The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.035

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 or s. 812.081 by issuing appropriate orders and judgments, including, but not limited to:

(a) Ordering any defendant to divest himself or herself 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 or she was engaged in violation of the provisions of ss. 812.012-812.037 or s. 812.081.

(d) Ordering the suspension or revocation of any license, permit, or prior approval granted to any enterprise by any department or agency of the state.

(e) Ordering the forfeiture of the charter of a corporation organized under the laws of the state or the revocation of a certificate authorizing a foreign corporation 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 or s. 812.081 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 or s. 812.081 is subject to civil forfeiture to the state. The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, it shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons.

(3) Property subject to forfeiture under this section may be seized by a law enforcement officer upon court process. Seizure without process may be made if:

(a) The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant.

(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.

(c) The law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to the public health or safety.

(d) The law enforcement officer has probable cause to believe that the property is otherwise subject to forfeiture under this section.

(4) In the event of a seizure under subsection (3), a forfeiture proceeding shall be instituted promptly. When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer may:

(a) Place the property under seal.

(b) Remove the property to a place designated by the court.

(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 or s. 812.081 may institute civil proceedings under this section. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions, or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.

(6) Any aggrieved person may institute a proceeding under subsection (1). In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.

(7) The state, including any of its agencies, instrumentalities, subdivisions, or municipalities, if it proves by clear and convincing evidence that it has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 or s. 812.081, 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 shall also recover court costs and reasonable attorney’s fees in the trial and appellate courts. In no event shall punitive damages be awarded under this section. The defendant shall be entitled to recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim which was without substantial fact or legal support.

(8) A final judgment or decree rendered in favor of the state in any criminal proceeding under ss. 812.012-812.037 or s. 812.081 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.

(9) The Department of Legal Affairs may, upon timely application, intervene in any civil action or proceeding brought under subsection (6) or subsection (7) if he or she certifies that, in his or her opinion, the action or proceeding is of general public importance. 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 or s. 812.081 may be commenced at any time within 5 years after the cause of action accrues; however, in a criminal proceeding under ss. 812.012-812.037 or s. 812.081, the period of limitation does not run during any time when the defendant is continuously absent from the state or is without a reasonably ascertainable place of abode or work within the state, but in no case shall this extend the period of limitation otherwise applicable by more than 1 year. 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 or s. 812.081, 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 or s. 812.081 shall not preclude the application of any other remedy, civil or criminal, under ss. 812.012-812.037 or s. 812.081 or any other section of the Florida Statutes.

History.—s. 12, ch. 77-342; s. 293, ch. 79-400; s. 1, ch. 84-304; s. 2, ch. 85-34; s. 4, ch. 86-277; s. 5, ch. 92-79; s. 1238, ch. 97-102; s. 4, ch. 2016-5.

F.S. 812.035 on Google Scholar

F.S. 812.035 on Casetext

Amendments to 812.035

Arrestable Offenses / Crimes under Fla. Stat. 812.035

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 812.035.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ST. JOHNS VEIN CENTER, INC. a C- v. STREAMLINEMD LLC, M. G. CVDJBA, LLC,, 347 F. Supp. 3d 1047 (M.D. Fla. 2018)

. . . Defendants and CVDJBA) stole SJVC's trade secrets in violation of Florida Statutes sections 812.081 and 812.035 . . . response to CVDJBA's contention regarding attorney's fees, SJVC "acknowledges that a violation of section 812.035 . . .

ROBINSON, v. STATE, 205 So. 3d 584 (Fla. 2016)

. . . absence from the state did not toll the five-year grand theft statute of limitations under section 812.035 . . . bootstrap the general provisions of section 775.15(5)(b) and (6) onto the specific provisions of section 812.035 . . . that it supersedes or adds to the specific limitation provisions for grand theft provided in section 812.035 . . . concluded that even if the tolling provisions of section 775.15 could be bootstrapped onto section 812.035 . . . be distinguishable because the statute of limitations primarily being construed in Perez was section 812.035 . . .

STATE v. SOEBHAG,, 163 So. 3d 672 (Fla. Dist. Ct. App. 2015)

. . . Section 812.035(10) provided, in pertinent part, that “the period of limitation does not run during any . . . Stat. (1999), with § 812.035(10), Fla. Stat. (2000). . . . control over general ones, we held that subsections (5) and (6) of section 775.15 must “yield to section 812.035 . . .

STATE v. FERNANDEZ,, 145 So. 3d 215 (Fla. Dist. Ct. App. 2014)

. . . properly conceded that the applicable statute of limitations is the five-year period specified in section 812.035 . . .

