Overview of Florida’s Theft Law
Florida Statute § 812.014 is the state’s comprehensive theft statute, covering everything from shoplifting to large-scale property crimes. Florida uses a unified theft statute rather than separating theft into distinct crimes like larceny, embezzlement, and false pretenses. The offense is defined broadly: knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to deprive that person of the property, either temporarily or permanently.
Elements of the Offense
The prosecution must prove:
- The defendant knowingly and unlawfully obtained, used, or endeavored to obtain or use the property of the victim.
- The defendant did so with the intent to either temporarily or permanently deprive the victim of a right to the property or any benefit from it, or to appropriate the property to their own use or the use of a person not entitled to it.
Florida’s theft statute is notable for including temporary deprivation. Unlike some states that require intent to permanently deprive, Florida criminalizes even temporary unauthorized use of another’s property.
Penalties by Degree
Petit Theft — Property Valued Under $750
- Second-degree misdemeanor (under $100): Up to 60 days in jail, $500 fine
- First-degree misdemeanor ($100–$749): Up to 1 year in jail, $1,000 fine
- Second conviction of petit theft: automatically a first-degree misdemeanor regardless of value
- Third or subsequent conviction: third-degree felony (§ 812.014(3)(c))
Grand Theft — Property Valued $750 or More
- Third-degree felony ($750–$19,999): Up to 5 years in prison, $5,000 fine
- Second-degree felony ($20,000–$99,999): Up to 15 years in prison, $10,000 fine
- First-degree felony ($100,000 or more): Up to 30 years in prison, $10,000 fine
Special Theft Categories
Certain types of theft carry enhanced penalties regardless of value:
- Theft of a motor vehicle: third-degree felony (under $20,000) or higher
- Theft of a firearm: third-degree felony minimum
- Theft from a person 65 or older: enhanced by one degree if the offender knew or should have known the victim’s age
- Cargo theft ($50,000+): second-degree felony with mandatory minimum sentence
Retail Theft (Shoplifting)
While shoplifting is charged under the general theft statute, Florida also has a specific retail theft provision (§ 812.015) that creates the crime of retail theft and addresses organized retail crime. Retail theft of property valued at $750 or more, or any retail theft using devices to defeat antitheft measures, is a third-degree felony.
Defenses to Theft
Common defenses include good-faith belief of ownership or right to possession, lack of intent (mistake), consent from the owner, and disputes over property value (which can mean the difference between misdemeanor and felony charges). For shoplifting cases, inconsistent store surveillance or lack of identification evidence can also serve as defenses.
How Our Data Relates
Theft and larceny cases represent one of the highest-volume charge categories in our database. The data reveals wide variation in how Florida counties handle theft cases. Some counties offer pre-trial diversion programs that keep first-time shoplifters out of the criminal justice system, while others prosecute more aggressively. Adjudication withheld is common for first-time theft defendants, particularly in petit theft cases.