812.019(2) charge necessarily includes the offense of trafficking in stolen property under section 812.019(1)....

...An offense is deemed "necessarily included" in the offense charged when the greater offense cannot be committed without necessarily committing the lesser offense. Although under the facts of this case Goddard could not be properly convicted for violation of section 812.019(2), the record reveals that the elements have been fully established for a conviction under the necessarily included offense of trafficking in stolen goods, proscribed by section 812.019(1)....

...We also find no error on the part of the trial court in the reinstruction of the jury on the offense charged together with the "theft" definition. We quash the decision of the district court of appeal and remand with directions to remand to the trial court for resentencing under section 812.019(1) in accordance with the views expressed in this opinion....

...BOYD, C.J., and ADKINS, EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents with an opinion, in which McDONALD, J., concurs. ALDERMAN, Justice, dissenting. I would approve the decision of the district court of appeal, and, based upon the unambiguous language of section 812.019(2), I would hold that this statute is *235 intended to apply to the common thief who also traffics in the goods which he has stolen....

...Hempstead alleges that prior to trial the State had argued that the burglaries constitute the "stolen" part of count 38, organized dealing in stolen property, and that the same witnesses that would be necessary on the thirty-seven burglary counts would also be necessary for the organized dealing offense. See § 812.019(2), Fla....

...May 3, 1979. Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellant. No appearance for appellee. PER CURIAM. In this case the state appeals a trial court order dismissing the charges against appellee, each of which was based on section 812.019(1), Florida Statutes (1977), on the ground that the statute is unconstitutional....

...Although the trial judge did not elaborate on his reasons for invalidating the law or specify the particular features of the provision which he found to be fatally defective, it is apparent from the motion to dismiss that his conclusion was predicated on a finding that section 812.019(1) is overly broad in that it permits the criminal prosecution of conduct that is essentially innocent. We reverse. Section 812.019(1) provides: *1143 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.......

...on 812.031(1), Florida Statutes (1977) — "under such circumstances as would induce a reasonable man to believe that the property was stolen." To eliminate any doubt as to that intent, we now hold that the standard of proof of guilty knowledge under section 812.019(1) is the same standard that existed under the predecessor statute as defined by the controlling decisional precedents of this Court. In accordance with the foregoing analysis, we conclude that section 812.019(1) is not unconstitutionally overbroad, but is sufficiently confined in its applicability so as not to reach conduct that is essentially innocent....

...ay of August, 1984, MICHAEL JAY COLLINS, did then and there traffic in, and endeavor to traffic in, certain property, to wit: JEWELRY, the property of FLORENCE MOONEY, as owner or custodian, which HE knew or should have known was stolen, contrary to Section 812.019, Florida Statutes....

...day of August, 1984, MICHAEL JAY COLLINS, did then and there traffic in, or endeavor to traffic in, certain property, to wit: JEWELRY, the property of FLORENCE MOONEY, as owner or custodian, which HE knew or should have known was stolen, contrary to Section 812.019, Florida Statutes, COUNT V AND for further information DOUGLAS CHESHIRE, JR., State Attorney of the Eighteenth Judicial Circuit, in and for Brevard County, Florida, prosecuting for the State of Florida, under oath CHARGES that in Brev...

...day of August, 1984, MICHAEL JAY COLLINS, did then and there traffic in, or endeavor to traffic in, certain property, to wit: JEWELRY, the property of FLORENCE MOONEY, as owner or custodian, which HE knew or should have known was stolen, contrary to Section 812.019, Florida Statutes....

...Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee. *7 SCHOONOVER, Judge. Kenneth Bauer appeals the judgments and sentences imposed upon him after he was found guilty of seven counts of dealing in stolen property in violation of section 812.019, Florida Statutes (1983)....

...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. DAUKSCH, Judge. This is an appeal from an order withholding adjudication and placing appellant on probation for dealing in stolen property, section 812.019, Florida Statutes *273 (1981)....

...State, 366 So.2d 38 (Fla. 2d DCA 1978), aff'd., State v. Pinder, 375 So.2d 836 (Fla. 1979). Rehearing is otherwise denied, and we adhere to the balance of our prior opinion. ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 812.014, Fla. Stat. (1979). [2] § 812.019, Fla....

...rmissible because they violate double jeopardy, "the appellate court should reverse the lesser offense conviction and affirm the greater"). However, dealing in stolen property and grand theft each has an essential element that the other lacks. See §§ 812.019, .014, Fla....

...or whether the defendant traffics or endeavors to traffic in stolen property," though such a response would be legally accurate. Hall v. State, 826 So.2d 268, 271 (Fla.2002). I think the solution already exists in standard jury instruction 14.2, entitled "Dealing in Stolen Property (Fencing) § 812.019(1)." That instruction shows, as a lesser included offense, "grand theft — third degree" as codified in section 812.014(2)(c), Florida Statutes....

...District Court of Appeal of Florida, First District. January 4, 1980. Charles Thomas Shad, of Penland, McCranie & Shad, P.A., Jacksonville, for appellant. Jim Smith, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for appellee. ERVIN, Judge. Padgett was charged with violating Section 812.019, Florida Statutes (Supp....

...was not stolen, although he thought it was stolen when he purchased it. The trial judge held that proof of the stolen character of the goods was not an essential element of the crime of "endeavoring" to traffic in stolen property, that "endeavor" in Section 812.019 means "attempt", [1] and that, notwithstanding Padgett's mistake of fact which made the substantive crime of "trafficking in stolen property" impossible to commit, the state's proof of Padgett's intent to purchase stolen property was proof of the crime of "endeavoring" to traffic in stolen property. We agree with the trial judge that proof of the stolen character of the goods was not essential to proof of the offense of endeavoring to traffic in stolen property. Section 812.019 was enacted in Chapter 77-342, Laws of Florida, as part of a broad revision of laws relating to theft and stolen property. Thus, the common law crime of "receiving stolen property" was replaced by the crime in Section 812.019, "dealing in stolen property." That offense differs from the common law crime in degree of proof and as to the activities punished....

...See Blakely and Goldsmith, Criminal Redistribution of Stolen Property: The Need For Law Reform, 74 Mich.L.Rev. 1512, 1552-1555 (1976); 28 Fla.Jur., Receiving Stolen Goods, §§ 2, 6 & 13 (Rev. ed. 1968). Florida law now clearly authorizes such attempt convictions under Sections 812.019 and 777.04....

...Endeavor is defined as "an overt act manifesting criminal intent." State v. Allen, 362 So.2d 10, 12 (Fla. 1978); State v. Tomas, supra at 1143. [2] In Lancaster v. State, 369 So.2d 687 (Fla. 1st DCA 1979), this court pointed out at least one difference between the crime in Section 812.019 and the common law crime of receiving stolen goods....

...Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for appellant. Jim Smith, Atty. Gen., and Marc E. Kirk, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. By this appeal, Kenneth Edwards seeks review of a trial court order finding sections 812.019 and 812.022(2), Florida Statutes (1977), to be constitutional....

...find him guilty. Therefore, section 812.022(2) does not violate the fifth and fourteenth amendment right to remain silent. See Barnes, 412 U.S. at 846-47, 93 S.Ct. 2357; and Young, 217 So.2d at 570-71. Edwards' challenges to the constitutionality of section 812.019 are identical to those *698 considered and rejected by this Court in State v. Dickinson, 370 So.2d 762 (Fla. 1979). We reaffirm our decision in Dickinson. Accordingly, we affirm the ruling by the circuit court of the nineteenth judicial circuit, upholding the validity of sections 812.019 and 812.022(2), Florida Statutes (1977)....

...f time or series of events, defendant's conviction for one of the offenses must be set aside. Because the state convinced the jury beyond a reasonable doubt that defendant was guilty of both dealing in stolen property, a felony of the second degree, section 812.019(1), Florida Statutes (1993), and grand theft in the third degree, a felony of the third degree, section 812.014(2)(c), subject to less punishment, we reverse the less serious conviction of grand theft in the third degree....

...Public Defender, for appellants. Jim Smith, Atty. Gen., and Barbara Ann Butler, Asst. Atty. Gen., for appellee. WIGGINTON, Judge. Appellants appeal their convictions, entered pursuant to pleas of nolo contendere, of dealing in stolen property, in violation of section 812.019, Florida Statutes....

...The State filed a demurrer to the motions, admitting statements (1) and (2) but pointing out that food stamps have value only as negotiable instruments 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....

...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)....

...We concede that to trade stolen food stamps at a store for food is a form of transfer, distribution, dispensation, or disposition of the stamps. However, in our view, the legislature did not intend that type of activity to be included in the proscriptions of section 812.019....

...We reverse in part the restitution order and remand with instructions to reduce the amount of the restitution award to a total of $8,914.28. [4] AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH INSTRUCTIONS. SAWAYA, C.J., and MONACO, J., concur. NOTES [1] § 812.019(1), Fla....