A. MANZINI, v. STATE, 115 So. 3d 1015 (Fla. Dist. Ct. App. 2013)

. . . sought dismissal of the charge against him based on the five-year statute of limitations under section 812.035 . . .

MERRITT v. OLMHP, LLC, a, 112 So. 3d 559 (Fla. Dist. Ct. App. 2013)

. . . See §§ 772.011(1), 812.035(7); see also Shuler Bros., 590 So.2d at 988 (quoting Slomowitz v. . . .

STATE v. T. PELHAM,, 99 So. 3d 599 (Fla. Dist. Ct. App. 2012)

. . . naturally steers us toward an interpretation of rule 3.191 that does not interfere with sections 775.15 and 812.035 . . . Section 812.035(10) allows five years within which the state must file most theft charges. . . .

FIDELITY WARRANTY SERVICES, INC. v. FIRSTATE INSURANCE HOLDINGS, INC. PR., 98 So. 3d 672 (Fla. Dist. Ct. App. 2012)

. . . .” §§ 772.104(8), 812.035(7), Fla. Stat. . . .

STATE v. PEREZ,, 72 So. 3d 306 (Fla. Dist. Ct. App. 2011)

. . . Section 812.035(10), Florida Statutes (2000), is the statute of limitations for theft. State v. . . . Section 812.035(10) provides a five-year limitations period. . . . . § 812.035(10). Here, the limitations period began to run on September 1, 2000. . . . See § 812.035(10); Brown, 674 So.2d at 741 n. 2. At the hearing on her motion to dismiss, Ms. . . . Perez conceded that the State was entitled to a six-year limitations period allowed by section 812.035 . . .

ZAKI KULAIBEE ESTABLISHMENT, v. H. McFLICKER,, 788 F. Supp. 2d 1363 (S.D. Fla. 2011)

. . . Stat. 812.035(1) (Count VII), conversion (Count VIII), and violation of the Uniform Fraudulent Transfers . . .

STATE v. THOMAS,, 26 So. 3d 659 (Fla. Dist. Ct. App. 2010)

. . . .” § 812.035(10), Fla. Stat. (2003). . . .

SCHUSTER, v. STATE, 21 So. 3d 117 (Fla. Dist. Ct. App. 2009)

. . . See § 812.035(10), Fla. Stat. (2001). . . .

NAVARRO, v. STATE, 19 So. 3d 1180 (Fla. Dist. Ct. App. 2009)

. . . In response, the State argued that the five-year statute of limitations set forth in section 812.035( . . . Section 812.035(10) provides that “a criminal ... action or proceeding under ss. 812.012-812.037 or s . . . the State’s proper confession of error, we find that the five-year statute of limitations in section 812.035 . . . Even though the language of section 812.035(10) encompasses the substantive offenses of dealing in stolen . . .

McLAUGHLIN, v. STATE, 15 So. 3d 872 (Fla. Dist. Ct. App. 2009)

. . . However, section 812.035(10), Florida Statutes (1995), provides that “[n]otwithstanding any other provision . . . Section 812.035(10) provides that, for the grand theft charge, the defendant’s absence from the state . . .

STATE v. SUAREZ,, 13 So. 3d 72 (Fla. Dist. Ct. App. 2009)

. . . Both sections 775.15 and 812.035, Florida Statutes (2001), provide for tolling of the statutory time . . . See §§ 775.15, 812.035(10). . . .

KIDD, v. STATE, 985 So. 2d 1180 (Fla. Dist. Ct. App. 2008)

. . . . § 812.035(10), Fla. Stat. . . .

O STEWART, v. STATE, 987 So. 2d 729 (Fla. Dist. Ct. App. 2008)

. . . section 812.014, Florida Statutes, are subject to a five year limitations period pursuant to section 812.035 . . .

OCALA JOCKEY CLUB, LLC, L. v. ROGERS,, 981 So. 2d 1245 (Fla. Dist. Ct. App. 2008)

. . . DCA 1986) (“[T]he law is clear that a jury is not authorized to award treble damages under Section 812.035 . . .

STATE v. RAMOS,, 975 So. 2d 638 (Fla. Dist. Ct. App. 2008)

. . . Section 812.035(10), Florida Statutes (1995), is the statute of limitations applicable to a charge of . . .

STATE v. PAULK,, 946 So. 2d 1230 (Fla. Dist. Ct. App. 2007)

. . . Section 812.035(10), Florida Statutes (2000), established a five year limitations period for grand theft . . . Notwithstanding the clear direction of section 812.035(10), Paulk’s counsel argued to the trial court . . . Under section 812.035(10), the statute of limitations was tolled for one year, based on Paulk’s New Jersey . . .

