The 2023 Florida Statutes (including Special Session C)
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. . . ) 14.1 degree Petit theft - first 812.014(3)(b) 14.1 degree Battery 784.03 8.3 Resisting a Merchant 812.015 . . . ) 14.1 degree Petit theft - first 812.014(3)(b) 14.1 degree Battery 784.03 8.3 Resisting a Merchant 812.015 . . . ) 14.1 degree Petit theft - first 812.014(3)(b) 14.1 degree Battery 784.03 8.3 Resisting a Merchant 812.015 . . . 5.1 Aggravated Assault 784.021 8.2 Felony Battery 784.041 8.5 Battery 784.03 8.3 Resisting a Merchant 812.015 . . .
. . . Because the legislature enacted section 812.015(3)(a), Florida Statutes, which provides that law enforcement . . . The issue on appeal is governed by section 812.015, Florida Statutes (2016). . . . . § 812.015(3)(a), Fla. Stat. (2016). . . . The First District held that the officers' stop of the vehicle was authorized by section 812.015, Florida . . . See § 812.015(3)(a), Fla. Stat. We affirm. Affirmed. Gerber, C.J., and Klingensmith, J., concur. . . .
. . . Next, the third element includes all the circumstances set forth in section, 812.015(8)(a)-(d). . . . Definitions. § 812.015(l)(a), Fla. Stat. . . . . § 812.015(l)(b), Fla. Stat. . . . . § 812.015(l)(c), Fla. Stat. . . . See § 812.015(9), Fla. . . .
. . . (citing § 812.015(l)(d), Fla. Stat. (2012)). . . .
. . . Comment This instruction was adopted in 2015. 15.5 RESISTING RECOVERY OF STOLEN PROPERTY § 812.015(6) . . . “Property” means anything of value, and includes tangible personal property. § 812.015(1), Fla. . . . Affirmative Defense. § 812.015(6), Fla. Stat. . . . Lesser Included Offenses RESISTING RECOVERY OF STOLEN PROPERTY — 812.015(6) CATEGORY ONE CATEGORY TWO . . . Petit theft — first degree ⅜ 812.014(2)(e) 14.1 Battery 784.03 8.3 Assault 784.011 8.1 Comments ⅜ § 812.015 . . .
. . . The circuit court granted defendant’s motion to suppress, because under sections 901.15 and 812.015, . . . court erred as a matter of law by concluding that the officers did not have the authority under section 812.015 . . . This case was instead controlled by section 812.015(4), which specifically addresses warrantless arrests . . . K-Mart Corp., 396 So.2d 1164 (Fla. 3d DCA 1981) (affirming summary judgment for K-Mart under sections 812.015 . . . arrest for shoplifting, because the officer had probable cause to arrest the plaintiff under section 812.015 . . .
. . . Statutes (2013)), it is also subject to separate and more specific statutory treatment under section 812.015 . . . otherwise removed, depriving the owner of her or his lawful right to ownership and sale of said item. § 812.015 . . .
. . . Possession or use of an antishoplifting device countermeasure is prohibited by section 812.015(7), Florida . . . designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device. § 812.015 . . . The state charged Blunt with violating section 812.015(7). Id. . . . under the definition of an ‘antishoplifting or inventory control device countermeasure’ found in s. 812.015 . . . In the instant case, the booster bag used by Cenatis fits the plain language of section 812.015(l)(i) . . .
. . . . § 812.015(3)(a). . . . Stat. § 812.015(3)(a). See Chorak, 409 So.2d at 39. . . .
. . . Convicted of felony retail theft in violation of section 812.015(8)(a), Florida Statutes, Toccara McClover . . . Section 812.015(l)(d) defines retail theft as: taking possession of or carrying away of merchandise, . . .
. . . 812.014, Florida Statutes (2009), and felony retail theft in concert with others in violation of section 812.015 . . .