...1979), we concluded that "Sections 812.012 to 812.028, Florida Statutes (1977), are constitutionally sound because reasonable persons have adequate notice of the types of conduct proscribed by these statutes." Dickinson was charged with dealing in stolen property in violation of section 812.019. Section 812.019 provided that "[a]ny 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." § 812.019, Fla.Stat. (1977) (emphasis added). We also know that criminal statutes are subject to a more stringent examination as to vagueness than are noncriminal statutes. D'Alemberte, 349 So.2d at 168. Therefore, if the constructive knowledge component of section 812.019—a criminal statute—gives adequate notice of the conduct proscribed, then the constructive knowledge component of section 112.313(4) must certainly pass constitutional muster....

...*1073 Judith J. Dougherty, Tallahassee, for appellant. Jim Smith, Atty. Gen. and Gregory C. Smith, Asst. Atty. Gen., for appellee. WIGGINTON, Judge. Appellant appeals his conviction, after trial by jury, of dealing in stolen property in violation of section 812.019, Florida Statutes....

...es at a price substantially below the fair market value and that the low purchase price was not satisfactorily explained. § 812.022(3), Fla. Stat. However, appellant was not charged with theft under section 812.014, but instead he was charged 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......

...The only reasonable inference from the evidence presented is that appellant was purchasing the Mercedes for his own personal use and did not intend to sell, transfer, or otherwise dispose of it. Thus, as a matter of law, appellant cannot be convicted of dealing in stolen property under section 812.019, Florida Statutes....

...Minerva, Public Defender, and Janice G. Scott, Asst. Public Defender, Tallahassee, for appellant. Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee. ROBERT P. SMITH, Jr., Judge. Lancaster appeals his conviction under Section 812.019, Florida Statutes (1977), pursuant to a plea of nolo contendere reserving the right to appeal the denial of his motion to dismiss the information on the ground that there were no material disputed facts and that the undisputed facts did not establish a prima facie case. Fla.R. Crim.P. 3.190(c)(4). Lancaster urges that he could not properly be convicted under Section 812.019 because the undisputed evidence, 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). The state, on appeal, agrees with Lancaster's interpretation of the statute. We also agree. 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....

...h property. The undisputed facts, as established for purposes of this decision, are that Lancaster purchased and received an engine which he knew or reasonably should have known was stolen, and placed the engine in his van. The trial court held that Section 812.019 applied to the conduct of buying property, knowing it to be stolen, and maintaining possession 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....

...Gen., Tampa, for appellee. RYDER, Acting Chief Judge. Duncan appeals from his conviction and sentence for petit theft in violation of section 812.014(2)(b) Florida Statutes (1985), and his conviction and sentence for dealing in stolen property in violation of section 812.019(1) Florida Statutes (1985)....

...State, 485 So.2d 22 (Fla. 5th DCA 1986); Repetti v. State, 456 So.2d 1299 (Fla. 2d DCA 1984); Victory v. State, 422 So.2d 67 (Fla. 2d DCA 1982). Duncan was charged with petit theft in violation of section 812.014(2)(b) and with dealing in stolen property in violation of section 812.019(1)....

...false verification of ownership and who receives money from the pawnbroker for property sold or pledged shall, if the money received is less than $300, be guilty of a misdemeanor of the first degree... . [2] Dealing in stolen property is defined in Section 812.019, Florida Statutes (1987), as follows: (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......

...First, appellant argues that the 15 points assigned for one prior second-degree felony conviction should be removed from his scoresheet. Appellant was convicted in 1976 under section 812.031, F.S. ("Receiving stolen property"), a third-degree felony. That section was repealed in 1977 and replaced with section 812.019, making the same offense a second-degree felony....

...Subsequently, he filed a demand for speedy trial pursuant to Fla.R.Crim.P. 3.191(c). Trial was set in due course and on the morning thereof the State filed a second amended information without leave of court. The new information charged appellant with the crime of dealing in stolen property, contrary to Section 812.019(1), Florida Statutes (1977)....

...l be guilty of a felony of the second degree.... (2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree.... § 812.019(l)-(2), Fla....

...Hall, 826 So.2d at 270-71 (citations omitted) (quoting State v. Camp, 596 So.2d 1055, 1057 (Fla.1992)). We held in Goddard that “an individual who steals and traffics in only his own stolen goods is subject to theft and trafficking charges under sections 812.014 and 812.019(1).” 458 So.2d at 284 ....

...826 So.2d at 271 (citing § 812.014(2), Fla. Stat. (1999)). 9 Our Decision in Hall Hall entered an open plea of no contest to all of the charges brought against him, including grand theft, a third-degree felony, and dealing in stolen property under section 812.019(1), a second-degree felony....

...The legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section 812.011 or stealing property with intent to traffic in the stolen goods pursuant to section 812.019....

...We begin with a review of several cases from the Fourth District, which is the only district court of appeal to have concluded that a new trial is the proper remedy in these circumstances. Unless otherwise noted, each of the dealing in stolen property convictions discussed below involves section 812.019(1)....

...verdict, we will not reverse. Id. at 188 (citations omitted). For the dealing in stolen property offense, the State was required to prove that Blackmon (1) “trafficfked] in” the steel bars, (2) which he knew or should have known were stolen. See § 812.019(1), Fla....

...(2012) (a second-degree misdemeanor if a person commits a theft of any property not specified in subsection 812.014(2)); see also § 812.014(6), Fla. Stat. (2012) (a second-degree felony if a person coordinates the commission of a theft). . “It thus appears that the ‘remedial goal' of section 812.019(2) is to discourage organized theft by imposing a harsher penalty on the individual who actually organizes thefts and traffics in stolen goods than on the common thief who simply steals and then sells those goods.” Goddard, 458 So.2d at 234 ....

...See Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932); see also § 775.021, Fla. Stat. (2009) (codifying Blockburger). . Other dealing in stolen property statutes are also found elsewhere in chapter 812, Florida Statutes. See § 812.0195, Fla. Stat. (2012) ("Dealing in stolen property by use of the Internet."); § 812.0191, Fla....

...d newly discovered motive for her to lie. We conclude that Miller failed to demonstrate manifest injustice, or the probability that he would be acquitted if retried. Accordingly, we affirm. AFFIRMED. THOMPSON, C.J., and PALMER, J., concur. NOTES [1] § 812.019(2), Fla....

...ch, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee. GROSS, J. Salvatore Bertone appeals his conviction for dealing in stolen property, contrary to section 812.019(1), Florida Statutes (2002)....

...Gen., for appellee. Before HUBBART, C.J., and SCHWARTZ and BASKIN, JJ. SCHWARTZ, Judge. The defendant Johnson appeals from the judgment and sentence entered after a jury found her guilty of three counts of trafficking in stolen property, in violation of Section 812.019(1), Florida Statutes (1979)....

...Johnson arose from her participation in the transfer-originated, she said, by a man named Smith [1] -to the Bahamas of a number of automobiles which were found to have been stolen. An essential element of the trafficking offense is that the defendant "knows or should know [that the property] was stolen." § 812.019(1), Fla....

...Tiedemann, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Judge. Appellant was convicted of five counts of grand theft, one count of conspiracy to commit grand theft, and two counts of dealing in stolen property, Sections 777.04(3), 812.014 and 812.019(1), Florida Statutes (1983)....

...ase No. 84-17), the conspiracy count. Appellant argues that, as framed by the pleadings filed in this case, the conspiracy count constituted a necessarily-lesser included offense to Count VII, the dealing in stolen property count charged pursuant to Section 812.019(2), which seeks to punish a person who "initiates, organizes, plans, finances, directs, manages, or supervises" the theft of property or trafficking in stolen property....

...The two statutes from which appellant argues are phrased as follows: 777.04 Attempts, solicitation, conspiracy, generally. — * * * * * * (3) Whoever agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy... . 812.019 Dealing in stolen property....

...conspiracy. Conviction of both offenses is therefore prohibited under the constitutional restrictions against double jeopardy. Bell v. State, supra , It is clear from the opinion in Goddard v. State, supra , that the "dealing" offense proscribed by Section 812.019(2) cannot be committed by a person acting alone, hence, the necessity for proof that the accused acted in concert with another. Since the state does not contest appellant's contention that conspiracy is a lesser included offense of the "dealing" charge under Section 812.019(2), it was error to refuse to dismiss the conspiracy charge or to inform the jury that it should be considered only as a lesser included offense. That the jury found appellant guilty only of the lesser included offense of trafficking in stolen property, Section 812.019(1), under Count VII — which does not require commission of conspiracy — is immaterial to appellant's claim of error on this point, since the state is not entitled to a conviction of two lesser included offenses under a single charge....

..."separateness" test. As we noted in our original opinion in this case, Goddard v. State, 458 So.2d 230 (Fla. 1984), holding that a person who commits a theft and trafficks in his own stolen goods cannot be convicted of the "organizing" provision of Section 812.019(2) clearly states the converse; that is, that Section 812.019(2) cannot be violated by one acting alone....

...v. United States, 450 U.S. 333, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981). Finally, the cases cited by appellee purporting to distinguish the two offenses on the basis of the element of unlawfulness of the co-party's actions under Sections 777.04(3) and 812.019(2) are not on point, as each involves the question of what constitutes "trafficking" under Section 812.019(1), Florida Statutes (1983)....

