812.014 Theft.— (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. (2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or 2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or 3. If the offender commits any grand theft and: a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000, the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084. (b)1. If the property stolen is valued at $20,000 or more, but less than $100,000; 2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; 3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or 4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003, the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(9) or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 943.10 in the officer’s official business. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. (c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is: 1. Valued at $300 or more, but less than $5,000. 2. Valued at $5,000 or more, but less than $10,000. 3. Valued at $10,000 or more, but less than $20,000. 4. A will, codicil, or other testamentary instrument. 5. A firearm. 6. A motor vehicle, except as provided in paragraph (a). 7. Any commercially farmed animal, including any animal of the equine, avian, bovine, or swine class or other grazing animal; a bee colony of a registered beekeeper; and aquaculture species raised at a certified aquaculture facility. If the property stolen is a commercially farmed animal, including an animal of the equine, avian, bovine, or swine class or other grazing animal; a bee colony of a registered beekeeper; or an aquaculture species raised at a certified aquaculture facility, a $10,000 fine shall be imposed. 8. Any fire extinguisher. 9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit. 10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d). 11. Any stop sign. 12. Anhydrous ammonia. 13. Any amount of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for theft of a controlled substance under this subparagraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. (d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1). (e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083. (3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as applicable. (b) A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (d)1. Every judgment of guilty or not guilty of a petit theft shall be in writing, signed by the judge, and recorded by the clerk of the circuit court. The judge shall cause to be affixed to every such written judgment of guilty of petit theft, in open court and in the presence of such judge, the fingerprints of the defendant against whom such judgment is rendered. Such fingerprints shall be affixed beneath the judge’s signature to such judgment. Beneath such fingerprints shall be appended a certificate to the following effect: “I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, , and that they were placed thereon by said defendant in my presence, in open court, this the day of , (year).” Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.” 2. Any such written judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the courts of this state as prima facie evidence that the fingerprints appearing thereon and certified by the judge are the fingerprints of the defendant against whom such judgment of guilty of a petit theft was rendered. (4) Failure to comply with the terms of a lease when the lease is for a term of 1 year or longer shall not constitute a violation of this section unless demand for the return of the property leased has been made in writing and the lessee has failed to return the property within 7 days of his or her receipt of the demand for return of the property. A demand mailed by certified or registered mail, evidenced by return receipt, to the last known address of the lessee shall be deemed sufficient and equivalent to the demand having been received by the lessee, whether such demand shall be returned undelivered or not. (5)(a) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which gasoline offered for retail sale was dispensed into the fuel tank of such motor vehicle unless the payment of authorized charge for the gasoline dispensed has been made. (b) In addition to the penalties prescribed in paragraph (3)(a), every judgment of guilty of a petit theft for property described in this subsection shall provide for the suspension of the convicted person’s driver license. The court shall forward the driver license to the Department of Highway Safety and Motor Vehicles in accordance with s. 322.25. 1. The first suspension of a driver license under this subsection shall be for a period of up to 6 months. 2. The second or subsequent suspension of a driver license under this subsection shall be for a period of 1 year. (6) A person who individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing theft under this section where the stolen property has a value in excess of $3,000 commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 77-342; s. 1, ch. 78-348; s. 1, ch. 79-124; s. 1, ch. 80-389; s. 1, ch. 82-164; s. 1, ch. 86-161; s. 1, ch. 87-376; s. 1, ch. 88-312; s. 8, ch. 90-92; s. 1, ch. 92-79; s. 9, ch. 95-184; s. 30, ch. 96-247; s. 3, ch. 96-260; s. 49, ch. 96-388; s. 1819, ch. 97-102; s. 102, ch. 99-3; s. 36, ch. 99-6; ss. 67, 79, ch. 99-248; s. 2, ch. 2001-115; s. 1, ch. 2003-15; s. 2, ch. 2004-341; s. 1, ch. 2006-51; s. 2, ch. 2007-115; s. 1, ch. 2007-177; s. 206, ch. 2007-230; s. 22, ch. 2011-141; s. 62, ch. 2011-206; s. 41, ch. 2016-105; s. 29, ch. 2016-145; s. 1, ch. 2018-49.
FAQs
What is Section 812.014 of the Florida statutes? ›
Under Section 812.014(1), Florida Statutes, a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with the appropriate criminal intent.
What is Florida statute 812.014 2 )( C )( 1? ›Under Florida Statute 812.014(2)(c), the crime of Grand Theft is committed when a person unlawfully takes another person's property that is worth $750 or more.
Is stealing $500 a felony in Florida? ›Shoplifting Offenses in Florida
Shoplifting is often charged as a "petit theft offense in Florida," as long as the value of the property taken does not exceed $300.00. If the value of the property stolen exceeds $300.00, then the criminal case will be charged as a felony.
If the property stolen is a motor vehicle, then the crime is charged as “grand theft auto” under Section 812.014(2)(c)6., F.S., as a third degree felony, regardless of the value of the automobile stolen.
