Theft in Florida: Petit Theft, Grand Theft, and How Value Changes the Charge

How Florida defines theft

Under section 812.014, Florida Statutes, a person commits theft if they knowingly obtain or use, or endeavor to obtain or use, the property of another with intent to deprive the other person of a right to the property or a benefit from it, or to appropriate it to their own use or to the use of someone not entitled to it. The intent can be to do so temporarily or permanently.

Trying to take property is covered by the offense itself, because it includes anyone who “endeavors” to obtain it. Section 812.012 defines “obtains or uses” broadly, to cover taking or exercising control over property, making unauthorized use of it, and obtaining it by fraud or a false promise.

Petit theft and grand theft by value

Value of the property	Offense	Level	General maximum
Less than $100	Petit theft of the second degree	Second-degree misdemeanor	60 days in jail, $500 fine
$100 or more, but less than $750	Petit theft of the first degree	First-degree misdemeanor	1 year in jail, $1,000 fine
$750 or more, but less than $20,000	Grand theft of the third degree	Third-degree felony	5 years in prison, $5,000 fine
$20,000 or more, but less than $100,000	Grand theft of the second degree	Second-degree felony	15 years in prison, $10,000 fine
$100,000 or more	Grand theft of the first degree	First-degree felony	30 years in prison, $10,000 fine

The maximums come from sections 775.082 and 775.083 and are not predictions. Section 775.083 also allows a fine of up to double the offender’s gain or the victim’s loss, and section 775.089, Florida Statutes, requires the court to order restitution to the victim unless it finds clear and compelling reasons not to. The same thresholds are in our summary of section 812.014 and the offense level reference.

How value is measured

Section 812.012 defines value as the market value of the property at the time and place of the offense. If that cannot be satisfactorily determined, value is the cost of replacing the property within a reasonable time. If no minimum value can be established, the value is treated as less than $100. Amounts taken in separate thefts that are part of one scheme or course of conduct may be added together to set the level of the offense, whether there was one victim or several.

When something other than value decides the level

The type of property

In most cases, theft of the following is grand theft of the third degree, a third-degree felony, whatever the value: a firearm; a motor vehicle; a will or other testamentary instrument; a commercially farmed animal; a fire extinguisher installed in a building; 2,000 or more pieces of citrus fruit; property taken from a posted construction site; a stop sign; anhydrous ammonia; and any amount of a controlled substance.

Theft from a dwelling

Property worth $40 or more, but less than $750, that is taken from a dwelling or its unenclosed curtilage (broadly, the unenclosed area immediately around a home) is a third-degree felony. If the property is worth less than $40, the offense is first-degree petit theft.

Prior theft convictions

• A person who commits petit theft and has one prior conviction for any theft commits a first-degree misdemeanor.
• A person who commits petit theft and has two or more prior convictions for any theft commits a third-degree felony.

Retail theft

Section 812.015, Florida Statutes, adds felony levels for organized and repeated retail theft. For example, it is a third-degree felony to commit retail theft worth $750 or more in certain listed ways, such as coordinating with others or stealing from more than one location, with amounts taken within a 120-day period added together. Read the section for the full list.

Other consequences

• A civil demand. Under section 772.11, Florida Statutes, the owner of the property can send a written demand for $200 or three times the actual loss before filing a civil suit. Payment within 30 days releases the person from further civil liability for that act. This is a civil matter. It does not decide whether a criminal charge is filed or how it ends.
• Driver license. Driving away from a gas station without paying leads to a license suspension of up to six months, or one year for a second or later suspension (section 812.014(5)).
• The record. A person who is adjudicated guilty of theft, including petit theft, generally cannot have a record sealed or expunged by court order. See sealing or expunging a Florida criminal record.

What happens next

1. How the case starts. Petit theft is a misdemeanor, so an officer may issue a notice to appear in court instead of making an arrest (Florida Rule of Criminal Procedure 3.125). A person who is arrested and not released sees a judge within 24 hours. See what happens at first appearance in Florida.
2. The charge and the court. The State Attorney decides what level to charge, which depends on the value the evidence can establish. Petit theft is heard in county court and grand theft in circuit court. See misdemeanors in Florida and felony charges in Florida.
3. Diversion. Section 948.08, Florida Statutes, allows pretrial intervention for a first offender, or a person with no more than one prior nonviolent misdemeanor conviction, who is charged with a misdemeanor or a third-degree felony. It requires the consent of the victim, the State Attorney, and the judge.

Common questions

How much theft is a felony in Florida?

$750 in most cases. The amount is lower, or does not matter, in the situations described above: property worth $40 or more taken from a dwelling, certain types of property, and petit theft by a person with two or more prior theft convictions.

Is shoplifting petit theft or grand theft?

It depends on the value. Taking merchandise from a store is theft under section 812.014 and is classified by the same thresholds. Section 812.015 defines “retail theft” and adds higher levels for organized or repeated conduct.

If the property is returned or paid for, is the case over?

Not automatically. The statute covers depriving an owner of property even temporarily, and the decision to continue a case belongs to the State Attorney. Repayment is relevant to restitution, but it does not by law end the charge.

Can a theft charge be sealed or expunged?

Theft is not on the list of offenses excluded by section 943.0584, so the general rules apply. The main one is that a person who has been adjudicated guilty of a crime in Florida does not qualify.

When to speak with an attorney

The level of a theft charge depends on value, on how that value is measured, on where the property was taken from, and on any prior theft convictions, and those details can separate a misdemeanor from a felony. A licensed Florida attorney can explain what the State would have to prove. A person who cannot afford a lawyer can ask the court to appoint the public defender. The attorney consultation checklist can help you prepare, and more guides and statute summaries are on the Theft & Property Crimes topic page.