...See §§ 812.014(2)(c), .019(1). Obviously, grand theft can be a greater felony depending upon the value of the stolen property. See § 812.014(2)(a)-(b). Dealing in stolen property is not always a second-degree felony and can even be a misdemeanor in some contexts. See §§ 812.019(1), .0195....

...SSER OFFENSE WHEN THE TWO OFFENSES ARE OFFENSES OF DIFFERENT DEGREES OR OF DIFFERENT SEVERITY RANKING? Affirmed. KELLY and LaROSE, JJ., Concur. NOTES [1] See § 810.02(3)(b), Fla. Stat. (2008). [2] See § 812.014(2)(c)(1), Fla. Stat. (2008). [3] See § 812.019(1)....

...Unless otherwise provided, the prosecution for second and third degree felonies must be commenced within three years after commission of the offense. § 775.15(2)(b), Fla. Stat. Forgery is an offense under section 831.01 and dealing in stolen property is an offense under section 812.019....

...Appellant Brian Kablitz appeals his conviction and sentence for dealing in stolen property and false verification of ownership. In his brief he raises eight claims of error. We affirm on all issues. The state charged Kablitz with a six count information for dealing in stolen property in violation of section 812.019(1), Florida Statutes (2006) (counts 1 and 3); giving false verification of ownership of and receiving money from a pawnbroker in exchange for stolen property in violation of section 539.001(8)(b)8a., Florida Statutes (2006) (counts 2...

...Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. 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....

...State, 866 So.2d 612, 626-27 (Fla.2003). There is a "strong presumption in the law that a state statute is constitutionally valid." Ocala Breeders' Sales Co., 731 So.2d at 24 (citing In re Estate of Caldwell, 247 So.2d 1 (Fla.1971)). Mr. Gonzalez claims that section 812.019(1) is unconstitutionally overbroad because it criminalizes all trafficking in stolen property in the same manner, regardless of the amount of property involved....

...Trafficking in any amount of stolen goods is not innocent conduct; the fact that trafficking in a small amount of stolen goods is, according to Mr. Gonzalez, "relatively harmless," is of no consequence. See State v. Tomas, 370 So.2d 1142, 1143 (Fla.1979) (concluding *894 that "section 812.019(1) is not unconstitutionally overbroad, but is sufficiently confined in its applicability so as not to reach conduct that is essentially innocent")....

...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. On remand, a corrected restitution award in the amount of $3,125 shall be entered. AFFIRMED IN PART, REVERSED IN PART; REMANDED. PLEUS, C.J., and GRIFFIN, J., concur. 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....

...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....

...erages without a license, a misdemeanor violation of section 562.12, Florida Statutes (1981). It being discovered that the alcoholic beverages had been previously stolen, appellant was also charged with trafficking in stolen property, a felony under section 812.019, Florida Statutes (1981)....

...The comments are not substantive, and they merely delayed the jury's consideration of evidence admitted at trial. We do not think section 918.07 was violated. State v. Hunter, 358 So.2d 50 (Fla. 4th DCA 1978). The judgment appealed is therefore AFFIRMED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 812.019, Fla....

...(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. (2008) (emphasis added). 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....

...The legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section 812.0H or stealing properiy with intent to traffic in the stolen goods pursuant to section 812.019....

...lea of nolo contendere. Hall, 826 So.2d at 271 (emphasis added). Proposal from the Supreme Court Committee on Standard Jury Instructions In Criminal Cases As we stated above, the current standard jury instruction for dealing in stolen property under section 812.019(1) fails to inform the jury that it is precluded from finding a defendant guilty of both theft and dealing in stolen property “in connection with one scheme or course of conduct.” See Fla....

...1st DCA 1989) for the proposition that a thief who puts stolen property into the stream of commerce is guilty of dealing in stolen property. Clearly Camp, by negotiating checks at various banks, did that in the case at bar. But we believe that the State misconstrues the effect of section 812.019, Florida Statutes (1989)....

...d to punish those who knowingly deal in property stolen by others. It is not intended to convert a third degree felony into a second degree felony merely because the thief sells the stolen property rather than consumes it. The legislative history of section 812.019 contains the following language: [1] The attached proposed committee bill is an adaption of the Model Theft and Fencing Act, consistent with the organization of Florida law, as proposed by G....

...of the burglary and that the stolen goods were transported in that vehicle to the awaiting purchasers. REVERSED and REMANDED with instructions to reinstate jury verdict. GOSHORN and DIAMANTIS, JJ., concur. NOTES [1] § 810.02, Fla. Stat. (1991). [2] § 812.019, Fla....

...ce of the evidence." After the state rested, this same motion was renewed by defense counsel. The jury acquitted Stanford of the grand theft charges, but convicted him of dealing in stolen property, a second degree felony not dependent on value; see section 812.019(1), Fla....

...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. SHARP, Judge. Luman appeals from a final judgment that adjudicated him guilty of dealing in stolen property in violation of section 812.019(1), Florida Statutes (1981)....

...UPCHURCH, Jr., JJ., concur. NOTES [1] 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. § 812.019(1), Fla....

...arily included lesser offense of the crime with which he was charged, and was only one step removed from it. We do not think grand theft is a necessarily lesser included offense of the managing and trafficking in stolen property offense set forth in section 812.019 because the elements of the two crimes are different....

...Bandler due to entrapment. We reverse the order because it was granted on the basis of unsworn motions to dismiss, and testimony contained in discovery depositions. On February 9, 1990, the state charged the defendants with dealing in stolen property. § 812.019(1), Fla....

...ng an adequate Richardson [1] hearing, we reverse and remand for a new trial. An investigation into home invasion robberies led to Charles, who the State alleged *316 unlawfully trafficked in jewelry that he knew or should have known was stolen. See § 812.019(1), Fla....

...oved into the stream of commerce so as to have a detrimental effect beyond that of the original theft. A theft, followed by a personal, terminal use of the stolen property by the thief does not have the extra ingredient required for an offense under Section 812.019, Florida Statutes....

...mine the extent of the theft. However, the specific offense for which Mayer was convicted is relevant because the rule states that restitution must be linked to the offense for which the defendant is convicted. Williams. Here, Mayer was convicted of section 812.019(1)....

...chedule. See Ashe v. State, 582 So.2d 759 (Fla. 1st DCA 1991); § 775.089(3)(a) and (c), Fla. Stat. (1991). That portion of the order should be reversed. AFFIRMED in part, REVERSED in part, REMANDED. HARRIS, C.J., and THOMPSON, J., concur. NOTES [1] § 812.019, Fla....

...However, the only other subsection in the statute, subsection (2), provides for a felony of the first degree and the judgment indicates Mayer was convicted of a felony in the second degree. Thus, by process of elimination, Mayer must have been convicted of section 812.019(1).

...Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., Tallahassee, for appellee. ERVIN, Judge. Appellant, Kenneth Stallworth, appeals his convictions for grand theft in violation of section 812.014(2)(b)(1), and dealing in stolen property in violation of section 812.019....

...Therefore, we reverse the sentences imposed and remand for resentencing before a different judge, who may properly determine whether a downward departure sentence is appropriate. AFFIRMED in part; REVERSED in part; and REMANDED. TORPY, C.J. and SAWAYA, JJ. concur. . § 812.019(1), Fla....

...1 On January 4, 2008, Freddie Smith, III, while at an apartment complex owned and operated by the Appellees, was engaged in the commission of operating a “chop shop” in violation of section 812.16, Florida Statutes, and dealing in stolen property in violation of section 812.019, Florida Statutes, both felonies....

...len, Assistant Attorney General, Tallahassee, for Appellee. WOLF, J. Pursuant to Goddard v. State, 458 So. 2d 230 (Fla. 1984), the trial court fundamentally erred in convicting appellant of two counts of organized trafficking pursuant to section 812.019(2), Florida Statutes (2011), when the evidence showed that appellant directly participated in the theft and sale of the same stolen property. “[A]n individual who steals and traffics in only his own stolen goods is subject to theft and trafficking charges under sections 812.014 and 812.019(1), but may not be charged with ‘organizing’ under section 812.019(2).” Goddard, 458 So. 2d at 234. The judgment and sentence is reversed and remanded as to the two counts on appeal for imposition of the lesser included offense of trafficking pursuant to section 812.019(1), and for resentencing....

...Public Defender, for appellant. Jim Smith, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellee. Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ. PER CURIAM. Omelio Valdez seeks review of his conviction for dealing in stolen property contrary to section 812.019(1), Florida Statutes (1983)....

...[1] In Camp, the supreme court held that "negotiating stolen checks for personal use, or otherwise deriving personal benefit from stolen merchandise, does not constitute the crime of `dealing in stolen property' as envisioned by the legislature in enacting section 812.019." 596 So.2d at 1057....

...District Court of Appeal of Florida, First District. April 19, 1990. Paula Saunders, Asst. Public Defender, for appellant. Gypsy Bailey, Asst. Atty. Gen., for appellee. MINER, Judge. Appellant, Carlos Avery Bailey, challenges his conviction for dealing in stolen property in violation of section 812.019, Florida Statutes (1987)....