Can petty theft charges be dropped in Florida? ›Yes, in some cases, petty theft charges can be dropped. Defendants can complete a pretrial diversion program, take a plea bargain that reduces the charges, or present prosecutors with exculpatory evidence. All of these strategies often require the legal advice and representation of a theft attorney.
What is the minimum sentence for grand theft in Florida? ›First-degree Grand Theft is a first-degree felony in Florida, which qualifies as a Level 7 offense under Florida's Criminal Punishment Code. If a person is convicted of first-degree Grand Theft, a judge can impose the following penalties: A minimum of 21 months in jail; Probation for 30 years; and.
What is Section 812.022 of the Florida statutes? ›812.022 Evidence of theft or dealing in stolen property.--
(2) Proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.
(2) Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, steals or embezzles an article representing a trade secret or without authority makes or causes to be made a copy ...
How many points is grand theft in Florida? ›Grand theft as a third-degree felony is a level 2 offense, and, under the scoresheet preparation manual's sentencing guidelines is assigned 10 points under Florida statute 812.014(2)(c)1.
What dollar amount is a felony in Florida? ›Under Florida law, Grand Theft is any intentional and unlawful taking of property valued at $750.00 or more. Grand theft is a felony offense, with penalties that may include prison, probation, fines, restitution, and a permanent criminal record.
Can you be charged with theft if the item is returned? ›
Unfortunately, returning a stolen item does not cancel out the intent to steal. While returning an item or asset shows remorse, you still stole the item to begin with which means you intended to break the law and proceeded to do so and keep the stolen item until you felt remorse.
What dollar amount is considered felony theft in Florida? ›In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000, the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s.
Can you expunge grand theft Florida? ›The answer is yes as long as meet the statutory criteria for sealing or expunging. Grand theft and petit or petty theft charges are among the most common offenses sealed and expunged in Florida.
Is 3rd degree grand theft a felony in Florida? ›Grand Theft of the Third Degree in Florida is classified as a third-degree felony with a maximum statutory penalty of up to five (5) years in prison or five (5) years on probation and/or a fine of $5,000.00.
What is the punishment for grand larceny in Florida? ›Florida law classifies Grand Theft as any intentional and unlawful property theft valued at $750.00 or more. In Florida, Grand theft is a felony offense. Therefore, the penalties for the crime may include fines, restitution, prison, probation, and a permanent criminal record.
How long does petty theft stay on your record in Florida? ›Even though there are some issues with your credit report that might go away after seven years, this is not the case with a criminal record. If you have been convicted of a misdemeanor in the State of Florida, it is going to stay on your record forever unless you are able to have the conviction overturned.
How much is bail for petty theft in Florida? ›Petit Theft bail bonds are usually set at $1000 in Florida and you would be able to bail out with 10%($100).
What are defenses to petit theft in Florida? ›Defenses to Petit Theft
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Petit Theft are: Equal Ownership. Good Faith Possession. Mere Presence.
The bail set by the fifth judicial circuit court bond schedule lists a charge of grand theft as $2,000. Petit theft is listed as a $1,000 bail. The punishment for theft depends on the degree of the theft charge.
What is the longest sentence for theft? ›What is the maximum sentence for theft? The maximum sentence for theft is seven years' custody. Find out more about the different types of sentence the courts can impose.
How many points is a 3rd degree felony in Florida? ›
Level 3 = 16 Points: Felonies of the third-degree. Some examples include: Felony DUI, 3rd conviction. Fleeing or attempting to elude law enforcement officer in patrol vehicle.
How do I prove adverse possession in Florida? ›- (a) The name and address of the person claiming adverse possession.
- (b) The date that the person claiming adverse possession entered into possession of the property.
- (c) A full and complete legal description of the property that is subject to the adverse possession claim.
CIVIL PRACTICE AND PROCEDURE. Chapter 82. FORCIBLE ENTRY AND UNLAWFUL DETAINER.
What is Florida moral turpitude? ›Moral turpitude involves the idea of inherent baseness or depravity in the private social relations or duties owed by man to man or by man to society. . . .
How much jail time is embezzlement in Florida? ›In Florida, a conviction for embezzlement can produce a sentence as diminutive as a second degree misdemeanor to a sentence for a first degree felony which can carry a prison term of up to thirty years and a fine of up to $10,000 or both, depending on the value of the property or cash asset stolen.
How long before a debt is uncollectible in Florida? ›Statute of Limitations in Florida for Debt
The statute of limitations for debt in Florida is five years. A creditor has five years to sue you for the money you owe. Most debts are based on written agreements and the statute of limitations period for contract actions is five years.
The charge can rise to a higher degree felony (e.g., second degree felony) depending on the value of the stolen property. The statute of limitations is the same 5 year period as for other theft and robbery charges.
What are the points to prove stealing? ›A thing capable of being stolen must have ownership8 or possession, value, and it must be a movable property. The movable property capable of being stolen must be in existence.
How much of your sentence do you serve in Florida? ›vi. For crimes committed on or after October 1, 1995, inmates are required to serve 85% of each sentence imposed. Satisfaction of 85% includes time served in the county jail as credited by the sentencing court.
