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Florida Statute 812.155 | Lawyer Caselaw & Research
F.S. 812.155 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES
View Entire Chapter
F.S. 812.155
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 the personal property or equipment by trick, deceit, or fraudulent or willful false representation commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits 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 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 commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) FAILURE TO RETURN HIRED OR LEASED PERSONAL PROPERTY.Whoever, after hiring or leasing personal property or equipment under an agreement to return the personal property to the person letting the 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 the person or persons knowingly abandon or refuse to return the personal property or equipment as agreed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) EVIDENCE.
(a) In a prosecution 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 receiving the demand for return from a courier service with tracking capability or by certified mail, return receipt requested, or within 5 days after delivery by the courier service or return receipt from the certified mailing of the demand for return, is prima facie evidence of abandonment or refusal to redeliver the property or equipment. Notice mailed by certified mail, return receipt requested, or delivery by courier with tracking capability to the address given by the renter at the time of rental is 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 or equipment after the rental period expires, and after the demand for return is made, is prima facie evidence of abandonment or refusal to redeliver the property or equipment. 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, by certified mail, return receipt requested, or by courier service with tracking capability, 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.

(7) THIRD-PARTY POSSESSION.Possession of personal property or equipment by a third party does not alleviate the lessee of his or her obligation to return the personal property or equipment according to the terms stated in the contract by which the property or equipment was leased or rented to the lessee, and is not a defense against failure to return unless the lessee provides the court or property owner with documentation that demonstrates that the personal property or equipment was obtained without the lessee’s consent.
(8) REPORTING VEHICLE AS STOLEN.A lessor of a vehicle that is not returned at the conclusion of the lease who satisfies the requirements of this section regarding the vehicle is entitled to report the vehicle as stolen to a law enforcement agency and have the vehicle listed as stolen on any local or national registry of such vehicles.
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; s. 1, ch. 2012-210.

F.S. 812.155 on Google Scholar

F.S. 812.155 on Casetext

Amendments to 812.155


Arrestable Offenses / Crimes under Fla. Stat. 812.155
Level: Degree
Misdemeanor/Felony: First/Second/Third

S812.155 1 - FRAUD-SWINDLE - OBTAIN PROP BY TRICK ETC 300 DOLLARS OR OVER - F: T
S812.155 1 - FRAUD-SWINDLE - OBTAIN PROPERTY BY TRICK ETC UNDER 300 DOLLARS - M: S
S812.155 2 - FRAUD-SWINDLE - HIRE OR LEASE WIT DEFRAUD 300 DOLLARS OR OVER - F: T
S812.155 2 - FRAUD-SWINDLE - HIRE OR LEASE WIT DEFRAUD UNDER 300 DOLLARS - M: S
S812.155 3 - FRAUD - FAIL REDELIV HIRED LEASED PROP 300 DOLS OR OVR - F: T
S812.155 3 - FRAUD - FAIL REDELIVER HIRED LEASED PROP UND 300 DOLS - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

MCCARTHY, v. STATE, 214 So. 3d 790 (Fla. Dist. Ct. App. 2017)

. . . one count of failure to return leased property with a value of $300 or more, in violation of section 812.155 . . .

RODRIGUEZ- AGUILAR, v. STATE, 198 So. 3d 792 (Fla. Dist. Ct. App. 2016)

. . . See § 812.155(3)» Fla. Stat. (2011). Mr. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 146 So. 3d 1110 (Fla. 2014)

. . . 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. . . .

SIMMONS, v. STATE, 106 So. 3d 507 (Fla. Dist. Ct. App. 2013)

. . . conviction for failure to redeliver a hired or leased property of $300 or more in violation of section 812.155 . . .

ELLSWORTH, v. STATE, 89 So. 3d 1076 (Fla. Dist. Ct. App. 2012)

. . . 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, a k a L. v. STATE, 79 So. 3d 852 (Fla. Dist. Ct. App. 2012)

. . . Hay also pleaded guilty to one count of failure to redeliver a leased vehicle, a violation of section 812.155 . . .

SMITH, v. STATE, 9 So. 3d 702 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

MUCCIO, v. STATE, 949 So. 2d 376 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

STATE v. SANDERS,, 905 So. 2d 241 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

STATE v. PERSON,, 903 So. 2d 281 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

STATE v. GREEN,, 902 So. 2d 352 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

STATE v. J. HIGBY,, 899 So. 2d 1269 (Fla. Dist. Ct. App. 2005)

. . . 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.) . . .

STATE v. RYGWELSKI,, 899 So. 2d 498 (Fla. Dist. Ct. App. 2005)

. . . 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.) . . .

STATE v. MONROE,, 888 So. 2d 763 (Fla. Dist. Ct. App. 2004)

. . . Dean Monroe was charged by information 'with failing to return leased property in violation of section 812.155 . . .

STATE v. M. GILBERT,, 880 So. 2d 1284 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

STATE v. ROSE,, 876 So. 2d 1240 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

T. R. P. a v. STATE, 714 So. 2d 1193 (Fla. Dist. Ct. App. 1998)

. . . for a misdemeanor failure to redeliver leased personal property (a tuxedo) in violation of section 812.155 . . .