...roperty's original owner and not to a third party. Appellant argued that when stolen property is offered for sale to its original owner, there is no attempt to move the property into the stream of commerce and thus, there can be no violation *743 of section 812.019....

...uted into the stream of commerce so as to have a detrimental effect beyond that of the original theft. A theft, followed by a personal, terminal use of the stolen property by the thief does not have the extra ingredient required for an offense under Section 812.019, Florida Statutes: The "personal use" cases are based on that principle....

...le of stolen goods 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....

...personal use. The statute does not require that the property enter the stream of commerce, and we are unwilling to extend the language in Dixon to include situations for which it was not intended. AFFIRMED. SMITH and THOMPSON, JJ., concur. 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....

...Davis violated the terms of probation in 1990 and was placed on six months' community control. In 1991, he violated the terms of community control and the trial court held a sentencing hearing on April 23, 1991. The appropriate guidelines scoresheet for the primary offense under section 812.019, Florida Statutes (1989), indicated Appellant's 62 points placed him in the third cell....

GRIFFIN, J. Appellant, Hector Melendez [“Melendez”], appeals his conviction and sentence for burglary of a dwelling in violation of section 810.02(3)(b), Florida Statutes (2012); dealing in stolen property in violation of section 812.019(1); and grand theft in violation of section 812.014(2)(c)S....

...had to prove: (1) the defendant trafficked in or endeavored to traffic in the motorcycle parts; and (2) the defendant knew or should have known that the motorcycle parts were stolen. See Fla. Std. Jury Instr. (Crim.) 14.2 (emphasis added); see also § 812.019(1), Fla....

...Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for Appellee. GROSS, J. On August 22, 2002, appellant, Joel H. Seidman, entered an open plea as to six counts of dealing in stolen property, pursuant to section 812.019(1), Florida Statutes (2001)....

...d to trial on any counts deemed appropriate by the state, since it would then not be bound by any prior plea bargain. REVERSED and REMANDED for further proceedings. PALMER and ORFINGER, R.B., JJ., concur. NOTES [1] § 810.02(1) & (3), Fla. Stat. [2] § 812.019(1), Fla....

...Gen. and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee. JOANOS, Judge. Appellant was charged with grand theft of an outboard motor in violation of Section 812.014, Florida Statutes, and trafficking in stolen property, in violation of Section 812.019(2), Florida Statutes....

...at if they chose to convict, a conviction could be returned on only one of the counts. Appellant alleges the trial court erred in failing to give his requested jury instruction, and alleges error in his conviction on a trafficking charge pursuant to Section 812.019(2), Florida Statutes....

...The trial court thereupon vacated the adjudication of guilt as to the Count I charge of grand theft, and sentenced appellant to a term of seven years imprisonment on the Count II charge of trafficking. The information filed in this case charged appellant in Count II with a violation of Section 812.019(2), Florida Statutes, which provides: Any person who initiates, organizes plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first, degree, punishable as provided in ss. 775.082, 775.083, and 775.084. Appellant maintains, and the State agrees, that the evidence in this case will not support a conviction under Section 812.019(2), since "an individual who steals and traffics in only his own stolen goods is subject to theft and trafficking charges under Section 812.014 and 812.019(1), but may not be charged with `organizing' under Section 812.019(2)." Goddard v....

...y and the third degree felony of grand theft, the court set aside the conviction on the lesser charge. At the sentencing hearing in this case, the trial court set aside the adjudication of guilt as to grand theft, and sentenced appellant pursuant to Section 812.019(2), a first degree felony....

...Since the jury found the defendant guilty on both counts but the trial court sentenced on only the greater count, we agree with the State that a new trial is not required. Therefore, we reverse appellant's conviction and sentence imposed pursuant to Section 812.019(2), and remand for entry of adjudication of guilt and resentencing pursuant to Section 812.019(1), and Goddard v....

...as not a party, preclusive collateral effect. Charged with theft (of property worth more than $300 but less than $5,000), Mr. Ritch entered a plea of guilty to dealing in stolen property between October 20, 2005, and January 7, 2007, in violation of section 812.019(1), Florida Statutes (2005)....

of dealing in stolen property contrary to section 812.019(1), Florida Statutes (2013). On appeal, Appellant

...Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant. James Marion Moorman, Public Defender, and Cecilia A. Traina, Asst. Public Defender, Bartow, for appellee. PER CURIAM. Appellee, Darren James Nesta, was charged with dealing in stolen property under section 812.019, Florida Statutes (1991)....

...The State's reliance on Colletti's alleged specific endeavor to take the contents of the wall safe in repayment of the victim's debt was unavailing for another important reason: there was no proof that the safe contained anything at all. In Capaldo v. State, 679 So.2d 717 (Fla.1996), the supreme court interpreted section 812.019(1), Florida Statutes (1993), which provides that any person who traffics in, "or endeavors to traffic in" stolen property is guilty of a second-degree felony. The court accepted review of the case to address the following certified question: "Is it necessary to prove the existence of actual property in order to convict under section 812.019(1)?" Id....

...at 2095. Conviction REVERSED; sentence VACATED; cause REMANDED with direction that appellant be discharged as to the offense of organized fraud. COBB and W. SHARP, JJ., concur. NOTES [1] U.S. Const. amend. V. [2] § 817.034(4)(a)2, Fla. Stat. (1989). [3] § 812.019(1), Fla....

...[1] The State charged theft under Section 812.014 Florida Statutes (1977). The trial court dismissed the information on the announced basis that possession of stolen property could not be charged under the theft statute (Section 812.014 Florida Statutes (1977)), but instead the State was limited to a charge under Section 812.019 Florida Statutes (1977), relating to dealing in stolen property....

...From our review of the record, we are convinced that this argument was not presented to or ruled upon by the trial court. The motion to dismiss and the argument thereon were designed solely to test whether the charge was proper under Section 812.014 Florida Statutes (1977) or Section 812.019 Florida Statutes (1977)....

...alleged to have been stolen was, in fact, not stolen property? Subsequent to the ruling here complained of, this court ruled upon the identical issue in Padgett v. State, 378 So.2d 118 (Fla. 1st DCA 1980). That case holds that in a prosecution under Section 812.019, Florida Statutes (1977), proof of the stolen character of the goods is not essential to proof of the offense of "endeavoring to traffic in stolen property" (378 So.2d at 119)....

...Camp, 596 So.2d 1055 (Fla.1992), which we deem distinguishable. In Camp, the supreme court held that Camp did not "traffic," for purposes of dealing in stolen property, where he stole checks and then negotiated the stolen checks. Id. at 1057. The court noted that a reading of section 812.019 in that manner would result in a circumstance of dealing in stolen property whenever money was stolen and then transferred to a third person in exchange for goods....

...Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. ORFINGER, Chief Judge. Appellant was convicted by a jury on the charge of unlawfully trafficking or endeavoring to traffic in stolen property in violation of section 812.019, Florida Statutes (1981)....

...Following the denial of Appellant’s motion to withdraw his open plea, the trial court adjudicated Appellant guilty on the sole count of dealing in stolen property, a second-degree felony,1 and sentenced him to serve ten years in prison, to be followed by 1 § 812.019(1), Fla....

...SCHEB, Acting Chief Judge. The defendant, Aaron Flanagan, challenges his conviction of one count of violating the Racketeer Influenced and Corrupt Organization Act (RICO), section 895.03(3), Florida Statutes (1985), and eleven counts of dealing in stolen property, section 812.019, Florida Statutes (1985)....

...Gardner arranged for some of the water to be returned to the fire station. II. THE PROCEEDINGS IN THE CIRCUIT COURT Following the completion of Mr. Gardner's investigation, the State charged Mr. Darwish with committing three felonies: initiating the theft of property and trafficking in that property, section 812.019(2), a first-degree felony (count one); scheming to defraud and obtaining property thereby, section 817.034(4)(a)(3), a third-degree felony (count two); and cheating by false pretenses, section 817.29, a third-degree felony (count three)....

...e] knew, or should have known, had identifying features which had been removed or altered without the consent of the manufacturer; and, if so, Third, whether (defendant’s) actions injured (claimant) in any fashion. c. Violation of Florida Statutes § 812.019 (Dealing in stolen property) On (claimant’s) claim for civil theft, the issues for your determination are: First, whether (defendant) [trafficked] [attempted to traffic] in property; and Second, whether (defendant) knew or should have kn...

...t) in any fashion. To “traffic” means to: 1) sell or otherwise dispose of property or, 2) obtain property with the intent to sell or otherwise dispose of it. Note on Use The committee does not recommend a separate jury instruction for Fla. Stat. § 812.019 (2) (organizing) because trafficking is an element of § 812.019(2). If the need arises, the court should fashion a modified instruction for § 812.019(2)....

...action or proceeding under ss. 812.012-812.037 or s. 812.081 may be commenced at any time within 5 years after the cause of action accrues." The State reasoned that because section 812.014(2)(a)2 pertains to the theft of cargo valued at $50,000 or more, and section 812.019(1) pertains to dealing in stolen property, the five-year statute of limitations is applicable....