. . . 812.014, Florida Statutes (2009), and felony retail theft in concert with others in violation of section 812.015 . . . The elements of felony retail theft under section 812.015(8)(a) are: (1) Knowingly (2) taking possession . . . See § 812.015(l)(d), (8)(a), Fla. Stat. (2009). . . . In 1985, the Florida Supreme Court held, "Under section 812.015, retail theft is a species of the theft . . . While felony retail theft as defined in section 812.015(8)(a) contains an element that is not an element . . .
. . . The Committee sought to track the statutory language of section 812.015(6), Florida Statutes (2011), . . .
. . . Various statutes justify restraint under stated circumstances, e.g., F.S. 812.015, 901.15, 901.151 (2006 . . .
. . . See § 812.015(3)(a), Fla. Slat. (2006). . . .
. . . 784.011 8.1 Aggravated assault 784.021 8.2 Display of firearm 790.07 10.3 or .4 Resisting a merchant 812.015 . . . Aggravated battery 784.045 8.4 Assault 784.011 8.1 Display of weapon 790.07(1) 10.3 Resisting a merchant 812.015 . . . Aggravated battery -7-84Q45 84 Assault 7840-14 84 Displawof weapon .790,07(4) 10 3 Resisting a merchant 812.015 . . .
. . . juvenile disposition order adjudicating the appellant guilty of evasion of transit fare under section 812.015 . . . See § 812.015(1)0), Florida Statutes (2006). . . . See § 812.015(1)¾), Fla. Stat. (2006); Aversano v. . . . entry of fare-paying passengers, and shall constitute petit theft as proscribed by this chapter. § 812.015 . . .
. . . See § 812.015(6), Fla. Stat. (2004); see also Lane v. . . . See § 812.015(6), Fla. Stat. (2004); Stuckey. . . . purposes of this section the charge of theft and the charge of resisting may be tried concurrently. § 812.015 . . .
. . . Stat. (2005)(fleeing or eluding officer); § 812.015(6), Fla. . . . Section 812.015(6), Florida Statutes (2005), in pertinent part, provides: An individual who, while committing . . .
. . . Statutes § 812.014(1) as well as the misdemeanor offense of resisting a merchant under Florida Statutes § 812.015 . . .
. . . involved in his case used excessive force in coercing him to empty his pockets, in violation of section 812.015 . . . Section 812.015(3)(a) provides, in pertinent part: A law enforcement officer, a merchant, ... who has . . .
. . . The crime of resisting a merchant, as it is applicable to the present case, is described in section 812.015 . . .
. . . conviction for resisting a merchant’s employee’s efforts to recover stolen property in violation of section 812.015 . . . Section 812.015(6), Florida Statutes (2002). . . .
. . . See § 812.015(l)(c), Fla. Stat. (2002); Scott v. State, 519 So.2d 734 (Fla. 3d DCA 1988). . . .
. . . his lawyer did not request a charge on the lesser included offense of resisting a merchant, section 812.015 . . .
. . . .” § 812.015(6). We disagree. Ms. . . . DAVIS, J., and GREEN, OLIVER L., Senior Judge, concur. . § 812.015(6), Fla. Stal. (2001). . . .
. . . Section 812.015(6), Florida Statutes (1997), makes it a first degree misdemeanor for a shoplifter to . . .
. . . See § 812.015(6), Fla. Stat. (1997). . . .
. . . with the changes to the theft statute; section 11 amends the retail and farm theft statute (section 812.015 . . .
. . . antish-oplifting or inventory control device coun- . termeasure” for purposes of a prosecution under subsection 812.015 . . . Defendants were charged with, among other things, a violation of subsection 812.015(7), Florida Statutes . . . designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device.” § 812.015 . . . under the definition of an “antishoplift-ing or inventory control device countermeasure” found in s. 812.015 . . . Id. § 812.015(l)(h). . . . .
. . . Appellant challenges his conviction of resisting a retail merchant in violation of section 812.015(6) . . . Section 812.015(6), Florida Statutes (1997), provides, in relevant part: (6) An individual who, while . . .