PONTIUS, v. STATE, 932 So. 2d 618 (Fla. Dist. Ct. App. 2006)

. . . . § 812.035(10), Fla. Stat. (2005). . . .

W. NOOE, v. STATE, 930 So. 2d 579 (Fla. 2006)

. . . 466 (Fla. 3d DCA 2002), was decided on the issue of the statute of limitations pursuant to section 812.035 . . .

WILLIAMS, v. STATE, 913 So. 2d 760 (Fla. Dist. Ct. App. 2005)

. . . . § 812.035(10), Fla. Stat. (1998). . . .

STATE v. J. TOWNSEND,, 884 So. 2d 525 (Fla. Dist. Ct. App. 2004)

. . . In Telesz, we held that the five-year statute of limitations set forth in section 812.035(10), Florida . . .

ABDULLAH, v. STATE, 883 So. 2d 843 (Fla. Dist. Ct. App. 2004)

. . . See § 812.035(10), Fla. Stat. (1993); State v. Telesz, 873 So.2d 1236 (Fla. 2d DCA 2004). . . .

EFRON, v. MILTON,, 892 So. 2d 497 (Fla. Dist. Ct. App. 2004)

. . . civil theft and civil RICO are barred by the five-year statute of limitations, according to sections 812.035 . . .

STATE v. TELESZ,, 873 So. 2d 1236 (Fla. Dist. Ct. App. 2004)

. . . However, section 812.035(10), Florida Statutes (1997), provides that, “[notwithstanding any other provision . . . (Fla. 2d DCA 1987), this court determined that the offense of grand theft is controlled by section 812.035 . . . Guthrie, 567 So.2d 544, 545 (Fla. 2d DCA 1990), this court noted that section 812.035(10) specifically . . . Several other district courts have held that section 812.035 takes precedent over section 775.15 in grand . . . We note that there is no language in section 812.035(10) or section 775.15 which would suggest that the . . .

N. PEARSON, v. STATE, 867 So. 2d 517 (Fla. Dist. Ct. App. 2004)

. . . . §§ 775.15(2)(a), 812.035(10), Fla. Stat. (1993). . . .

COLONNADE MEDICAL CENTER, INC. v. STATE AGENCY FOR HEALTH CARE ADMINISTRATION,, 847 So. 2d 540 (Fla. Dist. Ct. App. 2003)

. . . provided by law, including but not limited to, the remedies provided in subsections (12) and (15) and s. 812.035 . . .

SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY, v. L. HOOVER, R., 833 So. 2d 261 (Fla. Dist. Ct. App. 2002)

. . . plaintiff, pursuant to Section 627.428(1), Florida Statutes (2001), and the defendant, pursuant to Section 812.035 . . .

STATE v. K. McCUBBINS,, 817 So. 2d 966 (Fla. Dist. Ct. App. 2002)

. . . . § 812.035(10), Fla. . . .

STATE v. DIAZ,, 814 So. 2d 466 (Fla. Dist. Ct. App. 2002)

. . . Section 812.035(10) provides that notwithstanding any other provision of law, a criminal or civil action . . . GUILLERMO ANTONIO CUTIE approving said invoices for payment, in violation of s. 812.014(l)(2)(a) and s. 812.035 . . . RELEVANT STATUTES Florida Statute § 812.035(10) provides: Notwithstanding any other provision of law, . . .

STATE v. SHAMY,, 759 So. 2d 728 (Fla. Dist. Ct. App. 2000)

. . . Here, under sections 812.035(10) and 775.15(5), Florida Statutes (1989), Shamy’s right to be protected . . .

FURST, v. BLACKMAN, N. W. M., 744 So. 2d 1222 (Fla. Dist. Ct. App. 1999)

. . . state a cause of action for equitable relief; and 10) failure to state a cause of action under section 812.035 . . .

SNYDER, v. G. BELL, U A D G. U A D v., 746 So. 2d 1096 (Fla. Dist. Ct. App. 1999)

. . . , 1165 (Fla. 3d DCA 1984) (finding that the prior version of the civil theft statute, then sec tion 812.035 . . .

In TOWER ENVIRONMENTAL, INC. v., 260 B.R. 213 (Bankr. M.D. Fla. 1998)

. . . . § 812.035(1) empowers the State criminal court to restrict or terminate a business enterprise in the . . .

WILLIAMS, v. STATE, 707 So. 2d 897 (Fla. Dist. Ct. App. 1998)

. . . . § 812.035(10), Fla. . . . Section 812.035(10), Florida Statutes, the grand theft statute of limitations, was amended in 1992 to . . .

