eLaws of Florida

  SECTION 812.012. Definitions.  


Latest version.
  • 1As used in ss. 5812.0126-7812.0378:
    9(1) 10“Cargo” means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility.
    42(2) 43“Dealer in property” means any person in the business of buying and selling property.
    57(3) 58“Obtains or uses” means any manner of:
    65(a) 66Taking or exercising control over property.
    72(b) 73Making any unauthorized use, disposition, or transfer of property.
    82(c) 83Obtaining property by fraud, willful misrepresentation of a future act, or false promise.
    96(d)1. 97Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or
    1212. 122Other conduct similar in nature.
    127(4) 128“Property” means anything of value, and includes:
    135(a) 136Real property, including things growing on, affixed to, and found in land.
    148(b) 149Tangible or intangible personal property, including rights, privileges, interests, and claims.
    160(c) 161Services.
    162(5) 163“Property of another” means property in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person also has an interest in the property.
    199(6) 200“Services” means anything of value resulting from a person’s physical or mental labor or skill, or from the use, possession, or presence of property, and includes:
    226(a) 227Repairs or improvements to property.
    232(b) 233Professional services.
    235(c) 236Private, public, or government communication, transportation, power, water, or sanitation services.
    247(d) 248Lodging accommodations.
    250(e) 251Admissions to places of exhibition or entertainment.
    258(7) 259“Stolen property” means property that has been the subject of any criminally wrongful taking.
    273(8) 274“Traffic” means:
    276(a) 277To sell, transfer, distribute, dispense, or otherwise dispose of property.
    287(b) 288To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.
    312(9) 313“Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity.
    352(10) 353“Value” means value determined according to any of the following:
    363(a)1. 364Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.
    4012. 402The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
    4833. 484The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret.
    528(b) 529If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.
    569(c) 570Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense.
History.-s. 3, ch. 77-342; s. 292, ch. 79-400; s. 1, ch. 81-85; s. 1, ch. 2001-115.

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