...The record in this case does not justify that conclusion. Therefore, we conclude Cosby should be resentenced using a corrected scoresheet. Therefore, we REVERSE and REMAND so that the trial court may sentence Cosby using the corrected scoresheet. SHARP, W. and MONACO, JJ., concur. NOTES [1] § 812.019(1), Fla....

...Timothy Ervin appeals his conviction and sentence for attempted dealing in stolen property, contending that the conviction is void as there is no such crime under Florida law. We agree and reverse. Appellant was charged with dealing in stolen property in violation of section 812.019, Florida Statutes (1979). Section 812.019 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......

...an attempted burglary prosecution). The exclusion of Metz's exculpatory statement to the deputy was not harmless error. One of the elements of dealing in stolen property is that a defendant knew or should have known that the property was stolen. See § 812.019(1), Fla....

...*755 State, 968 So.2d 706, 711 (Fla. 2d DCA 2007), and not conclusively refuted by the record. To convict McClellan of dealing in stolen property, the State had to prove beyond a reasonable doubt that he trafficked in property that he knew or should have known was stolen. See § 812.019(1), Fla....

...did anything with the scooter other than possess it and loan it to a friend. J.O. was charged with “trafficking] in, or endeavoring] to traffic in, a scooter, which was property [of] Joe Weatherby, [which J.O.] knew or should have known was stolen, contrary to Florida Statute 812.019(1).” The trial court concluded the evidence was insufficient to establish J.O....

...State, 962 So.2d 926, 928 (Fla. 4th DCA 2007) (finding no merit in defendant’s assertion that trial judge reversibly erred in refusing to charge jury on the offense of theft under section 812.014, where information only charged defendant with trafficking under section 812.019(1) because “the elements of [theft] were not included within the charging document”) (citing Moore v....

...See Townsley v. State, 443 So.2d 1072, 1073 (Fla. 1st DCA 1984) (holding “evidence was sufficient to create an inference that appellant was guilty of theft ... however appellant was not charged with theft under section 812.014, but instead was charged under section 812.019 with dealing in stolen property”)....

...The jury found him not guilty of the burglary, but guilty of the other offenses. To convict Parks of dealing in stolen property one of the elements that the State had to prove was that Parks knew or should have known that the items were stolen. See § 812.019, Fla....

...*927 on the lesser-included offense of theft. We affirm. The information charged that Neals "did traffic in, or endeavor to traffic in, clothing, which was property Edward David Neals knew or should have known was stolen, contrary to Florida Statute 812.019(1)." At trial, Officer Thomas testified he received a call that a convenience store clerk contacted police and said there was a man selling clothing in the parking lot in front of the store....

...e. At the charge conference, the trial court accepted defense counsel's ambiguous request for an instruction on a lesser offense as asking for a lesser-included instruction on theft. 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)....

...f 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. Stat. Under the schedule of lesser-included offenses for section 812.019(1), there are no category one offenses....

...[2] § 812.014(2)(c)(5), Fla. Stat. (2003). [3] § 812.014(2)(b), Fla. Stat. (2003). The petition on count three alleged the theft of "jewelry, automobile equipment or other household items" valued at more than $30,000. [4] § 812.014(2)(c)(6), Fla. Stat. (2003). [5] § 812.019(1), Fla....

...We have for review Capaldo v. State, 654 So.2d 1207, 1209 (Fla. 5th DCA 1995), in which the Fifth District Court of Appeal certified the following question to be of great public importance: IS IT NECESSARY TO PROVE THE EXISTENCE OF STOLEN PROPERTY IN ORDER TO CONVICT UNDER SECTION 812.019(1), FLORIDA STATUTES (1993)? We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. In order to address the issue actually presented in this case, we reword the certified question as follows: Is it necessary to prove the existence of actual property in order to convict under section 812.019(1)? As reworded, we answer the question in the affirmative....

...The officer told Capaldo that he had moved his place of business, but he would lead him there after they met in a park. The officer had no actual electronics merchandise, stolen or otherwise. When Capaldo arrived at the park, he was arrested for violating section 812.019(1), which prohibits trafficking or endeavoring to traffic in stolen property....

...ctronics merchandise. On appeal, the district court affirmed the conviction on the basis of its previous decision in Lamar v. Keesee, 512 So.2d 1066 (Fla. 5th DCA 1987), which held that there need not be stolen property to sustain a conviction under section 812.019(1)....

...Sykes, 434 So.2d 325 (Fla.1983) (finding that the theft statute containing similar statutory language revealed a legislative intent to define theft as including attempt to commit theft), and State v. Tomas, 370 So.2d 1142 (Fla.1979) (upholding constitutionality of section 812.019(1))....

...se of "endeavoring to traffic in stolen property." The statute at issue here provides that "[a]ny 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." § 812.019(1), Fla....

...(1995) ("Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen."). Capaldo was arrested for violating section 812.019(1) when he arrived at the park to follow the undercover officer to the imaginary warehouse where the imaginary merchandise was located....

...ownership or because he determined that the deal was just too good to be legitimate. Under these circumstances, the requisite criminal intent was not proven and Capaldo's conviction must be vacated. [2] This case points out the danger of construing section 812.019(1) so that no actual property need be involved: an individual could be convicted for conduct that is essentially innocent in nature....

...t with this opinion. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. NOTES [1] While Capaldo was charged and convicted under the 1993 statute, the current version of the statute is identical in all respects. Section 812.019(1), Florida Statutes (1995), provides in pertinent part that "[a]ny 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." [2] In light o...

...The state appeals from a guidelines departure sentence. We hold that the trial court erred in departing from the guidelines without issuing contemporaneous written reasons for the departure and we reverse. Defendant was convicted of two offenses of dealing in stolen property in violation of section 812.019, Florida Statutes (1989)....

...All that is required is to strike and remove the conviction and sentence for petit theft. REVERSED and REMANDED with directions. PETERSON, C.J., and GOSHORN, J., concur. NOTES [1] § 812.014(1)(a) and (2)(c), Fla.Stat. (1989). [2] § 810.02(1) and (3), Fla.Stat. (1989). [3] § 812.014(1)(a) and (2)(c), Fla.Stat. (1989). [4] § 812.019, Fla.Stat.(1989)....

...vidence. Id. "If, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt, sufficient evidence exists to sustain a conviction." Id. Section 812.019(1), Florida Statutes (2007), makes it a crime for any person to "traffic" in or endeavor to "traffic" in, property he knows or should have known was stolen....

...eal a longterm supply to reduce the frequency of having to commit the act of theft. The majority's premise simply does not fit their conclusion. As suggested above, the text of the statute does not bear the construction placed on it by the majority. Section 812.019(1) provides: "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.....

...hearing. Appellate courts review restitution orders for an abuse of discretion. Kiefer v. State, 909 So.2d 572, 573 (Fla. 5th DCA 2005). The State filed an information charging Medlin with one count of -dealing .in .stolen property, in violation of section 812.019(1), Florida Statutes (2013), and one count of false verification of ownership to a secondary metals recycler, in violation of section 538.23(3)(a), Florida Statutes (2013)....

...Thus, the receiving or concealment is considered not something that occurs subsequent to the larceny, but is in fact a part of it. See Adams v. State, supra. However, we are dealing here with the statutory offense of "dealing" or "trafficking" in stolen property under Section 812.019, Florida Statutes, which differs from the old common law offense of "receiving stolen property." Padgett v....

...or Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee. FULMER, Chief Judge. After a jury trial, Joseph Giles was convicted of dealing in stolen property in violation of section 812.019(1), Florida Statutes (2004)....

APPENDIX 14.2 DEALING IN STOLEN PROPERTY (FENCING) § 812.019(1), Fla. Stat. To prove the crime of Dealing in

...denied 488 U.S. 871, 109 S.Ct. 183, 102 L.Ed.2d 152 (1988); Bailey v. State, 419 So.2d 721 (Fla. 1st DCA 1982). Somerville's conviction and sentence are reversed, and this cause is remanded for a new trial. SHIVERS and ZEHMER, JJ., concur. NOTES [1] Under § 812.019(1), Fla....

...Crist, Jr., Attorney General, Tallahassee, and Deena DeGenova, Assistant Attorney General, Tampa, for Appellee. FULMER, Judge. B.B.P. was charged by a petition for juvenile delinquency with being a principal to the offense of dealing in stolen property in violation of sections 812.019(1) and 777.011, Florida Statutes (2001)....

...guilty of grand theft pursuant to section 924.34, Florida Statutes (2001). We agree that the evidence was insufficient to support the charge of dealing in stolen property because it was not shown that B.B.P. intended to traffic in the stolen property. See § 812.019(1), Fla....

...If, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt, sufficient evidence exists to sustain a conviction." Id. (citations omitted). Section 812.019(1), Florida Statutes (2008), defines dealing in stolen property as, "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....

...f dealing in stolen property, a second-degree felony.2 The State alleged in the information that Anucinski committed the grand theft of property belonging to Tiffany & Co. and that she 1. § 812.014(1), (2)(c), Fla. Stat. (2009). 2. § 812.019(1), Fla....

