reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.055 - Physical Inspection of Junkyards, Scrap Metal Processing Plants, Salvage Yards, Licensed Motor Vehicle or Vessel Dealers, Repair Shops, Parking Lots, Public Garages, Towing and Storage Facilities.

812.055 Physical inspection of junkyards, scrap metal processing plants, salvage yards, licensed motor vehicle or vessel dealers, repair shops, parking lots, public garages, towing and storage facilities.—
(1) Any law enforcement officer shall have the right to inspect any junkyard; scrap metal processing plant; motor vehicle or vessel salvage yard; licensed motor vehicle or vessel dealer’s lot; motor vehicle, vessel, or outboard repair shop; parking lot; public garage; towing and storage facility; or other establishment dealing with salvaged motor vehicle, vessel, or outboard parts.
(2) Such physical inspection shall be conducted during normal business hours and shall be for the purpose of locating stolen vehicles, vessels, or outboard motors; investigating the titling and registration of vehicles or vessels; inspecting vehicles, vessels, or outboard motors wrecked or dismantled; or inspecting records required in ss. 319.30 and 713.78.
History.—s. 7, ch. 78-412; s. 4, ch. 83-102; s. 10, ch. 90-283.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.062 - Notification to Owner and Law Enforcement Agency Initiating Stolen Motor Vehicle Report Upon Recovery of Stolen Vehicle.

812.062 Notification to owner and law enforcement agency initiating stolen motor vehicle report upon recovery of stolen vehicle.—
(1) Whenever any law enforcement agency recovers a motor vehicle which has been unlawfully taken from its owner, it shall, within 72 hours, notify, by teletype or by any other speedy means available, the law enforcement agency which initiated the stolen vehicle report of the recovery. The law enforcement agency which initiated the stolen vehicle report shall, within 7 days after notification, notify, if known, the registered owner, the insurer, and any registered lienholder of the vehicle of the recovery.
(2) If notification has not been made within the 7-day period by the initiating agency, then notification shall be made immediately by certified letter, return receipt requested, by the law enforcement agency which initiated the stolen vehicle report.
History.—s. 3, ch. 80-309; s. 1, ch. 81-274; s. 1, ch. 85-13.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.13 - Robbery.

812.13 Robbery.—
(1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) An act shall be deemed “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.
(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
History.—s. 1, ch. 28217, 1953; s. 1, ch. 29930, 1955; s. 839, ch. 71-136; s. 38, ch. 74-383; s. 29, ch. 75-298; s. 1, ch. 87-315; s. 1, ch. 92-155.
Note.—Former s. 813.011.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.131 - Robbery by Sudden Snatching.

812.131 Robbery by sudden snatching.—
(1) “Robbery by sudden snatching” means the taking of money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. In order to satisfy this definition, it is not necessary to show that:
(a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or
(b) There was any resistance offered by the victim to the offender or that there was injury to the victim’s person.
(2)(a) If, in the course of committing a robbery by sudden snatching, the offender carried a firearm or other deadly weapon, the robbery by sudden snatching is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If, in the course of committing a robbery by sudden snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) An act shall be deemed “in the course of committing a robbery by sudden snatching” if the act occurs in an attempt to commit robbery by sudden snatching or in fleeing after the attempt or commission.
(b) An act shall be deemed “in the course of the taking” if the act occurs prior to, contemporaneous with, or subsequent to the taking of the property and if such act and the act of taking constitute a continuous series of acts or events.
History.—s. 1, ch. 99-175.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.133 - Carjacking.

812.133 Carjacking.—
(1) “Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
(2)(a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) An act shall be deemed “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.
(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
History.—s. 1, ch. 93-212.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.135 - Home-Invasion Robbery.

812.135 Home-invasion robbery.—
(1) “Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.
(2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 93-212; s. 1, ch. 2004-290.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.146 - Civil Liability of Owner of Metal Property.

812.146 Civil liability of owner of metal property.—
(1) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property.
(2) A public or private owner of metal property is not civilly liable to a person for injuries caused by a dangerous condition created as a result of the theft or attempted theft of the owner’s metal property when the owner did not know, and could not have reasonably known, of the dangerous condition.
(3) This section does not create or impose a duty of care upon an owner of metal property which would not otherwise exist under common law.
History.—s. 12, ch. 2012-179.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.16 - Operating Chop Shops; Definitions; Penalties; Restitution; Forfeiture.

