Florida criminal charge
Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence in Florida
Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence is a criminal offense under Florida law, defined by Fla. Stat. § 812.155. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 812.155.
What is the penalty for hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Obtaining property by trick, false representation, etc. (under $300) — Applies when a person, with intent to defraud, obtains custody of personal property or equipment by trick, deceit, or fraudulent/willful false representation and the value is less than $300.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Obtaining property by trick, false representation, etc. (under $300) — Applies when a person, with intent to defraud, obtains custody of personal property or equipment by trick, deceit, or fraudulent/willful false representation and the value is less than $300.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Obtaining property by trick, false representation, etc. ($300 or more) — Applies when a person, with intent to defraud, obtains custody of personal property or equipment by trick, deceit, or fraudulent/willful false representation and the value is $300 or more.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Obtaining property by trick, false representation, etc. ($300 or more) — Applies when a person, with intent to defraud, obtains custody of personal property or equipment by trick, deceit, or fraudulent/willful false representation and the value is $300 or more.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Hiring or leasing with intent to defraud (under $300) — Applies when a person, with intent to defraud the owner of rental proceeds, hires or leases personal property or equipment and the value is less than $300.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Hiring or leasing with intent to defraud (under $300) — Applies when a person, with intent to defraud the owner of rental proceeds, hires or leases personal property or equipment and the value is less than $300.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Hiring or leasing with intent to defraud ($300 or more) — Applies when a person, with intent to defraud the owner of rental proceeds, hires or leases personal property or equipment and the value is $300 or more.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Hiring or leasing with intent to defraud ($300 or more) — Applies when a person, with intent to defraud the owner of rental proceeds, hires or leases personal property or equipment and the value is $300 or more.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Failure to return hired or leased property (under $300) — Applies when a person, after hiring or leasing property, knowingly abandons or refuses to return it as agreed and the value is less than $300.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Failure to return hired or leased property (under $300) — Applies when a person, after hiring or leasing property, knowingly abandons or refuses to return it as agreed and the value is less than $300.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Failure to return hired or leased property ($300 or more) — Applies when a person, after hiring or leasing property, knowingly abandons or refuses to return it as agreed and the value is $300 or more.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Failure to return hired or leased property ($300 or more) — Applies when a person, after hiring or leasing property, knowingly abandons or refuses to return it as agreed and the value is $300 or more.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Obtaining property by trick, false representation, etc. (under $300) | Misdemeanor of the Second Degree | Applies when a person, with intent to defraud, obtains custody of personal property or equipment by trick, deceit, or fraudulent/willful false representation and the value is less than $300. | Fla. Stat. § 812.155(1) |
| Obtaining property by trick, false representation, etc. ($300 or more) | Felony of the Third Degree | Applies when a person, with intent to defraud, obtains custody of personal property or equipment by trick, deceit, or fraudulent/willful false representation and the value is $300 or more. | Fla. Stat. § 812.155(1) |
| Hiring or leasing with intent to defraud (under $300) | Misdemeanor of the Second Degree | Applies when a person, with intent to defraud the owner of rental proceeds, hires or leases personal property or equipment and the value is less than $300. | Fla. Stat. § 812.155(2) |
| Hiring or leasing with intent to defraud ($300 or more) | Felony of the Third Degree | Applies when a person, with intent to defraud the owner of rental proceeds, hires or leases personal property or equipment and the value is $300 or more. | Fla. Stat. § 812.155(2) |
| Failure to return hired or leased property (under $300) | Misdemeanor of the Second Degree | Applies when a person, after hiring or leasing property, knowingly abandons or refuses to return it as agreed and the value is less than $300. | Fla. Stat. § 812.155(3) |
| Failure to return hired or leased property ($300 or more) | Felony of the Third Degree | Applies when a person, after hiring or leasing property, knowingly abandons or refuses to return it as agreed and the value is $300 or more. | Fla. Stat. § 812.155(3) |
Common questions about hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence in Florida
Is hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence a felony or a misdemeanor in Florida?
It depends on the circumstances: hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 812.155.
Obtaining property by trick, false representation, etc. (under $300): Misdemeanor of the Second Degree (Fla. Stat. § 812.155(1)) · Obtaining property by trick, false representation, etc. ($300 or more): Felony of the Third Degree (Fla. Stat. § 812.155(1)) · Hiring or leasing with intent to defraud (under $300): Misdemeanor of the Second Degree (Fla. Stat. § 812.155(2)) · Hiring or leasing with intent to defraud ($300 or more): Felony of the Third Degree (Fla. Stat. § 812.155(2)) · Failure to return hired or leased property (under $300): Misdemeanor of the Second Degree (Fla. Stat. § 812.155(3)) · Failure to return hired or leased property ($300 or more): Felony of the Third Degree (Fla. Stat. § 812.155(3))
What are the penalties for hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence in Florida?
Penalties for hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence?
Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence is governed by Fla. Stat. § 812.155 (Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.