What is the sentence for theft? ›A District Court (lower part of the Magistrate's Court) deals with less serious offences, such as theft and assault, and is limited to the following sentences: imprisonment, not longer than three years; or. a fine, not more than R120 000.
Does felony mean jail time in Florida? ›
In Florida, a felony is a more serious crime that can be punishable by death or incarceration in state prison. The state of Florida has five degrees of felonies that are: Capital felony: A conviction of a capital felony means that the individual can face life imprisonment or death.
Is jail time mandatory for a felony in Florida? ›Once these 5 criteria are satisfied, a judge is required to impose the minimum mandatory term of imprisonment specified by Florida law as follows: Life felony = Life imprisonment. First-degree felony = 30-year prison term. Second-degree felony = 15-year prison term.
Does a felony ever go away in Florida? ›Felony convictions remain on your record for the rest of your life and cannot be removed through the expungement process. The only way to have a felony conviction removed from your record is through a pardon from the president or governor.
How do you defend a theft case? ›One common and effective defence to a theft charge is to argue that you did not have the mental intention required to be found guilty of this offence. That is, while you may have taken the goods in question, it is also possible that you did not have the fraudulent intent required to be guilty of theft.
Is it theft if someone borrows something and doesn t return it? ›A criminal charge of theft (or larceny) generally requires the specific intent to permanently deprive another individual of his or her property. If you legitimately forgot to return a borrowed item to its rightful owner, then you lacked specific intent to steal the item.
Should I return an item I stole? ›If you return an item that you have stolen, you have a greater chance of a lighter sentence. The court will likely take your act of remorse into account and charge you accordingly. If you simply keep the item, the court will likely stick you with more strict theft punishments.
How long can you go to jail for stealing money? ›Grand theft is punishable by up to a year in jail or prison, and may be charged (depending upon the circumstances) as a misdemeanor or felony, while petty theft is a misdemeanor punishable by a fine or imprisonment not exceeding six months in jail or both.
How much shoplifting is a felony in Florida? ›Felony shoplifting charges may be assigned when the value of the merchandise is $400 or more. However, it becomes a second-degree felony when the value is $3,000 or greater. With a second-degree felony charge, there are no allowances given to first time offenders. Prison time could be as long as 15 years.
What are the consequences for stealing? ›If you are found guilty of a theft crime, the conviction could result in many consequences, including fines, incarceration, probation, and a criminal record. Furthermore, a criminal record could have serious repercussions that affect the rest of your life.
What crimes Cannot be expunged in Florida? ›- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult.
- Aircraft piracy.
- Kidnapping.
What Cannot be expunged in Florida? ›
Persons who have been convicted (adjudicated guilty) of a felony are not eligible for an expungement or sealing of their criminal history record under Sections 943.0585 or 943.059, F.S., regardless of whether their civil rights have been restored.
Does a misdemeanor show up on a background check after 7 years Florida? ›A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.
What is 812.014 Florida State statute? ›Under Section 812.014(1), Florida Statutes, a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with the appropriate criminal intent.
Can a 3rd degree felony be sealed in Florida? ›Felony convictions are extremely serious, and in Florida, you cannot expunge a felony conviction from your criminal record. This means that unfortunately, it will always be there.
How much time does larceny carry in Florida? ›An individual may go to prison for up to 15 years and pay a fine of up to $10,000. Grand theft of the first degree would result in a first-degree felony.
What is the difference between grand theft and grand larceny? ›Grand larceny is a type of theft where the property of another person is taken, and it is moved to another location. The intent is to take ownership of that property without the owner's permission. Grand theft, on the other hand, refers to taking of property.
What are the levels of larceny in Florida? ›for property valued between $300 and $10,000, the crime is a felony in the third degree. for property valued between $10,000 and $50,000, the crime is a felony in the second degree, and. for property valued at $50,000 or more, the crime is a felony in the first degree.
What is Florida State Statute 812.014 2e? ›Under Florida Statute 812.014, Petit Theft is one of the most commonly prosecuted theft crimes and can be charged as Petit Theft under $100, which is deemed a second degree misdemeanor, or Petit Theft of items valued between $100-$300, which is deemed a first degree misdemeanor.
Can I buy a gun in Florida adjudication withheld? ›Does Adjudication Withheld Count as a Conviction? The simple answer is no, if someone received a withhold of adjudication they have not been convicted of the offense. As such, someone who receives a withhold of adjudication for a felony does not lose their right to vote or to possess a firearm.
What is the time limit for adverse possession in Florida? ›Every American jurisdiction has one or more statutes of limitations that fix the period of time beyond which the owner of land is unable to bring action, or undertake self-help, for the recovery of land from another person in its possession. In the state of Florida, this is seven (7) years.
What is the minimum sentence for grand theft auto? ›
If the client is convicted of felony grand theft auto, he or she faces a minimum of sixteen months and a maximum of three years in state prison, plus restitution similar to that facing one convicted of misdemeanor grand theft.
What dollar amount of theft is considered a felony in Florida? ›Under Florida law, Grand Theft is any intentional and unlawful taking of property valued at $750.00 or more. Grand theft is a felony offense, with penalties that may include prison, probation, fines, restitution, and a permanent criminal record.