STATE v. R. HAMPTON,, 692 So. 2d 278 (Fla. Dist. Ct. App. 1997)

. . . grand theft prosecutions are controlled by the more specific statute of limitations found in section 812.035 . . . The correct period is five years as indicated by section 812.035(10). REVERSED AND REMANDED. . . .

W. SARKIS W. v. PAFFORD OIL COMPANY, INC. a a, 697 So. 2d 524 (Fla. Dist. Ct. App. 1997)

. . . sections 501.201-501.213, Florida Statutes,(Count XXI), an action for civil theft pursuant to section 812.035 . . .

ARNOLD, v. STATE, 689 So. 2d 1234 (Fla. Dist. Ct. App. 1997)

. . . information, alleging that prosecution was barred by the applicable statute of limitation, section 812.035 . . . was no out-of-state tolling provision to the five-year statute of limitations contained in section 812.035 . . .

ESCUDERO, v. HASBUN,, 689 So. 2d 1144 (Fla. Dist. Ct. App. 1997)

. . . transferring or otherwise disposing of certain bank funds pursuant to Florida’s Civil Theft Statute, section 812.035 . . . Section 812.035(6), Florida Statutes (1995) provides: (1) Any circuit court may, after making due provisions . . .

F. GREENBERG, H. M. a v. GROSSMAN,, 683 So. 2d 156 (Fla. Dist. Ct. App. 1996)

. . . See § 812.035(7), Fla.Stat. (1995). . . .

BROWN, v. STATE, 674 So. 2d 738 (Fla. Dist. Ct. App. 1995)

. . . See §§ 775.15(2)(b) and (d), and 812.035, Fla.Stat. (1981). . . . .

LOSADA, v. HUMANA MEDICAL PLAN, INC., 659 So. 2d 367 (Fla. Dist. Ct. App. 1995)

. . . Humana filed suit against Losada seeking injunctive relief under subsection 812.035(6), Florida Statutes . . . We agree with Losada that attorney’s fees are awardable to a defendant under subsection 812.035(7), Florida . . . Statutes, where a private plaintiff seeks injunctive relief pursuant to subsection 812.035(6), “upon . . . Id. § 812.035(7). . . . However, it is not clear whether any of the cited cases involved a claim under subsection 812.035(6). . . .

B P LIQUORS, INC. a v. MUNDER,, 654 So. 2d 307 (Fla. Dist. Ct. App. 1995)

. . . See §§ 772.11, 812.035(10), Fla.Stat. (1989). . . .

T. SALTER, v. STATE, 651 So. 2d 1228 (Fla. Dist. Ct. App. 1995)

. . . He further argues the tolling provision of section 812.035(10), Florida Statutes (1993), is not applicable . . . The out-of-state tolling provision of section 812.035(10) became effective on October 1, 1992. . . .

COULTER CORPORATION, v. LEINERT,, 869 F. Supp. 732 (E.D. Mo. 1994)

. . . Ch. 772.11 and 812.035(6), a plaintiff may bring a civil action for theft of a trade secret using the . . .

GAMBOLATI, v. SARKISIAN,, 622 So. 2d 47 (Fla. Dist. Ct. App. 1993)

. . . Section 812.035(7) provides in pertinent part that “[t]he defendant shall be entitled to recover reasonable . . . substantial legal support and the trial court erred in denying his motion for attorney’s fees under sections 812.035 . . .

M. KORMAN, v. IGLESIAS,, 825 F. Supp. 1010 (S.D. Fla. 1993)

. . . In determining whether the defendants had committed civil theft, the court construed § 812.035(10), Florida . . . a predecessor statute to § 772.17 is inconsequential as the language of § 772.17 mirrors that of § 812.035 . . .

FRASER, v. SECURITY AND INVESTMENT CORPORATION,, 615 So. 2d 841 (Fla. Dist. Ct. App. 1993)

. . . Section 812.035(7). Here, the evidence, although conflicting, meets the standard. Cf. Slomowitz v. . . .

In BALTA, ENGLER ENGINEERING CORPORATION, v. BALTA,, 151 B.R. 506 (Bankr. E.D. Mo. 1993)

. . . . § 812.035(7). . . . .

GILMAN YACHT SALES, INC. v. FIRST NATIONAL BANK OF CHICAGO,, 600 So. 2d 1131 (Fla. Dist. Ct. App. 1992)

. . . The trial court granted the motion for fees and costs under the civil theft statute, section 812.035( . . . Violation of sections 812.012 and 812.014, Florida Statutes, brought under section 812.035, Florida Statutes . . .