812.16 Operating chop shops; definitions; penalties; restitution; forfeiture.—
(1) As used in this section, the term:
(a) “Chop shop” means any area, building, storage lot, field, or other premises or place where one or more persons are engaged or have engaged in altering, dismantling, reassembling, or in any way concealing or disguising the identity of a stolen motor vehicle or of any major component part of a stolen motor vehicle; where there are two or more stolen motor vehicles present; or where there are major component parts from two or more stolen motor vehicles present.
(b) “Major component part” means one of the following subassemblies of a motor vehicle, regardless of its actual market value: front-end assembly, including fenders, grills, hood, bumper, and related parts; frame and frame assembly; engine; transmission; T-tops; rear clip assembly, including quarter panels and floor panel assembly; doors; and tires, tire wheels, and continuous treads and other devices.
(c) “Motor vehicle” includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which device is self-propelled or may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway, including but not limited to farm machinery and steam shovels.
(2) Any person who knowingly owns, operates, or conducts a chop shop or who knowingly aids and abets another person in owning, operating, or conducting a chop shop is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who violates this section, upon conviction, in addition to any other punishment, may be ordered to make restitution to the rightful owner of a stolen motor vehicle or of a stolen major component part, or to the owner’s insurer if the owner has already been compensated for the loss by the insurer, for any financial loss sustained as a result of the theft of the motor vehicle or a major component part. Restitution may be imposed in addition to any imprisonment or fine imposed, but not in lieu thereof.
(4) The following may be seized and are subject to forfeiture pursuant to ss. 932.701-932.704:
(a) Any stolen motor vehicle or major component part found at the site of a chop shop or any motor vehicle or major component part for which there is probable cause to believe that it is stolen but for which the true owner cannot be identified.
(b) Any engine, tool, machine, implement, device, chemical, or substance used or designed for altering, dismantling, reassembling, or in any other way concealing or disguising the identity of a stolen motor vehicle or any major component part.
(c) A wrecker, car hauler, or other motor vehicle that is knowingly used or has been used to convey or transport a stolen motor vehicle or major component part.
History.—s. 49, ch. 87-243; s. 72, ch. 95-211.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.171 - Definition.

812.171 Definition.—As used in this act, the term “convenience business” means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, that is open for business at any time between the hours of 11 p.m. and 5 a.m., and that is licensed by the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation pursuant to chapter 210, chapter 561, chapter 562, chapter 563, chapter 564, chapter 565, or chapter 569, as applicable. The term “convenience business” does not include:
(1) A business that is solely or primarily a restaurant.
(2) A business that always has at least five employees on the premises after 11 p.m. and before 5 a.m.
(3) A business that has at least 10,000 square feet of retail floor space.
(4) A business in which the owner or members of his or her family work between the hours of 11 p.m. and 5 a.m.
History.—s. 3, ch. 90-346; s. 2, ch. 92-103; s. 1243, ch. 97-102; s. 20, ch. 2021-131.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.172 - Intent.

812.172 Intent.—The Legislature finds that the provisions of this act are intended to prevent violent crimes and thereby to protect employees and the consumer public at late-night convenience businesses. It is the further intent of the Legislature that security standards for late-night convenience businesses be uniform throughout this state.
History.—s. 4, ch. 90-346; s. 3, ch. 92-103.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.1725 - Preemption.

812.1725 Preemption.—A political subdivision of this state may not adopt, for convenience businesses, security standards which differ from those contained in ss. 812.173 and 812.174, and all such differing standards, whether existing or proposed, are hereby preempted and superseded by general law.
History.—s. 4, ch. 92-103; s. 162, ch. 2008-4.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.174 - Training of Employees.

