Florida Theft and Shoplifting Laws

If you're looking for a Florida online shoplifting class, it's important to know your Florida theft laws. This can help you understand more about your offense.

Please note that the Florida theft laws displayed on this page are to help you to understand your local Florida theft, shoplifting and stealing laws. While we have tried to show the most up-to-date version of Florida theft laws, we do not guarantee its accuracy. This page is not a replacement for legal advice from an attorney. It is in your best interest that you find an appropriate lawyer for more information about Florida theft laws.

Florida Theft and Shoplifting Laws Explained

Understanding the laws related to theft and shoplifting in Florida can help you recognize what actions are considered illegal and the potential consequences. Below is a simplified explanation of these laws to make them easier to understand.

Definitions (§812.012)

Before diving into what constitutes theft, it's important to understand some key terms used in Florida's theft laws:

1. Cargo: This refers to shipments or containers of goods that are transported via trucks, airplanes, ships, warehouses, or other transportation and storage facilities.

2. Dealer in Property: Any person or business that buys and sells goods.

3. Obtains or Uses: This covers various ways someone can unlawfully take or control property, such as:

   • Taking control of property without permission.
   • Using or transferring property without authorization.
   • Obtaining property through fraud or false promises.
   • Engaging in activities like stealing, embezzling, or deceiving others to gain property.

4. Property: Anything valuable, including:

   • Real estate (like land and buildings).
   • Personal belongings, whether physical (like a car) or intangible (like a digital file).
   • Services provided by someone’s labor or skills.

5. Property of Another: Property that belongs to someone else, where you don't have the right to use or take it without permission.

6. Services: Anything of value that comes from a person's work or the use of property, such as:

   • Repairs or improvements to items.
   • Professional services like consulting.
   • Public services like transportation or utilities.
   • Accommodations like hotels.
   • Tickets to events or attractions.

7. Stolen Property: Property that has been taken unlawfully.

8. Traffic: In the context of theft, this means selling, transferring, or using property with the intent to dispose of it.

9. Enterprise: Any individual or business entity, including partnerships, corporations, or groups of people working together.

10. Value: The worth of the property, which is usually its market value at the time of the theft. If the value can't be determined, it might be considered less than $100. Multiple thefts can add up to a higher value when determining the severity of the offense.

Theft (§812.014)

Theft involves taking someone else's property with the intent to either temporarily or permanently deprive them of it. Here's how theft is categorized based on the value and type of property stolen:

1. General Theft:

   • If someone knowingly takes or tries to take another person's property intending to either keep it or use it without permission, it's considered theft.

2. Grand Theft:

   • First Degree Grand Theft:
     • Stealing property valued at $100,000 or more.
     • Stealing a semitrailer used by law enforcement.
     • Stealing cargo worth $50,000 or more that is being transported.
     • Committing grand theft while using a vehicle to cause damage over $1,000 or using it as more than just a getaway vehicle.
   • Second Degree Grand Theft:
     • Stealing property valued between $20,000 and $100,000.
     • Stealing cargo worth less than $50,000 that is being transported.
     • Stealing emergency medical or law enforcement equipment valued at $300 or more.
     • During a state of emergency, certain thefts can be elevated to first-degree felony based on specific conditions like civil unrest or power outages.
   • Third Degree Grand Theft:
     • Stealing items valued between $300 and $20,000.
     • Stealing specific items like wills, firearms, motor vehicles (with some exceptions), certain animals, fire extinguishers, large quantities of citrus fruit, stop signs, or anhydrous ammonia.
     • Theft during a state of emergency can escalate to a higher felony degree based on the value of the property stolen.

3. Petit Theft:

   • First Degree Petit Theft:
     • Stealing property valued between $100 and $300 from a dwelling or its immediate surroundings.
   • Second Degree Petit Theft:
     • Stealing property valued between $100 and $300 (not from a dwelling).
     • Theft of property not specified under grand theft categories.
   • Enhanced Penalties:
     • Repeat offenders face harsher penalties, including moving from a misdemeanor to a felony based on prior convictions.

4. Additional Penalties:

   • Driver’s License Suspension:
     • If someone is found guilty of petit theft related to stealing gasoline from a gas station without paying, their driver’s license can be suspended. The first suspension can last up to 6 months, and subsequent suspensions can last up to a year.

5. Organized Theft:

   • Coordinating with others to commit theft, especially if the stolen property is valued over $3,000, is considered a second-degree felony.

Understanding these laws helps in recognizing the seriousness of theft and the various factors that influence the severity of charges and penalties. Always ensure to respect others' property and be aware of the legal implications of theft in Florida.

You might also be interested in Florida Theft and Shoplifting Classes.