Florida’s New Theft Threshold Amounts
In Dean v. State, __ So. 3d __, 45 Fla. L. Weekly D2088b (5th DCA 2020), the court found that the amendment to section 812.014, Florida Statutes (2019), applied retroactively.
Until September 30, 2019, Florida’s theft statute, § 812.014(2)(c)1., Fla. Stat. (2019), made theft of $300 or more, but less than $5,000, a third-degree felony. The amendment to § 812.014(2)(c)1., Fla. Stat., reduced the penalty for theft between $300 and $749 from a third-degree felony to a first-degree misdemeanor and changed the monetary requirements of third-degree theft to $750 or more, but less than $5,000, effective as of October 1, 2019.
For example, a study of 23 states that changed felony theft thresholds between 2001 and 2011 revealed:
- increasing the felony theft threshold had no impact on the states’ overall property crime or larceny rates;
- the states that increased the thresholds reported roughly the same average decrease in crime as the 27 states that did not; and
- the amount of a state’s felony theft threshold did not correlate with the state’s property crime and larceny rates.
See Lauren Krisai, Stuck in the 80s: Time for Reform of Florida’s Felony Theft Threshold, The Journal of the James Madison Institute (Spring 2017).
Changes for Other Types of Theft Crimes in Florida
Effective on October 1, 2019, a new law in Florida passed under 2019 CS/HB 7125 increases the threshold amounts for the following theft offenses:
|
Offense |
Old Threshold |
New Threshold |
||||||
|
≥ $100, but ≤ $300 |
≥ $100, but ≤ $750 |
|||||||
|
≥ $300, but ≤ $20,000 |
≥ $750, but ≤ $20,000 |
|||||||
Florida new theft law that takes effect on October 1, 2019, also increases the threshold amounts for other theft offenses including:
|
Offense |
Offense Level |
 |
Old Threshold |
 |
New Threshold |
||||||
|
|||||||||||
|
Second Degree Misdemeanor |
< $300 |
< $1,000 |
|||||||||
|
Third Degree Felony |
≥ $300 |
≥ $1,000 |
|||||||||
 |
Second Degree Misdemeanor |
< $300 |
< $1,000 |
||||||||
|
Third Degree Felony |
≥ $300 |
|
≥ $1,000 |
|||||||
|
Removal of Property Upon Which a Lien Has Accrued
|
Second Degree Misdemeanor |
≤ $50 |
< $1,000 |
||||||||
|
Third Degree Felony |
˃ $50 |
≥ $1,000 |
|||||||||
|
Sale of Used Motor Vehicle Goods as New |
First Degree Misdemeanor |
None |
|
< $1,000 |
||||||
|
Third Degree Felony |
˃ $100 |
|
≥ $1,000 |
||||||||
Attorneys for Theft Charges in Florida
If you were charged with a theft charge in Tampa, FL, then contact an experienced criminal defense attorney at Sammis Law Firm. Contact us to find out how 2019 CS/HB 7125 increases the threshold amounts for theft charges in Florida.
Whether you are charged with petit theft in the first or second degree, or any grand theft case, we can help.
We also represent clients charged with theft of state funds, obtaining food or lodging, removal of the property upon which a lien has accrued, or sale of used motor vehicle goods.
Call 813-250-0500.
This article was last updated on Friday, September 4, 2020.
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- New Thresholds
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