Retail Theft Crimes in Florida
Most theft crimes are prosecuted under Section 812.014, F.S. When the theft is from a retailer, the crime can be prosecuted under Section 812.015, F.S., specifically focused on “retail theft.”
Florida Statute Section 812.015(1)(d) defines retail theft as:
- taking possession of or carrying away of merchandise, property, money, or negotiable documents;
- removing a shopping cart with intent to deprive the merchant of the possession, use, benefit, or full retail value;
- transferring merchandise from one container to another; or
- removing or altering a price tag, universal product code, or removing a label.
Effective October 1, 2019, the Florida legislature increased the threshold for third-degree felony retail theft from $300 or more to $750 or more. The new legislation also increases the period from 48 hours to 30 days, for which the property value taken during multiple thefts may be aggregated to determine the offense level.
Under Florida law, it is a crime to conspire to commit retail theft with the intent to sell the stolen property for monetary gain when the offender who commits the theft subsequently places the stolen property in the control of another person in exchange for consideration.
The new offense has a 30-day aggregation period under which any property taken or placed within this period can be aggregated to determine the offense level of the crime.
Florida law now makes retail theft a second-degree felony offense when during the 30-day aggregation period, the value of the property taken over a series of retail thefts exceeds $3,000. Additionally, conspiring to commit retail theft to subsequently place the stolen property in the control of another person also qualifies as a second-degree felony if the value of the property taken, aggregated over 30 days, exceeds $3,000.
If a person commits retail theft in more than one judicial circuit, any theft committed over 30 days may be aggregated to determine the value of the stolen property, and the Statewide Prosecutor must prosecute the case.
Attorney for Retail Theft in Tampa, FL
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Our attorneys represent clients throughout the greater Tampa Bay area, including Hernando County, Pasco County, Pinellas County, and Polk County, FL. Contact us to schedule a free and confidential consultation to discuss your case and important defenses that might apply.
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Third Degree Felony Retail Theft
Retail theft can be charged as a third-degree felony if the theft involves property valued at $750 or more and the person does one of the following:
- Individually commits retail theft, or in concert with one or more other persons, coordinates the activities of one or more individuals in committing the offense, which may occur through multiple acts of retail theft, in which the amount of each individual theft is aggregated within a 30-day period to determine the value of the property stolen;
- Conspires with another person to commit retail theft with the intent to sell the stolen property for monetary or other gain, and subsequently takes or causes such property to be placed in the control of another person in exchange for consideration, in which the stolen property taken or placed within a 30-day period is aggregated to determine the value of the stolen property;
- Individually, or in concert with one or more other persons, commits theft from more than one location within a 30-day period, in which the amount of each individual theft is aggregated to determine the value of the property stolen;
- Acts in concert with one or more other individuals within one or more establishments to distract the merchant, merchant’s employee, or law enforcement officer in order to carry out the offense, or acts in other ways to coordinate efforts to carry out the offense; or
- Commits the offense through the purchase of merchandise in a package or box that contains merchandise other than, or in addition to, the merchandise purported to be contained in the package or box.
All of the retail theft offenses in s. 812.015(8), F.S, are Level 5 third degree felonies, except for the conspiracy offense, which is a Level 3 third degree felony as explained in Section 921.0022(3)(c), F.S.
Second Degree Felony Retail Theft
Section 812.015(9), F.S., provides that it is a second degree felony if the person:
- Violates s. 812.015(8), F.S., and has previously been convicted of a violation of this subsection;
- Individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing the offense of retail theft, in which the amount of each individual theft within a 30-day period is aggregated to determine the value of the stolen property and such value is in excess of $3,000; or
- Conspires with another person to commit retail theft with the intent to sell the stolen property for monetary or other gain, and subsequently takes or causes such property to be placed in control of another person in exchange for consideration, in which the stolen property taken or placed within a 30-day period is aggregated to have a value in excess of $3,000.
All of the retail theft offenses in s. 812.015(9), F.S, are Level 6 second degree felonies, except for the conspiracy offense, which is unranked in the Code chart. The unranked conspiracy offense, therefore, defaults to Level 4 under s. 921.0023(2), F.S.
Section 812.015(10), F.S., provides that if a person commits retail theft in more than one judicial circuit within a 30-day period, the value of the stolen property resulting from the thefts in each judicial circuit may be aggregated, and the Office of the Statewide Prosecutor must prosecute the person under Section 16.56, F.S.
Under Section 812.015(2), F.S., the retail theft statute also requires a fine of not less than $50 and no more than $1,000 for a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency.
Classifications of Retail Theft Crimes in Florida
Florida law prohibits various types of theft crimes, including:
- 8120F – 812.015(1) – RETAIL THEFT (with no prior convictions)
- 8120F1 – 812.015(1)(D) AND (2)- RETAIL THEFT (1 prior conviction).
- 8120F2 – 812.015(1)(D) AND (2) FELONY RETAIL THEFT (2 or more prior convictions)
- 8120F3 – 812.015(1)(D) AND (8) – AGGRAVATED GRAND RETAIL THEFT (with no prior convictions)
- 8120F4 – 812.015(1)(D) – AGGRAVATED GRAND RETAIL THEFT (prior conviction)
- 8120F6 – 812.015(9)(B) – SECOND DEGREE FELONY RETAIL THEFT.
The penalties for retail theft depend on the value of the stolen property and the number and timing of prior convictions.
Other Provisions of Florida’s Retail Theft Statute
Other than prohibiting retail theft, Section 812.015 also does the following:
- punishes possession or use of any anti-shoplifting or inventory control device countermeasure under Section 812.015(7), F.S.;
- permits an arrest without a warrant in specified circumstances under Section 812.015(4), F.S.;
- allows a merchant to take an offender into custody and detain the offender when there is probable cause under Section 812.015(3), F.S.;
- authorizes a law enforcement officer and others to recover property in specified circumstances under Section 812.015(6), F.S.;
- sets a schedule for fines for a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency under Section 812.015(2), F.S.;
- creates a liability shield for taking a person into custody or arresting a person under requirements of the statute under Section 812.015(5), F.S.; and
- requires the Office of Program Policy Analysis and Government Accountability to perform a study every five years to determine the appropriateness of the monetary threshold amounts included in the statute under Section 812.015(11), F.S.
This article was last updated on Thursday, May 24, 2023.
