Petit Theft/Retail Theft
Grand Theft/Grand Theft Auto
Robbery
Other Theft Crimes
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, bovine, or swine class, or other grazing animal, and
including aquaculture species raised at a certified aquaculture
facility. If the property stolen is aquaculture species raised at a
certified aquaculture facility, then 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.
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's license. The court shall forward the driver's
license to the Department of Highway Safety and Motor Vehicles in
accordance with s. 322.25.
1. The first suspension of a driver's license under this subsection
shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver's 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.
The material on this page is not intended to be legal advice. Florida law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult a Florida criminal defense lawyer about your legal rights and responsibilities regarding your particular case.
Consult With an Experienced Orlando Criminal Defense Lawyer
If you have been arrested and charged with petit theft, grand
theft, robbery or any other theft related offense contact Orlando
criminal defense lawyer Will Corzo or
Sam Kohrs. Call toll free
877-99CK-LAW
for a free consultation and explanation of your rights.