§ 812.014(2)(c) — Grand Theft

Overview of Florida's Grand Theft Law

Florida Statute § 812.014(2)(c) establishes the framework for grand theft offenses, which represent felony-level theft crimes based primarily on the value of stolen property. The statute creates a clear demarcation between petty theft, which involves property valued under $300, and grand theft, which encompasses all theft of property valued at $300 or more. This value-based classification system ensures that more serious theft offenses receive appropriately severe criminal penalties under Florida's Criminal Punishment Code.

The grand theft statute operates within Florida's comprehensive theft framework outlined in Chapter 812 of the Florida Statutes. Beyond simple value thresholds, the law recognizes that certain types of property theft warrant felony treatment regardless of monetary value, including theft of firearms, motor vehicles, certain agricultural products, and specific controlled substances. The statute also addresses theft committed under aggravating circumstances, such as during declared states of emergency or from construction sites, which can enhance penalties significantly.

Grand theft prosecutions require the State Attorney to prove not only the value element but also the defendant's specific intent to permanently deprive the owner of their property. This intent requirement distinguishes theft from other property crimes and creates potential defense opportunities in cases where temporary taking or mistake of fact may be at issue.

Elements of the Offense

1. The defendant knowingly and unlawfully obtained or used, or endeavored to obtain or use, the property of another
2. The defendant did so with intent to temporarily or permanently deprive the other person of their right to the property or any benefit from it
3. The defendant intended to appropriate the property to their own use or to the use of any person not entitled to it
4. The property had a value of $300 or more, or fell into a specific category requiring felony treatment regardless of value
5. The taking was without the consent of the owner

Penalties by Degree

Third-Degree Grand Theft

• Property valued between $300 and $19,999
• Third-degree felony punishable by up to 5 years in state prison
• Up to 5 years of probation
• Maximum fine of $5,000
• Minimum scoresheet points under the Criminal Punishment Code

Second-Degree Grand Theft

• Property valued between $20,000 and $99,999
• Second-degree felony punishable by up to 15 years in state prison
• Up to 15 years of probation
• Maximum fine of $10,000
• Increased scoresheet points that may require prison time

First-Degree Grand Theft

• Property valued at $100,000 or more
• First-degree felony punishable by up to 30 years in state prison
• Up to 30 years of probation
• Maximum fine of $10,000
• Substantial scoresheet points often requiring significant prison sentences

Enhanced Penalties and Aggravating Factors

Florida law provides for enhanced penalties in grand theft cases involving specific circumstances or locations. Theft committed during a declared state of emergency, as outlined in § 812.0145, elevates the degree of the offense and can convert what would otherwise be third-degree grand theft into a second-degree felony. Similarly, theft from a construction site as defined in § 812.0155 carries enhanced penalties designed to protect the construction industry from rampant theft problems.

The statute also recognizes certain categories of property that warrant felony treatment regardless of monetary value. These include firearms under § 812.014(2)(c)1, law enforcement equipment, fire extinguishers, and stop signs. Additionally, theft of specific quantities of agricultural products, aquaculture species, or citrus fruit can constitute grand theft even when the actual monetary value falls below the $300 threshold.

Restitution and Civil Remedies

Beyond criminal penalties, Florida's grand theft statute works in conjunction with § 772.11, which provides for civil remedies including treble damages and attorney's fees for theft victims. Criminal defendants convicted of grand theft face mandatory restitution requirements to compensate victims for their actual losses, including damaged or destroyed property and consequential damages. The court must order restitution as a condition of any sentence, whether involving incarceration, probation, or community control.

Florida law also permits victims to pursue concurrent civil litigation while criminal proceedings are pending. Civil recovery can include not only the actual value of stolen property but also punitive damages, investigative costs, and reasonable attorney's fees. These parallel proceedings often influence plea negotiations and sentencing recommendations in criminal cases.

How Our Data Relates

Our database tracks grand theft prosecutions across all 67 Florida counties, revealing significant variations in charging practices and outcomes based on prosecutorial policies and local court resources. Our data shows that urban counties like Miami-Dade and Orange tend to resolve third-degree grand theft cases through plea agreements more frequently than rural jurisdictions, where cases more often proceed to trial. Additionally, our analysis indicates that defendants with prior theft convictions face substantially higher scoresheets under the Criminal Punishment Code, making adjudication withheld less likely and prison sentences more common across all participating counties.