812.174 Training of employees.—The owner or principal operator of a convenience business or convenience businesses shall provide proper robbery deterrence and safety training by an approved curriculum to its retail employees within 60 days of employment. A proposed curriculum shall be submitted in writing to the Division of Alcoholic Beverages and Tobacco with an administrative fee not to exceed $100. The Division of Alcoholic Beverages and Tobacco shall review and approve or disapprove the curriculum in writing within 60 days after receipt. The state shall have no liability for approving or disapproving a training curriculum under this section. Approval shall be given to a curriculum which trains and familiarizes retail employees with the security principles, devices, and measures required by s. 812.173. Disapproval of a curriculum shall be subject to the provisions of chapter 120. No person shall be liable for ordinary negligence due to implementing an approved curriculum if the training was actually provided. A curriculum must be submitted for reapproval biennially on or before the date established by rule by the Division of Alcoholic Beverages and Tobacco and must be accompanied by an administrative fee not to exceed $100.
History.—s. 6, ch. 90-346; s. 6, ch. 92-103; s. 22, ch. 2021-131.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.175 - Enforcement; Civil Fine.

812.175 Enforcement; civil fine.—
(1) The violation of any provision of this act by any owner or principal operator of a convenience business shall result in a notice of violation from the Division of Alcoholic Beverages and Tobacco. Violators shall have 30 days after receipt of the notice to provide proof of compliance to the Division of Alcoholic Beverages and Tobacco. If the violation continues after the 30-day period, the Division of Alcoholic Beverages and Tobacco may impose a civil fine not to exceed $5,000. The Division of Alcoholic Beverages and Tobacco has the authority to investigate any alleged violation and may compromise any alleged violation by accepting from the owner or principal operator an amount not to exceed $5,000. The Division of Alcoholic Beverages and Tobacco may suspend the imposition of any fine conditioned upon terms the Division of Alcoholic Beverages and Tobacco in its discretion deems appropriate. Notices of violation and civil fines are subject to chapter 120.
(2) Moneys received by the Division of Alcoholic Beverages and Tobacco pursuant to this act must be deposited in the General Revenue Fund.
(3) The Division of Alcoholic Beverages and Tobacco is given full power and authority to petition for an injunction when it is determined that the health, safety, and public welfare is threatened by continued operation of a convenience business in violation of this act. In any action for injunction, the Division of Alcoholic Beverages and Tobacco may seek a civil penalty not to exceed $5,000 per violation, plus attorney’s fees and costs.
(4) The Division of Alcoholic Beverages and Tobacco may enter into agreements with local governments to assist in the enforcement of ss. 812.1701-812.175. Such agreements may include provision for reimbursement of investigative and enforcement costs incurred by such local governments.
History.—s. 7, ch. 90-346; s. 7, ch. 92-103; s. 2, ch. 94-265; s. 23, ch. 2021-131.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 812 - Theft, Robbery, and Related Crimes › 812.176 - Rulemaking Authority.

812.176 Rulemaking authority.—The Division of Alcoholic Beverages and Tobacco shall have the power to adopt rules pursuant to chapter 120 as necessary to implement the Convenience Business Security Act. The security measures and training provisions of ss. 812.173 and 812.174 shall meet the requirements of the department as set forth by rule.
History.—s. 8, ch. 92-103; s. 24, ch. 2021-131.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 815 - Computer-Related Crimes › 815.02 - Legislative Intent.

815.02 Legislative intent.—The Legislature finds and declares that:
(1) Computer-related crime is a growing problem in government as well as in the private sector.
(2) Computer-related crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime.
(3) The opportunities for computer-related crimes in financial institutions, government programs, government records, and other business enterprises through the introduction of fraudulent records into a computer system, the unauthorized use of computer facilities, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets are great.
(4) The proliferation of new technology has led to the integration of computer systems in most sectors of the marketplace through the creation of computer networks, greatly extending the reach of computer crime.
(5) While various forms of computer crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a supplemental and additional statute be provided which proscribes various forms of computer abuse.
History.—s. 1, ch. 78-92; s. 2, ch. 2014-208.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 815 - Computer-Related Crimes › 815.04 - Offenses Against Intellectual Property.

815.04 Offenses against intellectual property.—
(1) A person who willfully, knowingly, and without authorization introduces a computer contaminant or modifies or renders unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.
(2) A person who willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.
(3) A person who willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation that is a trade secret as defined in s. 812.081 or is confidential as provided by law residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.
(4)(a) Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 78-92; s. 1, ch. 94-100; s. 431, ch. 96-406; s. 1, ch. 2014-177; s. 4, ch. 2014-208; s. 5, ch. 2016-5; s. 20, ch. 2016-6; s. 31, ch. 2022-5.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 815 - Computer-Related Crimes › 815.045 - Trade Secret Information.

