Florida/Georgia Personal Injury & Workers Compensation

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

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

...Village of El Portal v. City of Miami Shores, 362 So.2d 275 (remedial statute with specific retroactivity provision). We have little difficulty in concluding that Section 812.035 is remedial in nature and thus applies retroactively. [13] The statute itself, in Section 812.037, states that "notwithstanding s. 775.021 [strict construction for crimes], ss. 812.012-812.037 shall not be construed strictly or liberally, but shall be construed in light of their purposes to achieve their remedial goals." [14] (emphasis supplied)....

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

...First, it is a well-established canon of construction that words in a penal statute must be strictly construed. See Perkins v. 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,...

...At the outset, it should be noted that the instant case presents this Court with no problem of statutory construction. To buttress this conclusion, several observations are in order relative to the scope of the Florida Anti-Fencing Act, sections 812.005-812.037, Florida Statutes (1977 & Supp....

...guarantees. As noted, however, the court's timing of its hearing was in response to the directive contained in subsection 812.035(5) that actions brought under the section "shall proceed as soon as practicable." Given the remedial nature of the act (section 812.037), we find nothing unreasonable about this directive and believe the circuit court was justified in conducting the hearing at the earliest possible opportunity in an effort to prevent further harm....

...broadly defined crime of theft, the act of which section 812.035 is a part is denominated "The Florida Anti-Fencing Act." § 812.005, Fla. Stat. (1977). Since we know that "fencing" refers to the marketing of stolen goods, and since sections 812.012-812.037 deal with theft, trafficking in stolen property, and related offenses, we must recognize the difficulty involved in applying the act to the situation of alleged fraud in the auto repair business....

...is clearly unconstitutional. NOTES [*] 812.035 Civil remedies; limitation on civil and criminal actions. — (1) Any circuit court may, after making due provisions for the rights of innocent persons, enjoin violations of the provisions of ss. 812.012-812.037 by issuing appropriate orders and judgments, including, but not limited to: (a) Ordering any defendant to divest himself of any interest in any enterprise, including real estate....

...(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of ss. 812.012-812.037....

...to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of ss. 812.012-812.037 and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked. (2) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of a provision of ss. 812.012-812.037 is subject to civil forfeiture to the state....

...(c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location. (5) The Department of Legal Affairs, any State Attorney, or any state agency having jurisdiction over conduct in violation of a provision of ss. 812.012-812.037 may institute civil proceedings under this section....

...damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits. (7) Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 shall have a cause of action for three-fold the actual damages sustained and, when appropriate, punitive damages. Such person shall also recover attorneys' fees in the trial and appellate courts and costs of investigation and litigation. (8) A final judgment or decree rendered in favor of the state in any criminal proceeding under ss. 812.012-812.037 shall estop the defendant in any subsequent civil action or proceeding as to all matters [as to] which such judgment or decree would be an estoppel as between the parties....

...In such action or proceeding, the state shall be entitled to the same relief as if the Department of Legal Affairs had instituted this action or proceeding. (10) Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 may be commenced [at any time within] 5 years after the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent, or restrain any violation of the provisions of ss. 812.012-812.037, the running of the period of limitations prescribed by this section with respect to any cause of action arising under subsection (6) or subsection (7) which is based in whole or in part upon any matter complained of in any such prosecution, action, or proceeding shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination. (11) The application of one civil remedy under any provision of ss. 812.012-812.037 shall not preclude the application of any other remedy, civil or criminal, under ss. 812.012-812.037 or any other section of the Florida Statutes....

...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)....

...The Florida Civil Theft Statute, part of the Civil Remedies for Criminal Practices Act, provides as follows: Any person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts.......

...The trial court's position fails upon a critical examination of the differences between judicially-created punitive damages and legislatively-created treble damages. Florida's civil theft statute is without question remedial, rather than punitive, in nature. See § 812.037, Fla. Stat. (1995) ("Notwithstanding §§ 775.021, 812.012-812.037 shall not be construed strictly or liberally, but shall be construed in light of their purposes to achieve their remedial goals.") (emphasis added)....

...provision of law." The statute contains its own tolling provisions and does not expressly adopt the tolling provision in section 775.15(6). Section 812.035 does not require a strict construction but is to be construed in light of its remedial goal. § 812.037, Fla....

...Section 775.15(2)(c) provides that prosecution for a misdemeanor of the first degree must be commenced within two years after it is committed. However, section 812.035(10), Florida Statutes (1997), provides that, "[n]otwithstanding any other provision of law," a criminal proceeding under sections 812.012-812.037 or section 812.081 may be commenced at any time within five years after the cause of action accrues....

...2d DCA 1990), this court noted that section 812.035(10) specifically provides that its statute of limitations controls "[n]otwithstanding any other provision of law" and held as follows: Section 812.035 does not require a strict construction but is to be construed in light of its remedial goal. § 812.037, Fla....

...2d 1245, 1247 (Fla. 5th DCA 2008); Haddad v. Cura, 674 So. 2d 168, 2 The civil theft statute is remedial in nature, and the term “actual damages,” in the absence of any statutory definition, is used synonymously with “compensatory damages.” See § 812.037, Fla. Stat. (“Notwithstanding s. 775.021, ss. 812.012–812.037 shall not be construed strictly or liberally, but shall be construed in light of their purposes to achieve their remedial goals.”); Snyder v....

...Bank of Nova Scotia Trust Co., 450 So.2d 1157, 1166 (Fla. 3d DCA 1984). We agree with the trial court that any recovery under section 741.24 should be offset against any judgment under section 812.035(7). Although section 812.-035(11) provides that a civil remedy under any provision of sections 812.012-812.037 is not exclusive, section 812.037 states that section 812.035(11) “shall not be construed strictly or liberally, but shall be construed in light of [its] purposes to achieve [its] remedial goals.” We hold accordingly that section 812.035(11) permits suit under bot...

...(2) The recovery shall be limited to the actual damages in an amount not to exceed $2,500, in addition to taxable court costs. . Section 812.035(7), Florida Statutes (1983) provides: (7) Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 shall have a cause of action for threefold the actual damages sustained and, when appropriate, punitive damages....

...nvestigation and litigation. A 1984 amendment to the statute also provides for minimum damages in the amount of $200. .Section 812.035(11), Florida Statutes (1983) provides: (11) The application of one civil remedy under any provision of ss. 812.012-812.037 shall not preclude the application of any other remedy, civil or criminal, under ss. 812.012-812.037 or any other section of the Florida Statutes.