Category: Criminal Offenses · Statute: F.S. 812.019 · Source: Florida Legislature
Understanding Receiving Stolen Property in Florida
In Florida, the traditional concept of "receiving stolen property" is prosecuted under the state's omnibus theft statute, specifically Section 812.019 of the Florida Statutes, which criminalizes "dealing in stolen property." This offense goes far beyond merely possessing a stolen item. It occurs when a person knowingly traffics, receives, possesses, conceals, or disposes of stolen property with the intent to sell, transfer, or distribute it to another person. Because the law targets the distribution network of stolen goods, it is classified as a second-degree felony, carrying a maximum penalty of 15 years in prison, regardless of the actual monetary value of the property involved.
To secure a conviction, the state must prove that the defendant knew, or should have known, the property was stolen. Florida law allows prosecutors to establish this knowledge through statutory inferences. For example, if a person buys property at a price substantially below its fair market value, or if a dealer purchases goods packaged in a manner highly unusual for retail trade, Florida courts permit the jury to infer that the defendant knew the items were stolen. This distinguishes the charge from simple theft or possession, shifting the legal focus to the commercial or distributive nature of the defendant's actions.
Bail and Pretrial Release for Dealing in Stolen Property
Because dealing in stolen property is a second-degree felony in Florida, defendants typically face a standard bond schedule amount determined by the local judicial circuit, rather than immediate release on recognizance. During the first appearance hearing, judges closely scrutinize the statutory inferences of trafficking and the defendant's access to distribution networks. If the arrest involves allegations of selling stolen goods to pawnshops, judges frequently impose specific pretrial conditions, such as ordering the defendant to stay away from all pawnshops or secondhand dealers as a condition of their bail release.