Theft and Larceny in Florida: Conviction Rates by County
Theft and larceny are among the most common criminal charges in Florida. The state's theft statutes, primarily under Chapter 812, create a tiered system where penalties increase with the value of stolen property. This guide covers the legal framework and outcome data from our database of over 1.69 million FDLE court records.
Florida Theft Classifications
Petit Theft
- Second-degree petit theft (§ 812.014(3)(a)) — Property under $100: second-degree misdemeanor, up to 60 days in jail, $500 fine
- First-degree petit theft (§ 812.014(2)(e)) — Property $100–$749: first-degree misdemeanor, up to 1 year in jail, $1,000 fine
Enhanced penalties: A third petit theft becomes a third-degree felony under § 812.014(3)(b).
Grand Theft
- Third-degree grand theft (§ 812.014(2)(c)) — Property $750–$19,999: third-degree felony, up to 5 years in prison
- Second-degree grand theft (§ 812.014(2)(b)) — Property $20,000–$99,999: second-degree felony, up to 15 years
- First-degree grand theft (§ 812.014(2)(a)) — Property $100,000+: first-degree felony, up to 30 years
Retail Theft (Shoplifting)
Florida has specific retail theft provisions under § 812.015. Standard retail theft follows the same value thresholds. Organized retail theft — when two or more persons coordinate — is a third-degree felony regardless of value. Merchants may detain suspected shoplifters under § 812.015(3)(a) and seek civil damages under § 772.11.
Driver's License Consequences
Under § 812.0155, a theft conviction results in mandatory license suspension: 6 months for a first conviction, 1 year for a second, and 5 years for a third or subsequent.
What Our Data Shows
Our analysis of theft and larceny cases across Florida reveals notable patterns:
- Volume — Theft/larceny ranks among the highest-volume charge categories in Florida
- Adjudication withheld — Theft cases have a relatively high withhold rate, particularly for first offenders
- Diversion — Many counties offer pre-trial diversion for first-time theft offenders
- County variation — Conviction and dismissal rates vary by county; tourist-heavy counties may prosecute retail theft more aggressively
See our theft/larceny charge page for the complete county breakdown.
Defense Strategies
Common defenses include lack of intent, mistaken identification, owner's consent, value disputes (which can affect the charge level), and factual innocence. For retail theft, challenging evidence sufficiency and merchant identification procedures are common approaches.