815.045 Trade secret information.—The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081 be expressly made confidential and exempt from the public records law because it is a felony to disclose such records. Due to the legal uncertainty as to whether a public employee would be protected from a felony conviction if otherwise complying with chapter 119, and with s. 24(a), Art. I of the State Constitution, it is imperative that a public records exemption be created. The Legislature in making disclosure of trade secrets a crime has clearly established the importance attached to trade secret protection. Disclosing trade secrets in an agency’s possession would negatively impact the business interests of those providing an agency such trade secrets by damaging them in the marketplace, and those entities and individuals disclosing such trade secrets would hesitate to cooperate with that agency, which would impair the effective and efficient administration of governmental functions. Thus, the public and private harm in disclosing trade secrets significantly outweighs any public benefit derived from disclosure, and the public’s ability to scrutinize and monitor agency action is not diminished by nondisclosure of trade secrets.
History.—s. 2, ch. 94-100; s. 41, ch. 2022-5.
Note.—Former s. 119.165.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 815 - Computer-Related Crimes › 815.061 - Offenses Against Public Utilities.

815.061 Offenses against public utilities.—
(1) As used in this section, the term “public utility” includes:
(a) A public utility or electric utility as defined in s. 366.02.
(b) A utility as defined in s. 367.021.
(c) A natural gas transmission company as defined in s. 368.103.
(d) A person, corporation, partnership, association, public agency, municipality, cooperative, gas district, or other legal entity and their lessees, trustees, or receivers, now or hereafter owning, operating, managing, or controlling gas transmission or distribution facilities or any other facility supplying or storing natural or manufactured gas or liquefied gas with air admixture or any similar gaseous substances by pipeline to or for the public within this state.
(e) A separate legal entity created under s. 163.01 and composed of any of the entities described in this subsection for the purpose of providing utility services in this state, including wholesale power and electric transmission services.
(2) A person may not willfully, knowingly, and without authorization:
(a) Gain access to a computer, computer system, computer network, or electronic device owned, operated, or used by a public utility while knowing that such access is unauthorized.
(b) Physically tamper with, insert a computer contaminant into, or otherwise transmit commands or electronic communications to a computer, computer system, computer network, or electronic device that causes a disruption in any service delivered by a public utility.
(3)(a) A person who violates paragraph (2)(a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who violates paragraph (2)(b) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 6, ch. 2014-208.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 815 - Computer-Related Crimes › 815.062 - Offenses Against Governmental Entities.

815.062 Offenses against governmental entities.—
(1) As used in this section, the term “governmental entity” means any official, officer, commission, board, authority, council, committee, or department of the executive, judicial, or legislative branch of state government; any state university; or any county or municipality, special district, water management district, or other political subdivision of the state.
(2) A person who willfully, knowingly, and without authorization introduces a computer contaminant that gains unauthorized access to, encrypts, modifies, or otherwise renders unavailable data, programs, or supporting documentation residing or existing within a computer, computer system, computer network, or electronic device owned or operated by a governmental entity and demands a ransom to prevent the publication of or to restore access to the data, programs, or supporting documentation or to otherwise remediate the impact of the computer contaminant commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) An employee or contractor of a governmental entity with access to the governmental entity’s network who willfully and knowingly aids or abets another in the commission of a violation of subsection (2) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) In addition to any other penalty imposed, a person convicted of a violation of this section must pay a fine equal to twice the amount of the ransom demand. Moneys recovered under this subsection shall be deposited into the General Revenue Fund.
History.—s. 6, ch. 2022-220; s. 127, ch. 2023-8.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 815 - Computer-Related Crimes › 815.07 - This Chapter Not Exclusive.

815.07 This chapter not exclusive.—The provisions of this chapter shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates this chapter, unless such provision is inconsistent with the terms of this chapter.
History.—s. 1, ch. 78-92.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.011 - Definition.