...The legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section 812.014 or stealing property with intent to traffic in the stolen goods pursuant to section 812.019....

...Const.; Jollie v. State, 405 So.2d 418 (Fla.1981). William Lawrence Cowhig, Jr., stole numerous checks from an office and cashed one of them for his own use. He was tried and convicted of burglary of a structure and dealing in stolen property under section 812.019, Florida Statutes (1989) (dealing in stolen property)....

...We agree that the trial court erred in sentencing appellant and, accordingly, remand for resentencing. On December 18, 1981, appellant was placed on probation for a period of five years for the offense of dealing in stolen property, a violation of section 812.019(1), Florida Statutes (1981)....

PER CURIAM. Section 812.019(2), Florida Statutes, imposes criminal sanctions upon “any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property.” Appellant was found guilty by jury of violating that statutory prohibition. The only issue raised on appeal which merits discussion is appellant’s contention that Section 812.019(2), Florida Statutes, was not intended to apply to him, a common thief who individually stole the goods in question 1 and then trafficked in same....

...It is a well-settled rule that where the language of a statute is plain, unambiguous, and conveys a clear and definite meaning, resort to rules of statutory interpretation to ascertain legislative intent is unnecessary. The Legislature is held to have intended that which it plainly expressed. We find the language of Section 812.019(2), Florida Statutes, plain and unambiguous. The word “or,” a disjunctive article, as used in the context of Section 812.019(2), Florida Statutes, prohibits the doing of either or any act so joined. Clearly, one who actually commits a theft also, at least, initiates and plans it, each act of which is proscribed by Section 812.019(2). Accordingly, we conclude the Section 812.019(2), Florida Statutes, is intended to apply to the common thief who also traffics in the goods which he has stolen and, therefore, affirm the judgment of conviction. However, because we recognize that the issue presented by appellant is one *112 of great public importance, we certify to the Florida Supreme Court the following question: DID THE FLORIDA LEGISLATURE INTEND TO PUNISH UNDER SECTION 812.019(2), FLORIDA STATUTES, THE COMMON THIEF WHO TRAFFICS IN THE GOODS WHICH HE HAS INDIVIDUALLY STOLEN, OR WAS THAT PROVISION INTENDED TO ONLY PUNISH ONE WHO ACTS AS A “RINGLEADER” IN THE ORGANIZING OF THEFTS AND TRAFFICS IN THE STOLEN GOODS....

dealing in stolen property in violation of section 812.-019, Florida Statutes (1985), are that a person

...Pursuant to the provisions of sections 932.701-704, Florida Statutes (1985), the sheriff sought forfeiture of the pickup truck as a contraband article on the ground that the truck had been used as an instrumentality in the commission of the felony crimes of grand theft (sec. 812.014) or dealing in stolen property (sec. 812.019). On this appeal, the sheriff relies solely on section 812.019....

...t denied the forfeiture because “ the Sheriff of Orange County is unable to prove the property that Willard Keesee purchased from the petitioner on March 17, 1985 was stolen and will not [sic] sustain a charge of trafficking in stolen property.” Section 812.019(1), Florida Statutes (1985) regarding dealing in stolen property 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....

...5th DCA 1982); Sumter v. State, 570 So.2d 1039 (Fla. 1st DCA 1990). AFFIRMED in part; REVERSED in part; and REMANDED for resentencing. COWART and PETERSON, JJ., concur. . § 812.014(1) and (2)(c), Fla.Stat. (1989). . § 831.02, Fla.Stat. (1989). . § 812.019(1), Fla.Stat....

dealing in stolen property, in violation of section 812.019(1), Florida Statutes, relating to the same

property, to wit: a class ring, in violation of section 812.-019(1), Florida Statutes. The trial judge sentenced

...whether departure is appropriate and, if so, to set forth valid, contemporaneous written reasons for departure. State v. Betancourt, 552 So.2d 1107 (Fla.1989). Judgments AFFIRMED; sentence REVERSED and cause REMANDED. COBB and COWART, JJ., concur. . § 812.019(1), Fla.Stat....

...State, 697 So.2d 805, 815 (Fla. 1996); accord Ward, 40 So.3d at 856 . 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....

PER CURIAM. We affirm the trial court’s acceptance of appellant’s plea of nolo contendere to the felony offense of dealing in stolen property, proscribed by Section 812.019(1), Florida Statutes (1977)....

...We affirm the adjudications of guilt for the commission of the delinquent acts of burglary of a conveyance in violation of section 810.02(1) and (3), and section 777.011, Florida Statutes (1995), and dealing in stolen property, a second degree felony, in violation of section 812.019(1), Florida Statutes (1995)....

...Accordingly, we quash the sentences appealed and remand for resentencing, utilizing one scoresheet. We affirm the convictions. AFFIRM convictions; QUASH sentences and REMAND for resentencing. DANIEL and GOSHORN, JJ., concur. . § 810.02, Fla.Stat. (1983). . § 812.019, Fla.Stat....

...We conclude that the trial court erred in summarily denying that aspect of Kit’s motion directed to the dealing in stolen property case. If his allegations are true, then counsel did give incorrect advice as to the elements of this offense because the law requires the state to prove, in a prosecution brought under section 812.019(1), that a defendant knew or should have known that the property was stolen....

...isposition of his pending appeal, and the return of jurisdiction to the trial court. Hayes v. State, 566 So.2d 945 (Fla. 2d DCA 1990). Affirmed in part, reversed in part, and remanded for further proceedings. RYDER, A.C.J., and DANAHY, J., concur. . § 812.019(1), Fla.Stat....

...ctual basis, that on December 23rd, 1993, in Manatee County, Florida, the defendant did traffic in or endeavor to traffic in property that he knew was stolen, that property being a wood chipper, and that this was done in violation of Florida Statute 812.019(1).” .Kit's sentencing guidelines scoresheet reflects a recommended range of nine to twelve years with-a permitted range of seven to seventeen years....

...an the market value of the items. At some later date the officer returned to the home of the defendants without a warrant and seized the tools — a search and seizure the state now concedes to have been unlawful. Defendants were charged, pursuant to Section 812.019, Florida Statutes (1979), with dealing in stolen property....

...We affirm the burglary of a conveyance conviction because there is ample evidence that Carter broke into a vehicle and removed a car stereo. See K.O. v. State, 673 So.2d 47 (Fla. 4th DCA 1995). We also conclude that there is sufficient evidence to permit the jury to find that Carter endeavored to deal in stolen property. See § 812.019(1), Fla....

PER CURIAM. Defendant was charged with dealing in stolen property under section 812.019(1), Florida Statutes (1989)....

...There is simply no objective or subjective manifestation that Ratcliff asserted a right to privacy in the area behind his store and thus a warrantless search did not violate his Fourth Amendment rights. AFFIRMED. PETERSON and PALMER, JJ., concur. . § 812.019(1), Fla....

statute for trafficking in stolen property, section 812.019(1), and the theft statute, section 812.014

...Accordingly, we dismiss the petition. Petition to Invoke All Writs' Jurisdiction DISMISSED. COBB and HARRIS, JJ., concur. . § 782.04(2), Fla. Stat. (2001) . § 787.01, Fla. Stat. (2001) . §§ 812.13(2)(a) and 777.04(1), Fla. Stat. (2001) . § 810.02(l)(a), Fla. Stat. (2001) . § 812.019(1), Fla....

...Trying to salvage its prosecution of the Appellants, which is heading for a wreck on these shoals, the State analogizes this reverse sting operation to one in which law enforcement goes undercover to sell items to purchasers who are led to believe that the items are stolen. See § 812.019, Fla....

...eals the district court’s revocation of his supervised release. The district court’s decision was partly based on its finding that Mentó violated the conditions of his release by: (1) dealing in stolen property, in violation of Florida Statutes § 812.019, and (2) fraudulently verifying ownership to a secondhand dealer, in violation of Florida Statutes § 538.04....

...§ 3583 (e)(3). One of the conditions of Mento’s supervised release was that he refrain from breaking state law. Here, the district court did not err in finding that Mentó violated a condition of his supervised release by infringing Florida Statutes §§ 812.019 and 538.04. Florida Statutes § 812.019 makes it a felony to sell property that one knows or should know has been the subject of any criminally wrongful taking. See Fla. Stat. § 812.019 (1) (“Any person who traffics in ......

...ó. In light of such evidence, the findings were not clearly erroneous, and we must defer to them. See Almand, 992 F.2d at 318 . The district court’s factual findings provide ample support for its conclusion that 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)....

...Second, Mentó “knowingly provided false verification of ownership” of the ring during the sale to the secondhand dealer when he certified to the dealer that he owned the ring. See Fla. Stat. § 538.04 . Accordingly, the district court did not err in determining that Mentó violated Florida Statutes §§ 812.019 and 538.04, and we cannot con-elude that the court abused its discretion in revoking his supervised release....

