Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 812.037 | Lawyer Caselaw & Research
F.S. 812.037 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 812.037

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES
View Entire Chapter
F.S. 812.037
812.037 Construction of ss. 812.012-812.037.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.
History.s. 13, ch. 77-342; s. 294, ch. 79-400.

F.S. 812.037 on Google Scholar

F.S. 812.037 on Casetext

Amendments to 812.037


Arrestable Offenses / Crimes under Fla. Stat. 812.037
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 812.037.



Annotations, Discussions, Cases:

Cases from cite.case.law:

M. S. a v. STATE, 260 So. 3d 552 (Fla. App. Ct. 2018)

. . . Stat. (2017) (providing that "value" as used in sections 812.012-812.037 means, inter alia, "the market . . .

IN RE TREXLER, J. v., 528 B.R. 842 (Bankr. N.D. Ga. 2015)

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

PROU, v. GIARLA,, 62 F. Supp. 3d 1365 (S.D. Fla. 2014)

. . . evidence, that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

UNITED HEALTHCARE SERVICES, INC. v. SANCTUARY SURGICAL CENTRE, INC. LLC, LLC, LLC, PSG S. LLC, a k a, 5 F. Supp. 3d 1350 (S.D. Fla. 2014)

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of 812.012-812.037 . . .

BLACKMON, v. STATE Of, 121 So. 3d 535 (Fla. 2013)

. . . See ch. 77-342, Laws of Florida; §§ 812.012-812.037, Fla. Stat.. (1977). . . . liberally, but shall be construed in light of their purposes to achieve their remedial goals.” §§ 812.005, 812.037 . . .

BURGER, a v. HARTLEY,, 896 F. Supp. 2d 1157 (S.D. Fla. 2012)

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

RUSSO, v. FINK, 87 So. 3d 815 (Fla. Dist. Ct. App. 2012)

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

MARRERO, v. STATE, 71 So. 3d 881 (Fla. 2011)

. . . Section 812.012, Florida Statutes (2010), which defines specific terms used in sections 812.012-812.037 . . .

In LAS VEGAS CASINO LINES, LLC, LLC, v., 454 B.R. 223 (Bankr. M.D. Fla. 2011)

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

In LORENZO, A. R US, LLC, v., 434 B.R. 695 (Bankr. M.D. Fla. 2010)

. . . Sections 812.012 through 812.037, or Section 825.103(1) of Chapter 812 of the Florida Statutes. . . .

H. WINTERS, v. MULHOLLAND, E., 33 So. 3d 54 (Fla. Dist. Ct. App. 2010)

. . . or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

KELLY, v. PALMER, REIFLER, ASSOCIATES, P. A., 681 F. Supp. 2d 1356 (S.D. Fla. 2010)

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

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

. . . Section 812.035(10) provides that “a criminal ... action or proceeding under ss. 812.012-812.037 or s . . .

G. DIAZ, v. ANDY,, 987 So. 2d 698 (Fla. Dist. Ct. App. 2008)

. . . or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

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

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

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

. . . otwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 . . .

NEALS, v. STATE, 962 So. 2d 926 (Fla. Dist. Ct. App. 2007)

. . . As used in ss. 812.012-812.037: (8) “Traffic” means: (a) To sell, transfer, distribute, dispense, or . . .

NEW LENOX INDUSTRIES, INC. a v. H. FENTON, LLC., 510 F. Supp. 2d 893 (M.D. Fla. 2007)

. . . applicable to this case — now includes in the list of enumerated crimes “any violation of §§ . 812.012-812.037 . . .

In STATE STREET ASSOCIATES, L. P. In, 342 B.R. 32 (Bankr. N.D.N.Y. 2005)

. . . convincing evidence that he or she has been injured in any fashion by reason of any violation of §§ 812.012-812.037 . . .

In HAMBLEY TE v., 329 B.R. 382 (Bankr. E.D.N.Y. 2005)

. . . that he has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . . Sections 812.012-812.037 include embezzlement, fraud, false pretenses, embezzlement, and other theft . . .

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

. . . provides that, “[notwithstanding any other provision of law,” a criminal proceeding under sections 812.012-812.037 . . . 812.035 does not require a strict construction but is to be construed in light of its remedial goal. § 812.037 . . .

