The 2023 Florida Statutes (including Special Session C)
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. . . one count of failure to return leased property with a value of $300 or more, in violation of section 812.155 . . .
. . . See § 812.155(3)» Fla. Stat. (2011). Mr. . . .
. . . Offenses Comment This instruction was adopted in 2014. 14.10 FAILURE TO RETURN [HIRED] [LEASED] PROPERTY § 812.155 . . . Lesser Included Offenses Comment See § 812.155(6), Fla. . . .
. . . conviction for failure to redeliver a hired or leased property of $300 or more in violation of section 812.155 . . .
. . . lease agreement did not contain the language necessary to maintain a prosecution pursuant to section 812.155 . . . Section 812.155(6) provides as follows: NOTICE REQUIRED. — As a prerequisite to prosecution under this . . . Section 812.155(4)(b) specifically provides that the “failure to redeliver the property or equipment . . . We conclude that the language and plain meaning of section 812.155(6) is clear. . . . See § 812.155(3). . . .
. . . Hay also pleaded guilty to one count of failure to redeliver a leased vehicle, a violation of section 812.155 . . .
. . . Smith was charged with violating section 812.155(3), Florida Statutes (2005), for failing to return a . . . purposes of retrial, we note that Smith is charged with a violation of the 2005 version of section 812.155 . . . constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 812.155 . . . also provided the State with a permissive inference of fraudulent intent for a violation of section 812.155 . . . from, the certified mailing of the demand for return is prima facie evidence of fraudulent intent.” § 812.155 . . .
. . . Count II of the information, charging him with failure to return leased property pursuant to section 812.155 . . . convicted under this statute because the lease agreement did not include the notice required by section 812.155 . . .
. . . proceedings, not direct appeals of convictions for failure to return leased equipment in violation of section 812.155 . . . In Rygwelski, we held that section 812.155(4)(b) did not create an “unconstitutional presumption” and . . . (4)(a) for the third-degree felony established by the legislature in section 812.155(3). . . . It seems reasonably clear to me that when the legislature enacted section 812.155(4)(a), it actually . . . Section 812.155(3) provides: Whoever, after hiring or leasing any personal property or equipment under . . .
. . . The State seeks certiorari review of the trial court’s order which finds section 812.155(4)(b), Florida . . . hold that the trial court departed from the essential requirements of the law in finding that section 812.155 . . . Rygwelski, 899 So.2d 498 (Fla. 2d DCA April 22, 2005) (holding that section 812.155(4)(b) creates a permissive . . .
. . . Green’s motion to dismiss the charge of failure to return leased equipment in violation of section 812.155 . . . Higby, 899 So.2d 1269 (Fla. 2d DCA 2005) (holding that trial court erred by identifying section 812.155 . . .
. . . Higby’s motion to dismiss the charge of failure to return leased equipment in violation of section 812.155 . . . The trial court found in its order that section 812.155(4)(b) creates a mandatory presumption that relieves . . . The State charged Higby with violating section 812.155(3). . . . The Rygwelski trial court concluded that section 812.155(4)(b) is analogous to the statute at issue in . . . Hence, [s]ection 812.155(4)(b), Fla. Stat., is unconstitutional. ... (Citations omitted.) . . .
. . . Rygwelski’s motion to dismiss the charge of failure to return leased equipment in violation of section 812.155 . . . , Florida Statutes (2001), but holding section 812.155(4)(b) unconstitutional. . . . The trial court found that section 812.155(4)(b) creates a mandatory presumption that relieves the State . . . Procedural History The State charged Rygwelski with violating section 812.155(3). . . . Hence, [s]ection 812.155(4)(b), Fla. Stat., is unconstitutional .... (Citations omitted.) . . .
. . . Dean Monroe was charged by information 'with failing to return leased property in violation of section 812.155 . . .
. . . were charged with failure to redeliver leased property, a third-degree felony in violation of section 812.155 . . . The State timely appeals and argues that section 812.155 is not a prohibited special law and is, therefore . . .
. . . Clifford Lavond Green, and Thomas Antwan Mayfield (the Appellees) charging them with violating section 812.155 . . . In moving to dismiss the informa-tions filed against them, the Appellees argued that section 812.155( . . . At the hearing on the motions to dismiss, the Appel-lees pointed out that section 812.155(7) requires . . . Rather, section 812.155(3) operates on all those persons who fail to return leased property under the . . . Accordingly, we hold that section 812.155(3) is not a constitutionally prohibited special law, and we . . .
. . . for a misdemeanor failure to redeliver leased personal property (a tuxedo) in violation of section 812.155 . . .