J. FRIEDMAN, v. LAUDERDALE MEDICAL EQUIPMENT SERVICE, INC., 591 So. 2d 328 (Fla. Dist. Ct. App. 1992)

. . . appellant challenges an order of the trial court refusing to award him attorney’s fees under section 812.035 . . . The appellant moved to assess attorney’s fees pursuant to section 812.035(7) on the ground that, based . . . recovery on other claims does not vitiate the appellant’s entitlement to attorney’s fees under section 812.035 . . . But sections 772.11 and 812.035 are claim specific. . . .

In E. KEENE J. JOHNSON v. E. KEENE J., 135 B.R. 162 (Bankr. S.D. Fla. 1991)

. . . judgment provides that the jury “found the Defendants liable for civil theft under Florida Statutes § 812.035 . . . Keene, individually, and Pelican Unlimited, Inc. liable for civil theft under Florida Statutes § 812.035 . . . Keene, liable for civil theft under Fla.Stat. §§ 812.035(7) and 812.014(1) (1985). . . . Florida Statute § 812.035(7) (1985) provides as follows: (7) Any person who is injured in any fashion . . . In 1987, Fla.Stat. § 812.035(7) was amended to eliminate a private right of action. . . .

ASPEN INVESTMENTS CORPORATION, v. E. HOLZWORTH,, 587 So. 2d 1374 (Fla. Dist. Ct. App. 1991)

. . . Section 812.035(7). Here, the evidence, although conflicting, meets the standard. Cf. Slomowitz v. . . . Section 812.035(7) which previously applied to "any person," now applies only to the state and its agencies . . .

ARABIAN AMERICAN OIL COMPANY, a v. SCARFONE,, 939 F.2d 1472 (11th Cir. 1991)

. . . This provision was formerly codified at section 812.035(7), but is now codified at Fla.Stat.Ann. § 772.11 . . .

AAGAARD- JUERGENSEN, INC. v. LETTELIER,, 579 So. 2d 404 (Fla. Dist. Ct. App. 1991)

. . . Section 812.035 provides: 812.035 Civil remedies; limitation on civil and criminal actions.— ****** ( . . . Section 812.035 states that a victim of civil theft “shall ... recover court costs and reasonable attorneys . . . GOSHORN and GRIFFIN, JJ., concur. . § 812.035(7), Fla.Stat. (1985). . . . . Effective October 1, 1986 section 812.035 was amended to limit treble damages to the state or its agencies . . . was amended to provide individual claimants with the remedy of treble damages which the new section 812.035 . . .

PALM BEACH ATLANTIC COLLEGE, INC. v. FIRST UNITED FUND, LTD., 928 F.2d 1538 (11th Cir. 1991)

. . . Section 812.035(7) granted a cause of action, for both individuals and the state, “for three-fold the . . . Subsequently, section 812.035(7) was amended. . . . The amended section 812.035(7), which became effective on October 1, 1986, provided a remedy only for . . . The amended section 812.035(7) also established a “clear and convincing evidence” burden of proof for . . . (amended section 812.035(7) is retrospectively applicable), review denied, 518 So.2d 1277 (Fla.1987). . . .

HARTLINE REAL ESTATE, INC. v. VENTURE OUT AT CUDJOE CAY, INC., 573 So. 2d 1069 (Fla. Dist. Ct. App. 1991)

. . . . § 812.035(6), Fla.Stat. (1989). 1.221; . . .

TINWOOD N. V. v. SUN BANKS, INC., 570 So. 2d 955 (Fla. Dist. Ct. App. 1990)

. . . Civil theft is recognized under section 812.035, Florida Statutes (1985). . . . may justify a breach of contract action but does not become a theft which is actionable under séction 812.035 . . .

TOBIN THOMSON, P. A. v. GOLAN,, 568 So. 2d 100 (Fla. Dist. Ct. App. 1990)

. . . 812.014(l)(a), Fla.Stat. (1989), and the dissolution of the defendant corporation pursuant to section 812.035 . . . Moreover, the count alleged that “pursuant to the provisions of Chapter 812.035(l)(e), Fla.Stat. this . . . at all, by the plaintiff’s additional request for dissolution of the corporation pursuant to section 812.035 . . . the plaintiff did not properly track the statutory language of the applicable subsections of section 812.035 . . . Reversed and remanded. . 812.035 Civil remedies; limitation on civil and criminal actions.— (1) Any circuit . . .