SHER v. COUNTRYWIDE HOME LOANS, INC. a f k a d b a s, 848 So. 2d 1246 (Fla. Dist. Ct. App. 2003)

. . . Section 772.11 provides that, in a suit for civil theft pursuant to sections 812.012-812.037, Florida . . .

In CARIBBEAN K LINE, LTD. R. v. T., 288 B.R. 908 (S.D. Fla. 2002)

. . . that he has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

JLM ENTERPRISES, INC. L. Sr. v. HOUSTON GENERAL INSURANCE COMPANY,, 196 F. Supp. 2d 1299 (S.D. Ga. 2002)

. . . aiding and abetting fraud by falsifying bills of lading, and violations of Florida Statute Ann. 812.012-812.037 . . .

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

. . . 812.035(10) provides: Notwithstanding any other provision of law, a criminal .... proceeding under ss. 812.037 . . . -812.037 _ may be commenced at any time within 5 years after the cause of action accrues. . . .

In K. ATCHISON, v. K., 255 B.R. 790 (Bankr. M.D. Fla. 2000)

. . . he or she has been injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 . . .

ANTON, v. G. ANTON,, 763 So. 2d 404 (Fla. Dist. Ct. App. 2000)

. . . or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

PADILLA, v. STATE v. v., 753 So. 2d 659 (Fla. Dist. Ct. App. 2000)

. . . shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 . . . officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 . . . solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037 . . .

In D. JACOBS, v. D., 243 B.R. 836 (Bankr. M.D. Fla. 2000)

. . . or she has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

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

. . . that he has been injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 . . . See § 812.037, Fla. . . . Stat. (1995) (“Notwithstanding §§ 775.021, 812.012-812.037 shall not be construed strictly or liberally . . .

In C. CLAYTON, d b a v. C., 234 B.R. 195 (Bankr. M.D. Fla. 1999)

. . . been injured in any fashion by reason of a violation of the provisions of Florida Statutes 812.012 - 812.037 . . .

W. STANDAFER v. SCHALLER,, 726 So. 2d 352 (Fla. Dist. Ct. App. 1999)

. . . or she has been injured in any fashion by reason of any violations of the provisions of ss. 812.012-812.037 . . .

SNYDER, v. STATE, 715 So. 2d 367 (Fla. Dist. Ct. App. 1998)

. . . Section 812.005, Florida Statutes (1995) pro: vides that sections 812.012-812.037, which include grand . . .

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

. . . Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 . . .

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

. . . due provisions for the rights of innocent persons, enjoin violations of the provisions of ss. 812.012-812.037 . . .

SEABRIDGE, INC. a A. v. SUPERIOR KITCHENS, INC., 672 So. 2d 848 (Fla. Dist. Ct. App. 1996)

. . . Finally, section 772.11 itself limits its remedy to violations of only sections 812.012 through 812.037 . . . specified statutes deeming a violation of section 713.345 to be the crime of theft under sections 812.012-812.037 . . .

In BRITT, DAVID M. LANDIS, P. A. v. BRITT,, 200 B.R. 409 (Bankr. M.D. Fla. 1996)

. . . that he has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

BOARD OF REGENTS OF STATE OF FLORIDA, By UNIVERSITY OF SOUTH FLORIDA, v. TABORSKY,, 648 So. 2d 748 (Fla. Dist. Ct. App. 1994)

. . . situations including, specifically, actions for civil theft arising from violations of sections 812.012 and 812.037 . . .

SMALL BUSINESS ADMINISTRATION, v. ECHEVARRIA, Sr., 864 F. Supp. 1254 (S.D. Fla. 1994)

. . . . §§ 812.012-812.037 (1990). Denson v. Stack, 997 F.2d 1356, 1362 (11th Cir.1993). . . .

L. AMES, M. D. v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY,, 942 F. Supp. 551 (S.D. Fla. 1994)

. . . that he has been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

STATE v. VIKHLYANTSEV,, 622 So. 2d 1365 (Fla. Dist. Ct. App. 1993)

. . . court found that the cheating statute had been repealed by implication by sections 812.012 through 812.037 . . .

N. DENSON, v. J. E. STACK, Jr., 997 F.2d 1356 (11th Cir. 1993)

. . . . §§ 812.012-812.037 (West Supp.1990). . . .