817.011 Definition.—As used in this chapter, the term “business entity” means any corporation, partnership, limited partnership, company, limited liability company, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state.
History.—s. 1, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.02 - Obtaining property by false personation.

817.02 Obtaining property by false personation.—
(1) Whoever falsely personates or represents another person, and in such assumed character:
(a) Receives any property intended to be delivered to that person, with intent to convert the same to his or her own use; or
(b) To the extent not subject to s. 817.568, damages the credit history or rating of, or otherwise causes harm to, the person whose identity has been assumed through the taking of property from any person,
shall be punished as if he or she had been convicted of larceny.
(2)(a) In sentencing a defendant convicted of a violation of this section, in addition to restitution to the victim under s. 775.089, the court may order restitution for the victim’s out-of-pocket costs, including attorney fees and fees associated with services provided by certified public accountants licensed under chapter 473, incurred by the victim in clearing the victim’s credit history or credit rating, or costs incurred in connection with a civil or administrative proceeding to satisfy a debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
(b) The sentencing court may issue such orders as are necessary to correct a public record that contains false information given in violation of this section.
(3)(a) A victim of the conduct subject to this section shall have a civil cause of action against a person who has engaged in the conduct prohibited by this section as provided in s. 772.11.
(b) For purposes of this subsection, the term “victim” includes, to the extent not already included within s. 817.568, a person whose identity was falsely personated or who suffers a loss of property as a result of the false personation.
History.—s. 49, sub-ch. 4, ch. 1637, 1868; RS 2466; GS 3321; RGS 5156; CGL 7259; s. 1244, ch. 97-102; s. 2, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.021 - False information to obtain a seaport security identification card.

817.021 False information to obtain a seaport security identification card.—A person who willfully and knowingly provides false information in obtaining or attempting to obtain a seaport security identification card commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 2006-193.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.025 - Home or private business invasion by false personation; penalties.

817.025 Home or private business invasion by false personation; penalties.—A person who obtains access to a home or private business by false personation or representation, with the intent to commit a felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If such act results in serious injury or death, it is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 91-133.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.03 - Making false statement to obtain property or credit.

817.03 Making false statement to obtain property or credit.—Any person who shall make or cause to be made any false statement, in writing, relating to his or her financial condition, assets or liabilities, or relating to the financial condition, assets or liabilities of any firm or corporation in which such person has a financial interest, or for whom he or she is acting, with a fraudulent intent of obtaining credit, goods, money or other property, and shall by such false statement obtain credit, goods, money or other property, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 5134, 1903; RS 3322; s. 1, ch. 6869, 1915; RGS 5160; CGL 7263; s. 843, ch. 71-136; s. 1245, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.031 - Making false statements; venue of prosecution.

817.031 Making false statements; venue of prosecution.—Prosecutions under s. 817.03 may be begun in the county where the statement was written, or purports to have been written.
History.—s. 2, ch. 5134, 1903; GS 3323; RGS 5161; CGL 7264.
Note.—Former s. 817.04.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.0345 - Prohibition of fraudulent marketing practices.

817.0345 Prohibition of fraudulent marketing practices.—It is unlawful for any person to knowingly and willfully make a materially false or misleading statement or provide false or misleading information about the identity, products, goods, services, or geographical location of a licensed service provider, as defined in chapter 397, in marketing, advertising materials, or other media or on a website with the intent to induce another person to seek treatment with that service provider. A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 23, ch. 2017-173.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.037 - Fraudulent refunds.

817.037 Fraudulent refunds.—
(1) Any person who engages in a systematic, ongoing course of conduct to obtain a refund for merchandise from a business establishment by knowingly giving a false or fictitious name or address as his or her own or the name or address of any other person without that person’s knowledge and approval is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) In order for a person to be convicted under this section, a conspicuous notice must have been posted in the business establishment in the area where refunds are made, advising patrons of the provisions of this section and the penalties provided.
History.—s. 3, ch. 86-161; s. 193, ch. 91-224; s. 1246, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.05 - False statements to merchants as to financial condition.