STATE v. GUTHRIE,, 567 So. 2d 544 (Fla. Dist. Ct. App. 1990)

. . . . § 812.035(10), Fla.Stat. (1983). . . . admits that this offense is governed by the five-year statute of limitations established in section 812.035 . . . of limitation provided in section 775.15, but also to the more specific period provided in section 812.035 . . . Section 812.035(10) provides a five-year period for both criminal and civil theft actions “[njotwithstanding . . . Section 812.035 does not require a strict construction but is to be construed in light of its remedial . . .

MITCHELL, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a, 747 F. Supp. 1446 (M.D. Fla. 1990)

. . . . §§ 772.104, 812.035, 895.05, these exclusions involve civil redress for actions in which punitive damages . . .

S. A. B. T. C. TOWNHOUSE ASSOCIATION, INC. a v. SCHMITZ,, 565 So. 2d 827 (Fla. Dist. Ct. App. 1990)

. . . The appel-lees also suggest the award may be sustained on the basis of section 812.035(7), Florida Statutes . . .

BEDELL, v. MARSHALL, 42 Fla. Supp. 2d 63 (Fla. Cir. Ct. 1990)

. . . The Court notes further that punitive damages were not warranted under the old section 812.035(7) nor . . . As to Count II, section 812.035(7), (civil remedies for criminal actions) Florida Statutes had been amended . . .

STUART L. STEIN, P. A. L. v. MILLER INDUSTRIES, INC., 564 So. 2d 539 (Fla. Dist. Ct. App. 1990)

. . . instru-mentalities, subdivisions, or municipalities .... ” The amendatory process relocated that aspect of section 812.035 . . . The analysis in Ziccardi points up that the legislative modifications affecting sections 812.035(7) and . . .

In FORFEITURE OF U. S. CURRENCY. BROWN, v. STATE, 559 So. 2d 717 (Fla. Dist. Ct. App. 1990)

. . . 1984, appellee filed an additional civil complaint against appellant, seeking remedies under Sections 812.035 . . . an “Amended Complaint” in the consolidated cases seeking forfeiture, pursuant to Sections 895.05 and 812.035 . . .

RAYMOND JAMES ASSOCIATES, INC. R. v. D. WIENEKE M., 556 So. 2d 800 (Fla. Dist. Ct. App. 1990)

. . . complaint against Raymond James and others alleging violations of sections 517.301, 895.03(3), and 812.035 . . .

In G. DAVIS, d b a Co. D. RISHELL v. G. DAVIS,, 115 B.R. 346 (Bankr. N.D. Fla. 1990)

. . . . § 812.035(7). . . .

NOVA FLIGHT CENTER, INC. v. VIEGA, 554 So. 2d 626 (Fla. Dist. Ct. App. 1989)

. . . breach of contract will not support a trebling of such damages pursuant to the provisions of Section 812.035 . . .

PUCHNER, v. BACHE HALSEY STUART, INC. n k a, 553 So. 2d 216 (Fla. Dist. Ct. App. 1989)

. . . Fla.Stat. (1987); negligence, four years § 95.11(3)(a), Fla.Stat. (1987); and civil theft, five years § 812.035 . . .

ASSOCIATION FINANCIAL SERVICES, INC. v. LEWIS,, 551 So. 2d 590 (Fla. Dist. Ct. App. 1989)

. . . The appealed award of attorney’s fees was based solely on section 812.035(7), Florida Statutes, a part . . .

WARREN, v. MONAHAN BEACHES JEWELRY CENTER, INC., 548 So. 2d 870 (Fla. Dist. Ct. App. 1989)

. . . At the time this case arose, Section 812.035(7), Florida Statutes (1985), provided: Any person who is . . . was amended to provide individual claimants with the remedy of treble damages which the new Section 812.035 . . . in October 1986, and therefore the treble damages were available under the prior version of Section 812.035 . . . after 1984, individuals cannot recover both punitive damages and treble damages pursuant to Section 812.035 . . .

SPIWAK, v. GENERAL REAL ESTATE LIMITED,, 546 So. 2d 81 (Fla. Dist. Ct. App. 1989)

. . . trebling the total damages allegedly sustained by the plaintiff General Real Estate Limited under Section 812.035 . . .

RUSSO v. HEIL CONSTRUCTION, INC., 549 So. 2d 676 (Fla. Dist. Ct. App. 1989)

. . . The homeowners next contend that the trial court erred by dismissing their claim under § 812.035(7) Florida . . .

ARABIAN AMERICAN OIL COMPANY, v. SCARFONE, 713 F. Supp. 1420 (M.D. Fla. 1989)

. . . . § 812.035. . . . the Florida RICO and civil theft statutes applicable to this lawsuit, Fla.Stat. § 895.05(7) (1984), 812.035 . . .

