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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLVI. CRIMES |
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CHAPTER 812. THEFT, ROBBERY, AND RELATED CRIMES |
- 1(1) 2A 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:32(a) 33Deprive the other person of a right to the property or a benefit from the property.49(b) 50Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.74(2)(a)1. 75If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or992. 100If 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; or1333. 134If the offender commits any grand theft and:142a. 143In 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; or181b. 182In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,
206the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 227775.082, 228s. 229775.083, 230or s. 232775.084233.
234(b)1. 235If the property stolen is valued at $20,000 or more, but less than $100,000;2512. 252The 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;2833. 284The 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; or3174. 318The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 342316.003,343the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 364775.082, 365s. 366775.083, 367or s. 369775.084370. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 390395.002(9) 391or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 415943.10 416in 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. 484775.082, 485s. 486775.083, 487or s. 489775.084490. 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. 555921.0022 556or s. 558921.0023 559of the offense committed.
563(c) 564It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 584775.082, 585s. 586775.083, 587or s. 589775.084, 590if the property stolen is:5951. 596Valued at $750 or more, but less than $5,000.6062. 607Valued at $5,000 or more, but less than $10,000.6183. 619Valued at $10,000 or more, but less than $20,000.6304. 631A will, codicil, or other testamentary instrument.6385. 639A firearm.6416. 642A motor vehicle, except as provided in paragraph (a).6517. 652Any 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.7358. 736Any fire extinguisher that, at the time of the taking, was installed in any building for the purpose of fire prevention and control. This subparagraph does not apply to a fire extinguisher taken from the inventory at a point-of-sale business.7769. 777Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.79210. 793Taken from a designated construction site identified by the posting of a sign as provided for in s. 811810.09(2)(d)812.81311. 814Any stop sign.81712. 818Anhydrous ammonia.82013. 821Any amount of a controlled substance as defined in s. 831893.02832. 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. 861893.13 862or trafficking in controlled substance offense under s. 870893.135 871may be imposed when all such offenses involve the same amount or amounts of a controlled substance.888However, 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. 951775.082, 952s. 953775.083, 954or s. 956775.084, 957if 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. 1063921.0022 1064or s. 1066921.0023 1067of the offense committed.
1071(d) 1072It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 1092775.082, 1093s. 1094775.083, 1095or s. 1097775.084, 1098if the property stolen is valued at $100 or more, but less than $750, and is taken from a dwelling as defined in s. 1122810.011(2) 1123or from the unenclosed curtilage of a dwelling pursuant to s. 1134810.09(1)1135.1136(e) 1137Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $750, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 1178775.082 1179or s. 1181775.0831182.1183(3)(a) 1184Theft 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. 1212775.082 1213or s. 1215775.083, 1216and as provided in subsection (5), as applicable.1224(b) 1225A 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. 1252775.082 1253or s. 1255775.0831256.1257(c) 1258A 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. 1289775.082 1290or s. 1292775.0831293.1294(d)1. 1295A judgment of guilty or not guilty of a petit theft shall be in:1309a. 1310A written record that is signed by the judge and recorded by the clerk of the circuit court; or1329b. 1330An electronic record that contains the judge’s electronic signature as defined in s. 1343933.40 1344and is recorded by the clerk of the circuit court.13542. 1355At the time a defendant is found guilty of petit theft, the judge shall cause the following to occur in open court and in the judge’s presence:1382a. 1383For a written judgment of guilty, the fingerprints of the defendant against whom such judgment is rendered shall be manually taken and affixed beneath the judge’s signature on the judgment. Beneath such fingerprints shall be appended a certificate to the following effect:1425“I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, , 1443and that they were placed thereon by said defendant in my presence, in open court, this the 1460day of , 1462(year) 1463.”
1464Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.”
1482b. 1483For an electronic judgment of guilty, the fingerprints of the defendant must be electronically captured and a certificate must be issued as provided in s. 1508921.241(3)(b)1509.15103. 1511A written or an electronic judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the courts of this state as provided in s. 1542921.241(4)1543.1544(4) 1545Failure 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.1657(5)(a) 1658No 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.1707(b) 1708In 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. 1762322.251763.17641. 1765The first suspension of a driver license under this subsection shall be for a period of up to 6 months.17852. 1786The second or subsequent suspension of a driver license under this subsection shall be for a period of 1 year.1806(6) 1807A 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. 1858775.082, 1859s. 1860775.083, 1861or s. 1863775.0841864.1865(7) 1866The Office of Program Policy Analysis and Government Accountability (OPPAGA) shall perform a study every 5 years to determine the appropriateness of the threshold amounts included in this section. The study’s scope must include, but need not be limited to, the crime trends related to theft offenses, the theft threshold amounts of other states in effect at the time of the study, the fiscal impact of any modifications to this state’s threshold amounts, and the effect on economic factors, such as inflation. The study must include options for amending the threshold amounts if the study finds that such amounts are inconsistent with current trends. In conducting the study, OPPAGA shall consult with the Office of Economic and Demographic Research in addition to other interested entities. OPPAGA shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by September 1 of every 5th year.
