Fla. Stat. 812.0151
Retail fuel theft


(1)

As used in this section, the term “fuel” has the same meaning as in s. 163.3206(2).

(2)(a)

A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she willfully, knowingly, and without authorization:
Breaches a retail fuel dispenser or accesses any internal portion of a retail fuel dispenser; or
Possesses any device constructed for the purpose of fraudulently altering, manipulating, or interrupting the normal functioning of a retail fuel dispenser.
A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she willfully, knowingly, and without authorization:
Physically tampers with, manipulates, removes, replaces, or interrupts any mechanical or electronic component located within the internal portion of a retail fuel dispenser; or
Uses any form of electronic communication to fraudulently alter, manipulate, or interrupt the normal functioning of a retail fuel dispenser.
A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she:
Obtains fuel as a result of violating paragraph (a) or paragraph (b); or
Modifies a vehicle’s factory installed fuel tank or possesses any item used to hold fuel which was not fitted to a vehicle or conveyance at the time of manufacture with the intent to use such fuel tank or item to hold or transport fuel obtained as a result of violating paragraph (a) or paragraph (b).

(2)(a)

A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she willfully, knowingly, and without authorization:Breaches a retail fuel dispenser or accesses any internal portion of a retail fuel dispenser; orPossesses any device constructed for the purpose of fraudulently altering, manipulating, or interrupting the normal functioning of a retail fuel dispenser.
1. Breaches a retail fuel dispenser or accesses any internal portion of a retail fuel dispenser; or
2. Possesses any device constructed for the purpose of fraudulently altering, manipulating, or interrupting the normal functioning of a retail fuel dispenser.

(b)

A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she willfully, knowingly, and without authorization:Physically tampers with, manipulates, removes, replaces, or interrupts any mechanical or electronic component located within the internal portion of a retail fuel dispenser; orUses any form of electronic communication to fraudulently alter, manipulate, or interrupt the normal functioning of a retail fuel dispenser.
1. Physically tampers with, manipulates, removes, replaces, or interrupts any mechanical or electronic component located within the internal portion of a retail fuel dispenser; or
2. Uses any form of electronic communication to fraudulently alter, manipulate, or interrupt the normal functioning of a retail fuel dispenser.

(c)

A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she:Obtains fuel as a result of violating paragraph (a) or paragraph (b); orModifies a vehicle’s factory installed fuel tank or possesses any item used to hold fuel which was not fitted to a vehicle or conveyance at the time of manufacture with the intent to use such fuel tank or item to hold or transport fuel obtained as a result of violating paragraph (a) or paragraph (b).
1. Obtains fuel as a result of violating paragraph (a) or paragraph (b); or
2. Modifies a vehicle’s factory installed fuel tank or possesses any item used to hold fuel which was not fitted to a vehicle or conveyance at the time of manufacture with the intent to use such fuel tank or item to hold or transport fuel obtained as a result of violating paragraph (a) or paragraph (b).

(3)

Any person who aids, abets, or assists a person in committing a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)

Any conveyances, vehicles, fuel tanks, and other equipment used or intended to be used in a violation of this section, and any fuel acquired in a violation of this section, is subject to seizure and forfeiture as provided by the Florida Contraband Forfeiture Act.

(5)

A law enforcement agency that seizes fuel under this section must remove and reclaim, recycle, or dispose of all the fuel as soon as practicable in a safe and proper manner.

(6)

Upon conviction of a person arrested for a violation of this section, the judge must issue an order adjudging and declaring that all conveyances, vehicles, fuel tanks, and other equipment used or intended to be used in a violation of this section are forfeited and directing their destruction, with the exception of the conveyance or vehicle.

(7)

Any person convicted of a violation of this section is responsible for both of the following:All reasonable costs incurred by the investigating law enforcement agency, including, but not limited to, the costs for the towing and storage of the conveyance or vehicle, the removal and disposal of the fuel, and the storage and destruction of all fuel tanks and other equipment described and used or intended to be used in a violation of this section.Payment, to the party from whom it was fraudulently obtained, for the retail value of any associated fuel at the time of the underlying act.

(a)

All reasonable costs incurred by the investigating law enforcement agency, including, but not limited to, the costs for the towing and storage of the conveyance or vehicle, the removal and disposal of the fuel, and the storage and destruction of all fuel tanks and other equipment described and used or intended to be used in a violation of this section.

(b)

Payment, to the party from whom it was fraudulently obtained, for the retail value of any associated fuel at the time of the underlying act.

Source: Section 812.0151 — Retail fuel theft, https://www.­flsenate.­gov/Laws/Statutes/2024/0812.­0151 (accessed Aug. 7, 2025).

812.005
Short title
812.012
Definitions
812.13
Robbery
812.14
Trespass and larceny with relation to utility fixtures
812.014
Theft
812.15
Unauthorized reception of communications services
812.015
Retail and farm theft
812.16
Operating chop shops
812.016
Possession of altered property
812.017
Use of a fraudulently obtained or false receipt
812.019
Dealing in stolen property
812.022
Evidence of theft or dealing in stolen property
812.025
Charging theft and dealing in stolen property
812.028
Defenses precluded
812.032
Supplemental fine
812.035
Civil remedies
812.037
Construction of ss
812.052
Certain purchases prohibited
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
812.061
Larceny
812.062
Notification to owner and law enforcement agency initiating stolen motor vehicle report upon recovery of stolen vehicle
812.081
Theft of or trafficking in trade secrets
812.131
Robbery by sudden snatching
812.133
Carjacking
812.135
Home-invasion robbery
812.141
Offenses involving critical infrastructure
812.145
Theft of copper or other nonferrous metals
812.0145
Theft from persons 65 years of age or older
812.146
Civil liability of owner of metal property
812.0147
Unlawful possession or use of a fifth wheel
812.0151
Retail fuel theft
812.155
Hiring, leasing, or obtaining personal property or equipment with the intent to defraud
812.0155
Driver license suspension as an alternative sentence for a person under 18 years of age
812.171
Definition
812.172
Intent
812.173
Convenience business security
812.174
Training of employees
812.175
Enforcement
812.176
Rulemaking authority
812.0191
Dealing in property paid for in whole or in part by the Medicaid program
812.0195
Dealing in stolen property by use of the Internet
812.1701
Short title
812.1725
Preemption

Current through Fall 2025

§ 812.0151. Retail fuel theft's source at flsenate​.gov