...did anything with the scooter other than possess it and loan it to a friend. J.O. was charged with "traffic[king] in, or endeavor[ing] to traffic in, a scooter, which was property [of] Joe Weatherby, [which J.O.] knew or should have known was stolen, contrary to Florida Statute 812.019(1)." The trial court concluded the evidence was insufficient to establish J.O....

...State, 962 So.2d 926, 928 (Fla. 4th DCA 2007) (finding no merit in defendant's assertion that trial judge reversibly erred in refusing to charge jury on the offense of theft under section 812.014, where information only charged defendant with trafficking under section 812.019(1) because "the elements of [theft] were not included within the charging document") (citing Moore v....

...See Townsley v. State, 443 So.2d 1072, 1073 (Fla. 1st DCA 1984) (holding "evidence was sufficient to create an inference that appellant was guilty of theft ... however appellant was not charged with theft under section 812.014, but instead was charged under section 812.019 with dealing in stolen property")....

WIGGINTON, Judge. Appellant appeals his convictions, after jury trial, of trafficking in stolen property (Counts III and VIII), in violation of section 812.019(1), Florida Statutes, and making a false statement in an application for a vehicle title (Count IX), in violation of section 319.33(l)(e), Florida Statutes....

CHARLES B. CURRY, Associate Judge. The state appeals an order of the circuit court dismissing felony charges against ap-pellee Daniel Roberts. We reverse. Roberts was charged with dealing in stolen property. § 812.019, Fla.Stat....

...As suggested by Judge Le-han in Linehan , one essentially looks to the statute to determine whether it contains an intent other than the intent to do the act itself. See Shackleford v. State, 567 So.2d 30 (Fla. 1st DCA 1990). 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...

GROSS, J. Appellant William Youngs was convicted after a jury trial of dealing in stolen property, contrary to section 812.019(1), Florida Statutes (1997)....

...The *881 legislative scheme is clear and the same legislative rationale militates against allowing a defendant to plead guilty to inconsistent counts, i.e., stealing property with intent to use under section 812.014 or stealing property with intent to traffic in the stolen goods pursuant to section 812.019....

...ce of State Court Administrator, Tallahassee, Florida, for Petitioner -3-  APPENDIX 14.2 DEALING IN STOLEN PROPERTY (FENCING) § 812.019(1), Fla....

...If you find the defendant more of a “trafficker,” then you are to find the defendant guilty of dealing in stolen property only. Lesser Included Offenses -6-  DEALING IN STOLEN PROPERTY — TRAFFICKING — 812.019(1) CATEGORY ONE CATEGORY TWO FLA....

...§ 812.014(2)(c)(5), Fla. Stat. (2003). . § 812.014(2)(b), Fla. Stat. (2003). The petition on count three alleged the theft of "jewelry, automobile equipment or other household items” valued at more than $30,000. . § 812.014(2)(c)(6), Fla. Stat. (2003). . § 812.019(1), Fla....

...the charge of dealing in stolen property filed against defendant. See State v. Camp, 596 So.2d 1055 (Fla.1992). The undisputed facts present a pri-ma facie case that defendant attempted to sell a recently stolen tool to a third party in violation of section 812.019(1), Florida Statutes (1989)....

1981) in which the district court construed section 812.019, Florida Statutes, which pertains to dealing

CAMPBELL, Judge. Appellant, Ronald Hester, was charged by information with two counts of dealing in stolen property in violation of section 812.019, Florida Statutes (1981)....

...or sufficiency of the consideration given by the respective parties to the plea agreement. Bryant v. State, 644 So.2d 513 (Fla. 5th DCA 1994). AFFIRMED. PALMER, C.J. and SAWAYA, J., concur. NOTES [1] § 812.014(1) and (2)(c), Fla. Stat. (2007). [2] § 812.019(1), Fla....

...portance: Is a good faith purchaser for value of stolen property a “victim,” or “aggrieved party,” within the meaning of ss. 775.-089(l)(a) and (c), Florida Statutes (1989) so that a person convicted of dealing in stolen property pursuant to s. 812.019(1) may be ordered to pay restitution to that purchaser in the amount paid for the stolen property? We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution....

...en property is a “victim” within the meaning of subsections 775.089(l)(a) and (c). We approve the decision under review. It is so ordered. BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . § 810.02, Fla.Stat. (1989). . Section 812.019, Florida Statutes (1989), provides in pertinent part: "(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-” ....

property, which were second-degree felonies under section 812.019(1), Florida Statutes (2018), the trial court

...tution order rendered after he pleaded no contest and was adjudicated guilty for the offenses of obtaining money from a pawn broker by fraud in violation of section 539.001(8), Florida Statutes (2019), and dealing in stolen property in violation of section 812.019(1), Florida Statutes (2019).1 Because a portion of the amount of restitution ordered had no causal connection or relationship to the charged offenses, we reverse in part and remand with directions to strike that portion of the order.2...

...However, the judgment and sentence for uttering a forgery is affirmed since Burch entered a nolo plea to that charge and the motion to dismiss was not directed to that count in the information. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. DAUKSCH and W. SHARP, JJ., concur. . See § 812.019, Fla.Stat....

PER CURIAM. This is an appeal by the defendant Sally Wightman from a final order placing her on fifteen-years probation which was entered below upon a guilty plea to the felony of dealing in stolen property. § 812.019(2), Fla.Stat....

...direct the trial court to vacate Silfran’s judgment and sentence and afford him the opportunity to withdraw his plea. REVERSED and REMANDED. PALMER and LAWSON, JJ., concur. . By separate order, we granted Silfran’s petition for belated appeal. . § 812.019(2), Fla....

WIGGINTON, Judge. Appellant was convicted of dealing in stolen property contrary to section 812.019, Florida Statutes (1981)....

...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 the “otherwise” disposing of that property, because a person...

...s trafficked in stolen property. As noted by the state, the *1055 crime of dealing in stolen property is complete upon the attempt. Ervin v. State, 410 So.2d 510 (Fla. 2d DCA 1981), aff'd in part, 435 So.2d 815 (Fla.1983). 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....

PER CURIAM. Appellant was charged in four separate Informations with dealing in stolen property in violation of Section 812.019(1), Florida Statutes (1979)....

...s burden. Because a trial court is required to order restitution unless it finds clear and compelling reasons not to order such restitution, we find no abuse of discretion. § 775.089(l)(a)2, Fla. Stat. AFFIRMED. SHARP, W. and PLEUS, JJ„ concur. . § 812.019(1), Fla....

...Simmons was charged by information with dealing in stolen property and ordered to pay restitution in the amount of $3400. We reverse and remand with directions that the restitution order be amended to $200. Simmons was charged by information with dealing in two stolen ladders in violation of section 812.019(1), Florida Statutes (2006)....

...The trial court determined that Santos knowingly entered the plea, that she understood the nature of the charges against her and the consequences of the plea, and that Santos waived her right to require the State prove its case against her beyond a reasonable doubt. 1 Section 812.019(1), Florida Statutes (2012), 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. 77...

...nt. Soon thereafter Mr. Horn called on Spyder for warranty work and it came to light that the original serial number on that forklift was FE4470978, the number on the forklift reported stolen. 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.......

PER CURIAM. Defendant appeals his conviction for dealing in stolen property in violation of section 812.019(1), Florida Statutes (1983). We reverse. One of the requirements of this crime, as defined in section 812.019(1), is that defendant knew or should have known that the property was, in fact, stolen property....

...The record and briefing shall be prepared in accordance with the Florida Rules of Appellate Procedure and the timing requirements shall commence upon appointment of appellate counsel. Petition for Writ of Habeas Corpus GRANTED; Appeal No. 93-2724 REINSTATED. PETERSON and THOMPSON, JJ., concur. . § 810.02, Fla.Stat. . § 812.019, Fla.Stat....

PER CURIAM. 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....

...e snatching” incident in which appellant was charged with being both the perpetrator of the offense itself, and with presenting to a bank and cashing a bank money order taken from the purse. He was convicted of trafficking in stolen property under Section 812.019, Florida Statutes (1979), and acquitted on the robbery charge....

...(organizing). However, the trial court should have granted Rodriguez's motion for judgment of acquittal because the State failed to prove an element of that crime. The State charged Rodriguez with dealing in stolen property in violation of section 812.019(2), Florida Statutes (2014).1 The charge stemmed from a controlled sale of stolen herbicide....

...In order to prove Rodriguez guilty of dealing in stolen property (organizing) the State had to show (1) that he initiated, organized, planned, financed, directed, managed, or supervised a theft of the herbicide and (2) that he trafficked in the herbicide. § 812.019(2)....

...on his own farm, his "intent to personally put the stolen items to their normal use of consumption, constitutes only the crime of theft and not the crime of dealing in stolen property." Williams v. State, 590 So. 2d 515, 516 (Fla. 2d DCA 1991). The gravamen of section 812.019 is the prohibition against knowingly transferring stolen property to another....

PATTERSON, Judge. The appellant contests his conviction and sentence for dealing in stolen property and for delivery of cocaine respectively under sections 812.019(1) and 893.13(l)(a), Florida Statutes (1989)....