STATE v. VIKHLYANTSEV,, 602 So. 2d 636 (Fla. Dist. Ct. App. 1992)

. . . the cheating statute, section 817.29, had been repealed by implication by sections 812.012 through 812.037 . . . The legislative history reveals that sections 812.012 through 812.037 were patterned after the Model . . .

STATE v. Jo CAMP,, 596 So. 2d 1055 (Fla. 1992)

. . . Moreover, section 812.037, Florida Statutes (1989), expressly requires that section 812.019 “be construed . . .

HERRERA, v. STATE, 594 So. 2d 275 (Fla. 1992)

. . . .-012 through 812.037. § 812.028(4), Fla.Stat. (1977)1 This Court found that act, including its codification . . .

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

. . . Any person who is injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 . . .

WESTINGHOUSE ELECTRIC CORP. INC. v. SHULER BROTHERS, INC. d b a, 590 So. 2d 986 (Fla. Dist. Ct. App. 1991)

. . . that [it had] been injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

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

. . . proves ... that he has been injured ... by reason of any violation of the provisions of ss. 812.012-812.037 . . .

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

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

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

. . . .-012-812.037 or s. 812.081 by issuing appropriate orders and judgments, including, but not limited to . . .

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

. . . . § 812.037, Fla. Stat. (1983). . . .

DANIELS, v. STATE, 570 So. 2d 319 (Fla. Dist. Ct. App. 1990)

. . . Florida Anti-Fencing Act by chapter 77-342, § 2, Laws of Florida (1977), codified as sections 812.012-812.037 . . .

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

. . . that he has been injured in any fashion by reason of any violation of the provisions of §§ 812.012 - 812.037 . . .

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

. . . 1985), provided: Any person who is injured in any fashion by reason of any violation of ss. 812.012-812.037 . . .

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

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012, 812.037 . . .

JONES v ORLANDO SECOND CAR CENTER, INC., 30 Fla. Supp. 2d 105 (Fla. Cir. Ct. 1988)

. . . use of any person not entitled thereto, [emphasis added] 812.012 definitions — As used in §§ 812.012-812.037 . . .

L. LAMAR, v. KEESEE,, 512 So. 2d 1066 (Fla. Dist. Ct. App. 1987)

. . . shall not constitute a defense to a prosecution for any violation of the'provisions of ss. 812.012-812.037 . . .

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

. . . Any person who is injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 . . . that it has been injured in any fashion by reason of any violation of the provisions of §§ 812.012-812.037 . . .

T. SIKORA v. PINEBROOK BUILDERS, INC., 507 So. 2d 1167 (Fla. Dist. Ct. App. 1987)

. . . Pinebrook and treble damages for civil theft against Sikora and Practical pursuant to sections 812.005-812.037 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. G. PRIDGEN,, 498 So. 2d 1245 (Fla. 1986)

. . . .-012-812.037, Florida Statutes, as one means of carrying out “theft” and the exclusion does not make . . .

ROSEN, v. MARLIN,, 486 So. 2d 623 (Fla. Dist. Ct. App. 1986)

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

McARTHUR DAIRY, INC. v. ORIGINAL KIELBS, INC., 481 So. 2d 535 (Fla. Dist. Ct. App. 1986)

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

J. GETELMAN, v. R. LEVEY,, 481 So. 2d 1236 (Fla. Dist. Ct. App. 1985)

. . . person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012812.037 . . .

ADVANCED SURGICAL TECHNOLOGIES, INC. a v. AUTOMATED INSTRUMENTS, INC. a, 777 F.2d 1504 (11th Cir. 1985)

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

STATE v. CHACON,, 479 So. 2d 229 (Fla. Dist. Ct. App. 1985)

. . . “Notwithstanding any other provision of law, a criminal ... action or proceeding under ss. 812.012-812.037 . . .

G. PRIDGEN, v. BILL TERRY S INCORPORATED, S. III,, 478 So. 2d 837 (Fla. Dist. Ct. App. 1985)

. . . conversion, as applied to the facts at bar, is included within Florida’s Anti-Fencing Act (Sections 812.012-812.037 . . .

STATE v. BARE,, 473 So. 2d 799 (Fla. Dist. Ct. App. 1985)

. . . Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 . . . brought, or intervened in, to punish, prevent, or restrain any violation of the provisions of ss. 812.012-812.037 . . .

