Category: Criminal Offenses · Statute: F.S. 812.019 · Source: Florida Legislature
Understanding Dealing in Stolen Property in Florida
In Florida, Dealing in Stolen Property under Florida Statute Section 812.019 is commonly referred to as "fencing." This offense goes beyond the simple possession of stolen goods; it requires proof that a person trafficked, or endeavored to traffic, in property they knew or should have known was stolen. Under the statute, "trafficking" means to sell, transfer, distribute, dispense, or otherwise dispose of the property, or to buy, receive, possess, or obtain control of the property with the intent to sell or transfer it. This charge frequently arises when individuals attempt to sell stolen items to pawnshops, online marketplaces, or scrap yards.
A critical aspect of this Florida offense is that the prosecution does not need to prove the defendant actually stole the property, only that they possessed it and tried to traffic it while knowing of its stolen character. Furthermore, Florida law allows for certain statutory inferences; for example, proof that a person purchased or sold stolen property at a price substantially below its fair market value can be used to infer that the person knew the property was stolen. Because it is classified as a second-degree felony, the state treats the act of distributing stolen goods as a more severe offense than simple petit theft or grand theft, carrying a maximum penalty of 15 years in prison regardless of the item's actual monetary value.
Bail and Pretrial Release for Dealing in Stolen Property
Because Dealing in Stolen Property is a second-degree felony, defendants are typically assigned a standard bond amount according to local county bond schedules immediately upon booking. However, because these offenses frequently involve pawnshops, judges often impose specific pretrial release conditions. A judge may order the defendant to stay away from the specific pawnshop involved in the allegations and prohibit them from conducting any pawn transactions while the case is pending, in addition to requiring a standard monetary bail bond to secure release.