Florida Statute 812.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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812.16 Operating chop shops; definitions; penalties; restitution; forfeiture.—

(1) As used in this section, the term:

(a) “Chop shop” means any area, building, storage lot, field, or other premises or place where one or more persons are engaged or have engaged in altering, dismantling, reassembling, or in any way concealing or disguising the identity of a stolen motor vehicle or of any major component part of a stolen motor vehicle; where there are two or more stolen motor vehicles present; or where there are major component parts from two or more stolen motor vehicles present.

(b) “Major component part” means one of the following subassemblies of a motor vehicle, regardless of its actual market value: front-end assembly, including fenders, grills, hood, bumper, and related parts; frame and frame assembly; engine; transmission; T-tops; rear clip assembly, including quarter panels and floor panel assembly; doors; and tires, tire wheels, and continuous treads and other devices.

(c) “Motor vehicle” includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which device is self-propelled or may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway, including but not limited to farm machinery and steam shovels.

(2) Any person who knowingly owns, operates, or conducts a chop shop or who knowingly aids and abets another person in owning, operating, or conducting a chop shop is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who violates this section, upon conviction, in addition to any other punishment, may be ordered to make restitution to the rightful owner of a stolen motor vehicle or of a stolen major component part, or to the owner’s insurer if the owner has already been compensated for the loss by the insurer, for any financial loss sustained as a result of the theft of the motor vehicle or a major component part. Restitution may be imposed in addition to any imprisonment or fine imposed, but not in lieu thereof.

(4) The following may be seized and are subject to forfeiture pursuant to ss. 932.701-932.704:

(a) Any stolen motor vehicle or major component part found at the site of a chop shop or any motor vehicle or major component part for which there is probable cause to believe that it is stolen but for which the true owner cannot be identified.

(b) Any engine, tool, machine, implement, device, chemical, or substance used or designed for altering, dismantling, reassembling, or in any other way concealing or disguising the identity of a stolen motor vehicle or any major component part.

(c) A wrecker, car hauler, or other motor vehicle that is knowingly used or has been used to convey or transport a stolen motor vehicle or major component part.

History.—s. 49, ch. 87-243; s. 72, ch. 95-211.

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Amendments to 812.16

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 812.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

S812.16 2 - PROPERTY CRIMES - OWN OPERATE CONDUCT OR AID AND ABET CHOP SHOP - F: T

Cases Citing Statute 812.16

Total Results: 11 | Sort by: Relevance | Newest First

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Bruce v. Beary, 498 F.3d 1232 (11th Cir. 2007).

Cited 29 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 21283, 2007 WL 2492101

...rtised replication of factory VIN decals. Shortly thereafter, Bruce was arrested and charged with possession of loose VIN plates in violation of Fla. Stat. § 319.30(5)(b),8 and with operating a “chop shop,” in violation of Fla. Stat. § 812.16(2).9 5 Although the district court found that Bruce told the officers there was no gun in the briefcase, the court relied upon the officer’s incident report for this finding....

...At approximately 6:00 p.m., Root obtained a search warrant in order, he testified, to seize the records and other items at the Premises. Root’s supporting affidavit averred that during the course of the administrative inspection, the present.” Fla. Stat. 812.16(2). 6 officers found two vehicles that had been reported stolen and six other vehicles with missing or altered VIN plates....

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In Re Stand. Jury Instructions in Civil Cases—Report No. 09-01, 35 So. 3d 666 (Fla. 2010).

Cited 14 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

or [damage] to (claimant). b. Violation of F.S. 812.016 (Possession of altered property): whether (defendant)

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Kuria v. Bmlrw, Lllp, 101 So. 3d 425 (Fla. 1st DCA 2012).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 20811, 2012 WL 6029107

...injury. Based on the plain language of the statute, we affirm. 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....

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Vargas v. State, 34 So. 3d 44 (Fla. 4th DCA 2010).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2950, 2010 WL 785813

...y instruction in this case (because no standard instruction exists), the state had to prove the defendant knowingly owned, operated or conducted a chop shop, or knowingly aided and abetted another in operating, owning, or conducting a chop shop. See § 812.16(2), Fla....

...sing the identity of a stolen motor vehicle or of any major component part of a stolen motor vehicle; where there are two or more stolen motor vehicles present; or where there are major component parts from two or more stolen motor vehicles present. § 812.16(1)(a), Fla....

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Beary v. Bruce, 804 So. 2d 579 (Fla. 5th DCA 2002).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 63189

...es, and that several VINs had been removed and/or altered on certain vehicles located at A Plus. The Unit also observed two Dodge Caravans that had been reported stolen. Because the Unit surmised that A Plus was running a "chop shop" in violation of section 812.16(a), Florida Statutes, various motor vehicles and items of personal property, together with $20,000 in cash, were seized....

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Stand. Jury Instructions—Civil Cases (No. 98-3), 720 So. 2d 1077 (Fla. 1998).

Cited 1 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 534, 1998 Fla. LEXIS 1898, 1998 WL 699775

any fashion. b. Violation of Florida Statutes § 812.016 (Possession of altered property) On (claimant’s)

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Kelley v. State, 720 So. 2d 272 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 12959, 1998 WL 719506

was charged with operating a chop shop under section 812.16, Florida Statutes (1995). He pleaded guilty

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Parnell v. State, 661 So. 2d 128 (Fla. 5th DCA 1995).

Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 10587, 1995 WL 592471

of operating a “chop shop,” in violation of section 812.16, Florida Statutes. We reject appellant’s arguments

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Adkins v. State, 576 So. 2d 392 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2249, 1991 WL 35441

abetting “chop shop” activities in violation of section 812.-16(2), Florida Statutes, he was not charged with

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Rauniel Quintero v. The State of Florida (Fla. 3d DCA 2024).

Published | Florida 3rd District Court of Appeal

...Discerning no error, we affirm the well-reasoned order under review. BACKGROUND Quintero was charged with six felony counts, including grand theft, in violation of section 812.014(2)(C)6., Florida Statutes (2020), operating a chop shop, in violation of section 812.16(2), Florida Statutes (2020), and possession of a vehicle without an assigned identification number plate, in violation of section 319.30(4), Florida Statutes (2020)....

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Thomas v. State, 805 So. 2d 989 (Fla. 2d DCA 2001).

Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 17061, 2001 WL 1538820

THREADGILL, Acting Chief Judge. The appellant challenges judgments and sentences for operating a chop shop, in violation of section 812.16(2), Florida Statutes (1997), and grand theft, in violation of section 812.014(2)(a), Florida Statutes (1997)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.