ALVAREZ v. STRIEGEL a K. a A. F., 471 So. 2d 1356 (Fla. Dist. Ct. App. 1985)

. . . .-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 . . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . . 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 . . .

AMERICAN INTERNATIONAL REALTY, INC. a S. v. SOUTHEAST FIRST NATIONAL BANK OF MIAMI, N. A., 468 So. 2d 383 (Fla. Dist. Ct. App. 1985)

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

A. CRUZ, v. STATE, 465 So. 2d 516 (Fla. 1985)

. . . shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 . . . officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 . . . solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037 . . .

In E. D. PRESLEY CORP. LTD. s BAKST, v. D. PRESLEY, a k a E. D., 44 B.R. 781 (Bankr. S.D. Fla. 1984)

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

MONCO OF ORLANDO, INC. v. ITT INDUSTRIAL CREDIT CORPORATION,, 458 So. 2d 332 (Fla. Dist. Ct. App. 1984)

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

GODDARD, v. STATE, 458 So. 2d 230 (Fla. 1984)

. . . . § 812.037 (1983). . . .

SENFELD, v. BANK OF NOVA SCOTIA TRUST COMPANY CAYMAN LIMITED,, 450 So. 2d 1157 (Fla. Dist. Ct. App. 1984)

. . . Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 . . . that it intended that the limitations period for civil and criminal actions under Sections 812.012-812.037 . . . The statute itself, in Section 812.037, states that “notwithstanding s. 775.021 [strict construction . . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . .

STATE v. WYNN,, 433 So. 2d 1341 (Fla. Dist. Ct. App. 1983)

. . . In 1977 the Florida legislature enacted sections 812.012-812.037, Florida Statutes (1977), known as the . . . shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 . . . officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 . . . solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037 . . .

STATE v. J. DUNMANN, STATE v. C. BAXLEY,, 427 So. 2d 166 (Fla. 1983)

. . . statute, chapter 77-342, Laws of Florida (codified as the Florida Anti-Fencing Act, sections 812.012812.037 . . . Chapter 77-342, codified as sections 812-012 — 812.037, is an omnibus theft act and is entitled the “ . . .

JAYRE INCORPORATED v. WACHOVIA BANK AND TRUST CO. N. A. a, 420 So. 2d 937 (Fla. Dist. Ct. App. 1982)

. . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . . final judgment or decree rendered in favor of the state in any criminal proceeding under ss. 812.012-812.037 . . . Notwithstanding any other provision of law, a criminal or civil action or proceeding under ss. 812.012-812.037 . . . 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 . . .

ROUSH, v. STATE, 413 So. 2d 15 (Fla. 1982)

. . . Given the remedial nature of the act (section 812.037), we find nothing unreasonable about this directive . . . of endeavor as the enterprise in which he was engaged in violation of the provisions of ss. 812.012-812.037 . . . the course of, derived from, or realized through, conduct in violation of a provision of ss. 812.012-812.037 . . . Any person who is injured in any fashion by reason of any violation of the provisions of ss. 812.012-812.037 . . . shall not preclude the application of any other remedy, civil or criminal, under ss. 812.-012-812.037 . . . Since we know that “fencing” refers to the marketing of stolen goods, and since sections 812.012-812.037 . . .

C. BAXLEY, C. v. STATE TAYLOR, v. STATE, 411 So. 2d 194 (Fla. Dist. Ct. App. 1981)

. . . See § 812.012-812.037, Fla.Stat. (1979). . . . .

HUDSON, v. STATE HUDSON, v. STATE, 408 So. 2d 224 (Fla. Dist. Ct. App. 1981)

. . . . — Sections 812.012-812.037 shall be known as the Florida Anti-Fencing Act. 812.012 Definitions. — As . . . used in ss. 812.012-812.037: ‡ sfc s}: (7) “Traffic” means: (a) To sell, transfer, distribute, dispense . . .

H. L. A. a v. STATE, 395 So. 2d 250 (Fla. Dist. Ct. App. 1981)

. . . obtaining property by false pretenses, now embraced under the Florida Anti-Fencing Act, Sections 812.012-812.037 . . .

STATE v. DICKINSON,, 370 So. 2d 762 (Fla. 1979)

. . . .-012-812.037 in order to gain evidence against that person, provided such solicitation would not induce . . . an ordinary law-abiding person to violate any provision of ss. 812.012-812.037. . . .