PELLETIER v. CUTLER,, 543 So. 2d 406 (Fla. Dist. Ct. App. 1989)

. . . awarding both punitive and treble damages under the amended version of the civil theft statute, section 812.035 . . .

BANCO INDUSTRIAL VENEZUELA, C. A. a v. MEDEROS SUAREZ, a k a a k a, 541 So. 2d 1324 (Fla. Dist. Ct. App. 1989)

. . . State, 413 So.2d 15 (Fla.1982) (applying section 812.035(1), Florida Statutes (1977), which is identical . . .

In KERNER, DEL CONTE CONTRACTING, INC. v. KERNER,, 99 B.R. 484 (Bankr. S.D. Fla. 1989)

. . . . § 812.035(1), and charges that the debtor’s conduct “constitute[s] civil theft.” (CP 1). . . .

ESCANDAR, v. SOUTHERN MANAGEMENT AND INVESTMENT CORPORATION,, 534 So. 2d 1203 (Fla. Dist. Ct. App. 1988)

. . . contract, for breach of fiduciary relationship, for conversion, and treble damages pursuant to Section 812.035 . . .

In S. FELDSTEIN L. COMPUTERS AUDITORS AND SCIENTISTS, INC. a v. S. FELDSTEIN L., 93 B.R. 272 (Bankr. M.D. Fla. 1988)

. . . . § 812.035(7), foreclosure and interference with ability to contract. . . . See Fla.Stat. § 812.035 (1985). . . . in the state court action constituted civil theft under Fla.Stat. § 812.014(1), the successor to § 812.035 . . .

MILLER, a k a v. WALLACE INTERNATIONAL TRUCKS, INC., 532 So. 2d 1276 (Fla. Dist. Ct. App. 1988)

. . . whether the trial court correctly awarded Wallace treble damages under the civil theft statute, section 812.035 . . . Miller and Wallace originally argued the applicability of section 812.035(7), Florida Statutes (1985) . . . We noted in our initial opinion that section 812.035(7) had been amended to restrict the treble damages . . .

HUDSON NATIONAL BANK, v. SHAPIRO a k a a k a, 695 F. Supp. 544 (S.D. Fla. 1988)

. . . Therefore, Plaintiff did establish a clear legal right to recovery under the civil theft statute, 812.035 . . .

TRANSPORTES AEREOS ANGOLA, v. RONAIR, INC. d b a, 693 F. Supp. 102 (D. Del. 1988)

. . . liability for the independent tort of conversion, Plaintiff’s claim for treble damages pursuant to section 812.035 . . . for breach of contract will not support a trebling of such damages pursuant to the provisions of Sec. 812.035 . . . .2d at 320 (where no contractual relationship between the parties, no trebling allowed under section 812.035 . . . Section 812.035(7) provides in pertinent part: "Any person who is injured in any fashion by reason of . . .

M. SCHUSTER, M. D. M. M. D. a k a M. M. D. P. A. a k a a k a v. KIDDER, PEABODY COMPANY, INC. a a, 699 F. Supp. 271 (S.D. Fla. 1988)

. . . Florida RICO); Count VI, breach of fiduciary duty; Count VIII, negligence; Count IX, §§ 812.014 and 812.035 . . .

G. McDERMOTT A. v. CITY OF CLEARWATER,, 526 So. 2d 121 (Fla. Dist. Ct. App. 1988)

. . . is academic since there can be no action for civil theft (count II) against the city under section 812.035 . . .

CITY OF CARS, INC. v. SIMMS,, 526 So. 2d 119 (Fla. Dist. Ct. App. 1988)

. . . $4,500, being the $1,500 compensatory damages for conversion tripled under the civil theft statute (§ 812.035 . . . CONVERSION,” the body states in paragraph 15 that this count is a cause of action pursuant to section 812.035 . . . The prayer in count II is for treble damages under section 812.035(7), Florida Statutes, punitive damages . . . between a civil cause of action for conversion and for a theft authorizing civil damages under section 812.035 . . . intent that is necessary for civil theft and treble civil damages and attorney’s fees under section 812.035 . . .

STATE v. MEDLEY,, 516 So. 2d 1151 (Fla. Dist. Ct. App. 1987)

. . . of § 812.014(2)(b)(l), Florida Statutes, which has a five-year statute of limitations under section 812.035 . . .