. . . [COURT] I’ll look at 812.015. * * * [COURT] I’m going to suggest that we redact some of this, so that . . . And, basically, that I instruct the jury that Florida Statute 812.015 provides: ... . . . The court then read the jury instruction crafted from section 812.015(3)(a), Florida Statutes (1997): . . . pertinent portion of this rather long and detailed statute reads as follows, and it’s found in subsection [812.015 . . . take the offender into custody and detain the offender in a reasonable manner for a length of time.” § 812.015 . . .
. . . .” § 812.015(1)(b), Fla. Stat. (1995). . . .
. . . robbery, section 812.13(2)(c), Florida Statutes (1997) and resisting merchandise recovery, section 812.015 . . .
. . . Thus section 812.015, Florida Statutes, did not provide a basis to detain them. . . .
. . . would request a jury instruction on the lesser offense of resisting a merchant pursuant to section 812.015 . . . Pursuant to the 1992 amendment of section 812.015(6), Florida Statutes, the charge of resisting a merchant . . .
. . . counsel requested that the jury be instructed on the charge of resisting a merchant, pursuant to section 812.015 . . . Pursuant to the 1992 amendment of section 812.015(6), the charge of resisting a merchant is a permissive . . .
. . . . § 812.015(1) instead of Section 812.014(1). . . . This must be a scrivener’s error, because Section 812.015(1) merely defines words used in the retail . . .
. . . Pursuant to the 1992 amendment of section 812.015(6), Florida Statutes, the charge of resisting a merchant . . .
. . . Section 812.015, Fla.Stat. (1993). . In Young v. . . .
. . . State, 524 So.2d 658 (Fla.1988) and the version of the statute interpreted therein, section 812.015(6 . . . See § 812.015(6), Fla.Stat. (1993). . . .
. . . designation on the defendant’s sentence for the misdemeanor of resisting a merchant in violation of section 812.015 . . .
. . . . § 812.015(6), Fla.Stat. . . .
. . . raised the defense at trial that it was immune from liability for false imprisonment pursuant to Section 812.015 . . . Section 812.015(5) provides: A merchant, merchant’s employee, or farmer who takes a person into custody . . .
. . . . § 812.015, Fla.Stat. (1987). . § 843.02, Fla.Stat. (1987). . Fla.R.Crim.P. 3.701d.l4. . . .
. . . . § 812.015 (West Supp.1990); Ga.Code Ann. § 51-7-60 (Michie 1982); Idaho Code § 48 704 (1974); Ill.Rev . . .
. . . In K.C., the supreme court held that section 812.015(6) requires a finding of guilt on the underlying . . .
. . . authorized to conduct it, was an honest albeit mistaken effort to comply with the spirit of section 812.015 . . .
. . . Zayre’s answer raised section 812.015, Florida Statutes (1985) (immunity for merchants) as an affirmative . . . After noting the statutory predecessor of section 812.015, the court held that the facts in Rothstein . . .
. . . counts of resisting a store employee’s efforts to recover the merchandise, in violation of section 812.015 . . . Petitioner was adjudicated delinquent on all counts, and argued on appeal that section 812.015(6) precludes . . . recognized conflict with the First and Fifth District Courts of Appeal which have held that section 812.015 . . . We find these holdings consistent with the plain language of section 812.015(6). . . . Regardless of our views on this argument’s merit, the clear and unequivocal language of section 812.015 . . . In my view, section 812.015(6), Florida Statutes (1983), can reasonably be construed to require the jury . . .
. . . WestKilO So.2d 872 (Fla. 1st DCA 1985); § 812.015(3)(a), Fla.Stat. (1985); § 812.015(3)(b), Fla.Stat. . . .
. . . .§§ 812.014(1), (2)(b)1 & 812.015(1), Fla.Stat. (1985). . §§ 810.02(1) & (3), Fla.Stat. (1985). . §§ . . .
. . . counts of resisting the efforts of two store employees to recover the candy, in violation of section 812.015 . . . Section 812.015(6) provides as follows: An individual who resists the reasonable effort of a law enforcement . . .
