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Florida Statute 812.16 | Lawyer Caselaw & Research
F.S. 812.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 812.16

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES
View Entire Chapter
F.S. 812.16
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.

F.S. 812.16 on Google Scholar

F.S. 812.16 on Casetext

Amendments to 812.16


Arrestable Offenses / Crimes under Fla. Stat. 812.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

S812.16 2 - PROPERTY CRIMES - OWN OPERATE CONDUCT OR AID AND ABET CHOP SHOP - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

WALTERS, v. U. S. ATTORNEY GENERAL,, 626 F. App'x 887 (11th Cir. 2015)

. . . Stat. § 812.16(2). . . . Id. § 812.16(1)(a). . . . Stat. § 812.16(l)(a), (2). . . . Thus, a § 812.16 conviction requires, at the very least, knowingly aiding and abetting the operation . . . Stat. § 812.16(l)(a), (2). PETITION DENIED. . . . .

KURIA, III, v. BMLRW, LLLP, a a BMLRW a, 101 So. 3d 425 (Fla. Dist. Ct. App. 2012)

. . . by the Appellees, was engaged in the commission of operating a “chop shop” in violation of section 812.16 . . .

VARGAS, v. STATE, 34 So. 3d 44 (Fla. Dist. Ct. App. 2010)

. . . See § 812.16(2), Fla. Stat. (2004) (emphasis added). . . . . § 812.16(l)(a), Fla. Stat. (2004) (emphasis added). . . .

H. BRUCE, III, v. BEARY,, 498 F.3d 1232 (11th Cir. 2007)

. . . . § 812.16(2). At approximately 1:00 p.m., the officers began to thoroughly search the Premises. . . . Stat. 812.16(2). . . . .

E. BEARY, v. BRUCE, III,, 804 So. 2d 579 (Fla. Dist. Ct. App. 2002)

. . . Because the Unit surmised that A Plus was running a “chop shop” in violation of section 812.16(a), Florida . . .

THOMAS, v. STATE, 805 So. 2d 989 (Fla. Dist. Ct. App. 2001)

. . . The appellant challenges judgments and sentences for operating a chop shop, in violation of section 812.16 . . .

UNITED STATES v. PAGAN, Sr., 196 F.3d 884 (7th Cir. 1999)

. . . The court sentenced Herrera-Ruiz based on 812.16 kilograms of cocaine and 515 pounds of marijuana, resulting . . .

KELLEY, Sr. a k a v. STATE, 720 So. 2d 272 (Fla. Dist. Ct. App. 1998)

. . . Appellant was charged with operating a chop shop under section 812.16, Florida Statutes (1995). . . . The definition of “chop shop” in section 812.16(l)(a) includes a place where a person engages in: altering . . . See § 812.16(3), Fla. Stat. (1995). . . .

PARNELL, v. STATE, 661 So. 2d 128 (Fla. Dist. Ct. App. 1995)

. . . He was also convicted of one count of operating a “chop shop,” in violation of section 812.16, Florida . . .

UNITED STATES, v. MORTON, 5 Cl. Ct. 2769 (U.S. 1984)

. . . . § 812.16(2) (1981-82); Wyo.Stat. § 1-15-302 (1977). . . . .

UNITED STATES v. MORTON, 467 U.S. 822 (U.S. 1984)

. . . . §812.16(2) (1981-1982); Wyo. Stat. § 1-15-302 (1977). . . .

L. GRUBB, v. COMMISSIONER OF INTERNAL REVENUE,, 315 F.2d 753 (6th Cir. 1963)

. . . that for the five-taxable years in question his net income was understated by an aggregate of $81,~ 812.16 . . .

v., 37 T.C. 861 (T.C. 1962)

. . . State of Mississippi_ 13,240. 50 Less: Mississippi income tax_ 428.34 Net income — taxable to U.S_ 12, 812.16 . . .