ASSOCIATION FINANCIAL SERVICES, INC. v. LEWIS,, 519 So. 2d 26 (Fla. Dist. Ct. App. 1987)

. . . The trial court trebled these damages pursuant to section 812.035(7), Florida Statutes (Florida’s Civil . . . finding against AFS, the appellees’ motion for attorney’s fees on appeal filed pursuant to section 812.035 . . .

In K. S. TURNER, EPIC REALTY SERVICES, INC. v. K. TURNER,, 81 B.R. 134 (Bankr. S.D. Fla. 1987)

. . . treatment of Count III, which repeated the allegations of Count II and prayed for treble damages under § 812.035 . . .

ROSENTHAL TOYOTA, INC. v. M. THORPE, a M. F., 824 F.2d 897 (11th Cir. 1987)

. . . . § 812.035(7), the court refused also to award punitive damages. . . . Stat. § 812.035(7) (Supp.1984)). . . . The earlier version of the statute, Fla.Stat. § 812.035(7) (Supp.1983), provided that a person ... . . . Fla.Stat. § 812.035(7) (Supp.1984), the statute discussed in Rosen v. . . . Since the commencement of this lawsuit, § 812.035(7) has been amended by 1986 Fla. . . .

H. ARMBRISTER, v. ROLAND INTERNATIONAL CORP., 667 F. Supp. 802 (M.D. Fla. 1987)

. . . .” § 812.035(10), Fla.Stat. (1985). . . .

A. JOHN, v. T. BLACKSTOCK, A. JOHN, v. T. BLACKSTOCK,, 664 F. Supp. 1426 (M.D. Fla. 1987)

. . . VI allege pendent state claims for conversion, breach of contract, negligence, violation of Section 812.035 . . .

CAPARROZ A. v. TECNICA Y MOTORES, S. A. DE C. V. a, 511 So. 2d 648 (Fla. Dist. Ct. App. 1987)

. . . Co., 281 So.2d 558 (Fla. 3d DCA 1973), cert. denied, 289 So.2d 737 (Fla. 1974); §§ 895.05(6), 812.035 . . .

BROWN, v. STATE, 510 So. 2d 361 (Fla. Dist. Ct. App. 1987)

. . . )(b), Florida Statutes (1985), is subject to a five year statute of limitations pursuant to section 812.035 . . .

WEINBERG, v. KAFIR INVESTMENTS, LTD. E. F. Co., 509 So. 2d 988 (Fla. Dist. Ct. App. 1987)

. . . Perez, 445 So.2d 393 (Fla. 3d DCA), cause dismissed, 453 So.2d 44 (Fla.1984); § 812.035(7), Fla.Stat. . . .

BEDELL, d b a v. MARSHALL, BEDELL, d b a v. MARSHALL,, 508 So. 2d 574 (Fla. Dist. Ct. App. 1987)

. . . As to the second count in the complaint, we also note that section 812.035(7), Florida Statutes, has . . .

In JET FLORIDA SYSTEM, INC. f k a In AIRPORT SYSTEMS, INC. f k a JET FLORIDA, INC. v. CARLTON, FIELDS, WARD, EMMANUEL, SMITH, CUTLER KENT, P. A. CARLTON, FIELDS, WARD, EMMANUEL, SMITH, CUTLER KENT, P. A. v. OLSON,, 74 B.R. 453 (Bankr. S.D. Fla. 1987)

. . . Defendant to the debtors and also failed to prove its allegations of civil theft under §§ 812.014 and 812.035 . . .

B. FUTCH, v. HEAD,, 511 So. 2d 314 (Fla. Dist. Ct. App. 1987)

. . . for breach of contract will not support a trebling of such damages under the provisions of section 812.035 . . . The trial judge awarded Marlin $138,704.82, and then trebled that amount pursuant to section 812.035( . . . for breach of contract will not support a trebling of such damages pursuant to the provisions of Sec. 812.035 . . . for breach of contract will not support a trebling of such damages pursuant to the provisions of Sec. 812.035 . . . Marlin, which explicitly interpreted the treble damage provision of section 812.035(7) as precluding . . .

CUTLER, v. PELLETIER, 507 So. 2d 676 (Fla. Dist. Ct. App. 1987)

. . . complaint against Paul Cutler, Beverly Cutler and Richard Emerson, alleging civil theft under section 812.035 . . . The trial court tripled the award of compensatory damages pursuant to section 812.035, Florida Statutes . . . appellant asserts that the trial court erred in awarding both punitive and treble damages under section 812.035 . . . At the time the complaint was filed, section 812.035(7), Florida Statutes (1981), specifically allowed . . . However, section 812.035(7) was amended to eliminate the award of punitive damages, and this amended . . .