817.05 False statements to merchants as to financial condition.—Any merchant in the state, before extending credit to any person applying for the same, may require such applicant to furnish a statement in writing showing the property owned and the salary being earned by said applicant, and if said statement, or any part thereof, is false, provided the same be made willfully, and signed by applicant in presence of two witnesses, and any person obtains credit from any merchant by reason of the merchant relying on and being deceived by said false statement, or any part thereof, then said person so obtaining credit or goods shall be deemed guilty of obtaining money or goods under false pretenses and shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 19487, 1939; CGL 1940 Supp. 7264(1); s. 844, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.06 - Misleading advertisements prohibited; penalty.

817.06 Misleading advertisements prohibited; penalty.—
(1) No person, persons, association, copartnership, or institution shall, with intent to offer or sell or in anywise dispose of merchandise, securities, certificates, diplomas, documents, or other credentials purporting to reflect proficiency in any trade, skill, profession, credits for academic achievement, service or anything offered by such person, persons, association, copartnership, corporation, or institution directly or indirectly, to the public, for sale or distribution or issuance, or with intent to increase the consumption or use thereof, or with intent to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, or ownership thereof, knowingly or intentionally make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated or circulated or placed before the public in this state in a newspaper or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter or in any other way, an advertisement of any sort regarding such certificate, diploma, document, credential, academic credits, merchandise, security, service or anything so offered to the public, which advertisement contains any assertion, representation or statement which is untrue, deceptive, or misleading.
(2) Any person, persons, association, copartnership, corporation, or institution found guilty of a violation of subsection (1) shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 11827, 1927; CGL 7311, 7312; ss. 1, 2, ch. 57-410; s. 846, ch. 71-136.
Note.—Former s. 817.07.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.061 - Misleading solicitation of payments prohibited.

817.061 Misleading solicitation of payments prohibited.—
(1) It is unlawful for any person, company, corporation, agency, association, partnership, institution, or charitable entity to solicit payment of money by another by means of a statement or invoice, or any writing that would reasonably be interpreted as a statement or invoice, for goods not yet ordered or for services not yet performed and not yet ordered, unless there appears on the face of the statement or invoice or writing in 30-point boldfaced type the following warning:
“This is a solicitation for the order of goods or services, and you are under no obligation to make payment unless you accept the offer contained herein.”
(2) Any person damaged by noncompliance with this section, in addition to other remedies, is entitled to damages in the amount equal to 3 times the sum solicited.
(3) Any person, company, corporation, agency, association, partnership, institution, or charitable entity that violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—ss. 1, 2, ch. 69-246; s. 845, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.08 - Receiving money or property upon false promises of services as seaman or sponge fisher.

817.08 Receiving money or property upon false promises of services as seaman or sponge fisher.—Whoever enters into a written agreement with any master or owner of a vessel to perform certain services upon said vessel as seaman or sponge fisher for a contemplated voyage, and receives or accepts any money or goods, wares or merchandise, as advances or bounty for the performance of said services, and shall willfully and without just cause refuse to perform said services, or to go on said vessel at the time of the sailing of the same, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 5161, 1903; GS 3324; RGS 5162; CGL 7265; s. 847, ch. 71-136; s. 1247, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.11 - Obtaining property by fraudulent promise to furnish inside information.

817.11 Obtaining property by fraudulent promise to furnish inside information.—
(1) A person may not defraud or attempt to defraud any individual out of anything of value by assuming to have or be able to obtain any secret, advance or inside information regarding any person, transaction, act or thing, whether such person, transaction, act or thing exists or not.
(2) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) All paraphernalia of whatsoever kind in possession of any person and used in defrauding or attempting to defraud as specified in this section shall be held and accepted by any court of competent jurisdiction in this state as prima facie evidence of guilt.
History.—ss. 1, 2, 3, ch. 8466, 1921; CGL 7308, 7309, 7310; s. 848, ch. 71-136; s. 4, ch. 2015-166.
Note.—Subsection (2) former s. 817.12; subsection (3) former s. 817.13.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.14 - Procuring assignments of produce upon false representations.

