Petit Theft/Retail Theft
Grand Theft/Grand Theft Auto
Robbery
Other Theft Crimes
812.155 Hiring, leasing, or obtaining personal property or
equipment with the intent to defraud; failing to return hired or
leased personal property or equipment; rules of evidence.
(1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.--Whoever,
with the intent to defraud the owner or any person lawfully
possessing any personal property or equipment, obtains the custody
of such personal property or equipment by trick, deceit, or
fraudulent or willful false representation shall be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.082, s.
775.083,
unless the value of the personal property or equipment is of a value
of $300 or more; in that event the violation constitutes a felony of
the third degree, punishable as provided in s.
775.082, s. 775.083, or
s. 775.084.
(2) HIRING OR LEASING WITH THE INTENT TO DEFRAUD.--Whoever,
with intent to defraud the owner or any person lawfully possessing
any personal property or equipment of the rental thereof, hires or
leases the personal property or equipment from the owner or the
owner's agents or any person in lawful possession thereof shall,
upon conviction, be guilty of a misdemeanor of the second degree,
punishable as provided in s.
775.082, s.
775.083,
unless the value of the personal property or equipment is of a value
of $300 or more; in that event the violation constitutes a felony of
the third degree, punishable as provided in s.
775.082, s. 775.083, or
s. 775.084.
(3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY.--Whoever,
after hiring or leasing any personal property or equipment under an
agreement to redeliver the same to the person letting such personal
property or equipment or his or her agent at the termination of the
period for which it was let, shall, without the consent of such
person or persons knowingly abandon or refuse to redeliver the
personal property or equipment as agreed, shall, upon conviction, be
guilty of a misdemeanor of the second degree, punishable as provided
in s.
775.082, s.
775.083,
unless the value of the personal property or equipment is of a value
of $300 or more; in that event the violation constitutes a felony of
the third degree, punishable as provided in s.
775.082, s. 775.083, or
s. 775.084.
(4) EVIDENCE.--
(a) In prosecutions under this section, obtaining the property or
equipment under false pretenses; absconding without payment; or
removing or attempting to remove the property or equipment from the
county without the express written consent of the lessor, is
evidence of fraudulent intent.
(b) In a prosecution under subsection (3), failure to redeliver the
property or equipment within 5 days after receipt of, or within 5
days after return receipt from, the certified mailing of the demand
for return is evidence of abandonment or refusal to redeliver the
property. Notice mailed by certified mail, return receipt requested,
to the address given by the renter at the time of rental shall be
deemed sufficient and equivalent to notice having been received by
the renter, should the notice be returned undelivered.
(c) In a prosecution under subsection (3), failure to pay any
amount due which is incurred as the result of the failure to
redeliver property after the rental period expires, and after the
demand for return is made, is evidence of abandonment or refusal to
redeliver the property. Amounts due include unpaid rental for the
time period during which the property or equipment was not returned
and include the lesser of the cost of repairing or replacing the
property or equipment if it has been damaged.
(5) DEMAND FOR RETURN.--Demand for return of
overdue property or equipment and for payment of amounts due may be
made in person, by hand delivery, or by certified mail, return
receipt requested, addressed to the lessee's address shown in the
rental contract.
(6) NOTICE REQUIRED.--As a prerequisite to
prosecution under this section, the following statement must be
contained in the agreement under which the owner or person lawfully
possessing the property or equipment has relinquished its custody,
or in an addendum to that agreement, and the statement must be
initialed by the person hiring or leasing the rental property or
equipment:
Failure to return rental property or equipment upon expiration of
the rental period and failure to pay all amounts due (including
costs for damage to the property or equipment) are evidence of
abandonment or refusal to redeliver the property, punishable in
accordance with section 812.155, Florida Statutes.
History.--s.
6, ch. 92-79; s. 1242, ch. 97-102; s. 2, ch. 98-214; s. 1, ch.
2001-141; s. 3, ch. 2006-51.
The material on
this page is not intended to be legal advice. Florida law is
continually changing therefore some of the provisions contained here
may be out of date. It is always best to consult a criminal defense
attorney about your legal rights and responsibilities regarding your
particular case.
Consult With an Experienced Orlando
Criminal Defense Lawyer
The facts of every theft case are different and if convicted you
could face jail or prison time. Because of this and other
complexities in handling these types of cases it is vitally
important that you obtain representation from a lawyer experienced
in defending, not prosecuting
these types of crimes.
If you have been
arrested and charged with petit theft, grand theft, robbery or any
other theft related offense contact Orlando criminal defense lawyer
Will Corzo or Sam
Kohrs. Call toll free
877-99CK-LAW for a free
consultation and explanation of your rights.