. . . W.L.B. entered a plea of nolo contendere to a charge of resisting a merchant, Section 812.015(6), Florida . . .
. . . A theft can occur under sections 812.014(1) and 812.015(1)(d), Florida Statutes (1983), regardless of . . . Section 812.015, which defines retail theft as "the taking possession of ... merchandise ... with intent . . .
. . . We are compelled to agree with appellant that section 812.015(6), Florida Statutes (1983), as written . . .
. . . Section 812.015(3)(c) states that the taking into custody and detention by a law enforcement officer, . . . It has been determined that the protection of section 812.015 does not extend to claims of malicious . . . A comparison of the operative language of section 812.015 and that of section 626.-989 reveals much. . . . , or unlawful detention.” § 812.015(3)(c). . . . Section 812.015 creates an immunity for the persons specified, if they have conformed with the stated . . .
. . . In the enactment of section 812.015, Florida Statutes, Florida has recognized that shoplifting is a serious . . .
. . . months suspended, and placed on probation for a period of three years for violating sections 812.014 and 812.015 . . .
. . . intent to deprive the owner of the “full retail value of said property; contrary to chapter 812.014/812.015 . . . This definition is also contained in the retail theft statute. § 812.015(l)(c), Fla.Stat. (1981). . . . , and concluding that section 812.015 created no new crime of retail theft, but “simply provided a set . . . Under section 812.015, retail theft is a species of the theft defined in section 812.014, not a separate . . . Section 812.015 does not contain a penalty provision for first offenses, but merely enhances penalties . . .
. . . Séction 812.015(6), Florida Statutes (1981) provides: [a]n individual who resists the reasonable effort . . . We do noi agree with the Third District or Judge Rawls that section 812.015, Florida Statutes raises . . . found to be unreasonable, a result surely not contemplated by the legislature in the passage of section 812.015 . . . Because this common law right antedated the statutory right of reasonable detention under section 812.015 . . .
. . . The trial court apparently granted Al-bertson’s motion for summary judgment on the basis of section 812.015 . . . (Section 812.015(3)(c)). See Rothstein v. . . . But while the court may have been correct in holding that by virtue of section 812.015, it was reasonable . . .
. . . Compare the statutory definition of “retail theft” in section 812.015(l)(d), Florida Statutes (1981), . . . Stat.) and “the taking possession of” in the retail theft statute (§ 812.015(l)(d), Fla.Stat.) and “the . . .
. . . intent to deprive the owner of the “full retail value of said property; contrary to chapter 812.014/812.015 . . . Our colleagues at the Third District Court of Appeal held in Tobe that under section 812.015, “retail . . . While section 812.015(l)(d) defines “retail theft,” nowhere in section 812.015 is any specific punishment . . . Further, we cannot perceive when the “value of merchandise” as defined in section 812.015(l)(e) would . . . Instead of creating a separate crime of “retail theft” of merchandise by enacting section 812.015, we . . .
. . . by adding to this instruction the definition of value contained in the retail theft statute, section 812.015 . . .
. . . remained silent after she was apprehended by a retail store detective for shoplifting pursuant to Section 812.015 . . . State, 249 So.2d 51 (Fla. 3d DCA 1971); § 812.015(1)(c), Fla.Stat. (1981). . . .
. . . Albertson’s denied liability on the grounds that it was immune from suit under Florida statute § 812.015 . . . Fla.Stat.Ann. § 812.015 (West Supp.1983). . . .
. . . Section 812.015(6), Florida Statutes (1979), under which appellant was charged, includes as a material . . . Section 812.015(6) provides as follows: An individual who resists the reasonable effort of a peace officer . . .
. . . court has requested and received memoranda as to potential applicability of the lesser penalty of § 812.015 . . .
. . . Florida law, merchants, their employees, and peace officers who comply with the requirements of Section 812.015 . . . Section 812.015(4), (5). Viewing the evidence most favorably to appellants, Furlong v. . . . attention to appellants’ other cause of action, we note that the limited protection afforded by Section 812.015 . . .