817.14 Procuring assignments of produce upon false representations.—A person acting for himself or herself or another person, who shall procure any consignment of produce grown in this state, to himself or herself or such other, for sale on commission or for other compensation by any knowingly false representation as to the prevailing market price at such time for such produce at the point to which it is consigned, or as to the price which such person for whom he or she is acting is at said time paying to other consignors for like produce at said place, or as to the condition of the market for such produce at such time and place, and any such person acting for another who shall procure any consignment for sale as aforesaid by false representation of authority to him or her by such other to make a guaranteed price to the consignor, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 5141, 1903; GS 3325; RGS 5163; CGL 7266; s. 849, ch. 71-136; s. 1248, ch. 97-102; s. 5, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.15 - False entries in books of business entity.

817.15 False entries in books of business entity.—Any officer, agent, clerk or servant of a business entity who makes a false entry in the books thereof, with intent to defraud, and any person whose duty it is to make in such books a record or entry of the transfer of stock, or of the issuing and canceling of certificates thereof, or of the amount of stock issued by such business entity, who omits to make a true record or entry thereof, with intent to defraud, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 47, ch. 1637, 1868; RS 2467; GS 3326; RGS 5164; CGL 7267; s. 850, ch. 71-136; s. 6, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.155 - Matters within jurisdiction of Department of State; false, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.

817.155 Matters within jurisdiction of Department of State; false, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.—A person may not, in any matter within the jurisdiction of the Department of State, knowingly and willfully falsify or conceal a material fact, make any false, fictitious, or fraudulent statement or representation, or make or use any false document, knowing the same to contain any false, fictitious, or fraudulent statement or entry. A person who violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The statute of limitations for prosecution of an act committed in violation of this section is 5 years from the date the act was committed.
History.—s. 52, ch. 87-99; s. 194, ch. 91-224; s. 26, ch. 2005-267.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.16 - False reports, etc., by officers of banks, trust companies, etc., with intent to defraud.

817.16 False reports, etc., by officers of banks, trust companies, etc., with intent to defraud.—Any officer, director, agent or clerk of any bank, trust company, building and loan association, small loan licensee, credit union, or other corporation under the supervision of the Office of Financial Regulation of the Financial Services Commission or formerly the Department of Banking and Finance, who willfully and knowingly subscribes or exhibits any false paper with intent to deceive any person authorized to examine as to the records of such bank, trust company, building and loan association, small loan licensee, credit union, or other corporation under the supervision of the Office of Financial Regulation or formerly the Department of Banking and Finance, or willfully and knowingly subscribes to or makes any false reports to the Office of Financial Regulation or subscribed to or made any such false report to the Department of Banking and Finance or causes to be published any false report, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 15876, 1933; CGL 1936 Supp. 7315(1); ss. 12, 35, ch. 69-106; s. 851, ch. 71-136; s. 1908, ch. 2003-261.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.17 - Wrongful use of city, county, or other political subdivision name.

817.17 Wrongful use of city, county, or other political subdivision name.—
(1) A person or persons engaged in manufacturing in this state may not cause to be printed, stamped, marked, engraved or branded, upon any of the articles manufactured by them, or on any of the boxes, packages, or bands containing such manufactured articles, the name of any city, county, or other political subdivision of the state, other than that in which said articles are manufactured; provided, that this section does not prohibit any person from offering for sale any goods having marked thereon the name of any city, county, or other political subdivision of the state other than that in which said goods were manufactured, if there be no manufactory of similar goods in the city, county, or other political subdivision the name of which is used.
(2) A person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—s. 1, ch. 4145, 1893; GS 3327; RGS 5167; CGL 7270; s. 7, ch. 2015-166.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 817 - Fraudulent Practices › Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.5695) › 817.18 - Wrongful marking with a city, county, or other political subdivision name.

817.18 Wrongful marking with a city, county, or other political subdivision name.—
(1) A person may not knowingly sell or offer for sale, within the state, any manufactured articles which shall have printed, stamped, marked, engraved, or branded upon them, or upon the boxes, packages, or bands containing said manufactured articles, the name of any city, county, or other political subdivision of the state, other than that in which such articles were manufactured; provided, that this section does not prohibit any person from offering for sale any goods, having marked thereon the name of any city, county, or other political subdivision of the state, other than that in which said goods are manufactured, if there be no manufactory of similar goods in the city, county, or other political subdivision the name of which is used.
(2) A person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—s. 2, ch. 4145, 1893; GS 3328; RGS 5168; CGL 7271; s. 852, ch. 71-136; s. 8, ch. 2015-166.