...on. The facts clearly support a conviction of theft under section 812.014, Florida Statutes (1989). However, the prosecutor chose not to charge the appellant with that offense. Instead, the appellant was charged with dealing in stolen property under section 812.019(1), Florida Statutes (1989)....

...019(1). Grimes v. State, 477 So.2d 649 (Fla. 1st DCA 1985); Townsley, 443 So.2d at 1073 . Therefore, while the appellant’s conviction for delivery of cocaine is affirmed, we reverse his conviction and sentence for dealing in stolen property under section 812.019(1), Florida Statutes (1989), and remand to the trial court for resentencing after preparation of a new scoresheet....

...AFFIRMED in part; four sentences VACATED; and REMANDED. DAUKSCH and PETERSON, JJ., concur. . Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). . § 831.01,- Fla.Stat. (1989). . § 831.02, Fla.Stat. (1989). . § 810.02(2), Fla.Stat. (1989). . § 812.019(1), Fla.Stat....

dealing in stolen property in violation of Section 812.-019, Florida Statutes. The trial court entered

...The remaining issues raised by Warren are without merit. Reversed and remanded for further proceedings consistent with this opinion. LEHAN, A.C.J., and HALL and PARKER, JJ., concur. NOTES [1] These were burglary of a structure, § 810.02(3), Fla. Stat. (1989); dealing in stolen property, § 812.019(1), Fla....

...Subsequently, he filed a demand for speedy trial pursuant to Fla.R.Crim.P. 3.191(c). Trial was set in due course and on the morning thereof the State filed a second amended information without leave of court. The new information charged appellant with the crime of dealing in stolen property, contrary to Section 812.019(1), Florida Statutes (1977)....

PER CURIAM. The appellant appeals from his conviction, after trial by jury, of dealing in stolen property in violation of section 812.019(1), Florida Statutes....

CAMPBELL, Judge. The appellant appeals from a conviction of trafficking in stolen property in violation of section 812.019(1), Florida Statutes (1979)....

...However, we find that as Ewing argues in his remaining claim, appellate counsel was ineffective for failing to present for the court’s consideration the claim that petitioner’s convictions for “dealing in stolen property — organized,” in violation of section 812.019(2), Florida Statutes, are fundamentally erroneous in *944 light of Goddard v....

...s a timely notice of appeal. If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent him on appeal. The resulting appeal shall be limited to the issues of whether petitioner’s convictions for violations of section 812.019(2) are erroneous, whether any such error is fundamental in nature, and if so, the appropriate remedy....

ALLEN, J. The appellant challenges an order by which the trial court granted the appellee’s Florida Rule of Criminal Procedure 3.190(c)(4) motions to dismiss an amended information charging him under section 812.019(1), Florida Statutes, with twenty-eight counts of dealing in stolen property....

...e items purchased by the appellee did not constitute “stolen property.” All three bases for the trial court’s order must be rejected. First, compliance with the Florida Pawnbroking Act does not relieve the ap-pellee of criminal liability under section 812.019(1)....

...Two laptop computers were stolen from two different victims, on different dates, and from different locations. Appellant pawned both sto *1053 len laptop computers during one transaction at the same pawn shop;- Appellant was charged with a count of dealing in stolen property in violation of section 812.019(1), Florida Statutes (2012), for each laptop.- A'separate case was filed and a separate trial was held as to each of the stolen laptops that Appellant pawned....

...[T]he mere fact [defendant] was charged with holding the property at a single time, does not subject him to double jeopardy.”). 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. Stat. (2012) (emphasis added). This definition applies to section 812.019(1), Florida Statutes (2012), under which Appellant was charged and convicted....

...le possibility that the error affected the jury’s verdict. Ciccarelli v. State, 531 So.2d 129 (Fla.1988); State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Webber also argues that he cannot be convicted of the crime of dealing in stolen property under section 812.019, Florida Statutes (1995), because he carried out no actual sale of the stolen credit cards, and that there could be no attempt to sell until he faced a buyer and began to exchange cards for cash....

...Rodriguez, Assistant Attorneys General, Tallahassee, for Appellee. PER CURIAM. The appellant, Femi Adoye, appeals his dual convictions for grand theft, a third-degree felony under section 812.014(2)(d), Florida Statutes (2015), and dealing in stolen property, a second-degree felony under section 812.019(1), Florida Statutes (2015)....

ZEHMER, Judge. M.L.K., a juvenile offender, appeals his conviction of dealing in stolen property, section 812.019, Florida Statutes, on two grounds: (1) that the trial court erred in admitting appellant’s incriminating statements in the absence of sufficient independent evidence to establish the corpus de-licti, and (2) that the state failed to...

...to the crime may be used to prove guilt. State v. Allen, 335 So.2d 823 (Fla.1976); Ruiz v. State, 388 So.2d 610 (Fla. 3d DCA 1980); Ussery v. State, 382 So.2d 380 (Fla. 3d DCA 1980). 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 .......

PER CURIAM. The appellant, Femi Adoye, appeals his dual convictions for grand theft, a third-degree felony under section 812.014(2)(d), Florida Statutes (2015), and dealing in stolen property, a second-degree felony under section 812.019(1), Florida Statutes (2015)....

. § 893.135(l)(b)l.c„ Fla. Stat. (1993) . § 812.019, Fla. Stat. (1993)

dealing in stolen property in violation of Section 812.019, Florida Statutes (1985). His convictions were

...Shortly thereafter, the officer called Capaldo and advised him that electronic merchandise similar to that which he had been shown was again available. In fact, no such merchandise existed. When Capaldo showed up to purchase the imaginary merchandise, he was arrested for violation of section 812.019(1) — Dealing in Stolen Property....

...st. In this case, the state set up a sting operation to ensnare Capaldo, who apparently had a propensity to deal in stolen property. But the undercover officer used nonexistent goods as bait. The issue before us, then, is whether it is a crime under section 812.019, Florida Statutes (1993), merely to be willing, even anxious, to deal in stolen property....

...oods even *1209 though it was established that the goods were not stolen). Id. at 1067. From the above quote, it is apparent that we are not the only appellate court that has held that there need be no stolen property involved for a conviction under section 812.019(1)....

...That is, the substantive offenses defined in the theft statute are defined so that one who attempts to commit [them] is deemed to have committed the completed crime. The substantive, completed crime is fully proved when an attempt, along with the requisite intent, is established. This identical language was used in section 812.019(1). 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). We affirm on the basis of Lamar but certify the following question to the supreme court: IS IT NECESSARY TO PROVE THE EXISTENCE OF STOLEN PROPERTY IN ORDER TO CONVICT UNDER SECTION 812.019(1), FLORIDA STATUTES (1993)? COBB and W....

dealing in stolen property in violation of section 812.019(1), Florida Statutes, and providing false verification

...n property did not constitute “one scheme or course of conduct.” *586 Benjamin Brown was charged with (1) grand theft of a firearm, in violation of section 812.014(2)(c)5., Florida Statutes (2009); (2) dealing in stolen property, in violation of section 812.019(1), Florida Statutes (2009); and (3) burglary of a dwelling while armed....

...2d 1221], 1989 [543 So. 2d 1205], 1992 [603 So. 2d 1175], 2003 [850 So. 2d 1272], 2005 [911 So. 2d 766 and 915 So. 2d 609], 2008 [986 So. 2d 563], and 2013 [109 So. 3d 721], and 2016. 14.2 DEALING IN STOLEN PROPERTY (FENCING) § 812.019(1), Fla....

...If you find the defendant more of a “trafficker,” then you are to find the defendant guilty of dealing in stolen property only. - 22 -  Lesser Included Offenses DEALING IN STOLEN PROPERTY — TRAFFICKING — 812.019(1) CATEGORY ONE CATEGORY TWO FLA....

...1989 [543 So. 2d 1205], 2007 [962 So. 2d 310], by adding the inferences in § 812.022(2)-(6), Fla. Stat., 2013 [121 So. 3d 520], and 2014 [140 So. 3d 992], and 2016. 14.3 DEALING IN STOLEN PROPERTY (ORGANIZING) § 812.019(2), Fla._Stat. To prove the crime of Dealing in Stolen Property (Organizing), the State must prove the following two elements beyond a reasonable doubt: 1....

...intent to sell, transfer, distribute, dispense or otherwise dispose of that property. Lesser Included Offenses DEALING IN STOLEN PROPERTY — MANAGING AND TRAFFICKING — 812.019(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Dealing in stolen 812.019(1) 14.2 property None Comment This instruction was adopted in 1981 and amended in 1989 [543 So....

FULMER, Judge. B.B.P. was charged by a petition for juvenile delinquency with being a principal to the offense of dealing in stolen property in violation of sections 812.019(1) and 777.011, Florida Statutes (2001)....

...guilty of grand theft pursuant to section 924.34, Florida Statutes (2001). We agree that the evidence was insufficient to support the charge of dealing in stolen property because it was not shown that B.B.P. intended to traffic in the stolen property. See § 812.019(1), Fla....

PER CURIAM. In this case we vacate the sentence imposed and remand for resentencing. On October 18, 1995 the defendant pleaded guilty to dealing in stolen property, a second degree felony. § 812.019(1), Fla.Stat....