Legislation pending in the Florida House of Representatives, 2018 HB 713, might lower those numbers in the future by amending 812.014, F.S. and s. 812.015, F.S. The proposed legislation would increase the minimum threshold values for property theft crimes effective on July 1, 2018.
If the bill becomes law, it would be the first time the threshold for grand theft has been raised in 32 years. Other than Florida, only four other states have monetary thresholds of $500 or less for grand theft. Across the country, at least 26 states have increased the monetary value threshold in the last 14 years. In fact, nine states have raised it twice between 2003 and 2015.
Although the Florida Retail Federation is opposed to the new legislation, the new legislation is supported by the Florida Public Defender Association and the Florida Families Against Mandatory Minimums.
Although some argue that raising the felony theft threshold might incentivize people to steal more, recent studies have show that states that have changed the thresholds didn't see any increase in the number of thefts being committed or the value of property being stolen.
Attorneys for Theft Crimes in Tampa, FL
The attorneys at Sammis Law Firm represent men and women charged with grand theft crimes throughout Tampa and Hillsborough County, FL. We pay attention to pending legislation that impacts criminal cases in Florida.
Call us to discuss any criminal investigation for shoplifting, grand theft, scheme to defraud, or other related crimes. We can help you understand the charges pending against you, the potential penalties and the best ways to fight the charges.
Call us for more information at 813-250-0500.
A New Classification Scheme for Theft Classifications
The new proposed theft legislation would make the following changes to the minimum threshold values:- Third degree felony grand theft from a dwelling or its unenclosed curtilage would be increased from $100 or more, but less than $300, to $1,500 or more, but less than $5,000;
- Third degree and felony retail theft would be increased from $300 or more to $1,500 or more;
- Third degree felony grand theft would be increased from $300 or more to $1,500 or more;
- First degree misdemeanor petit theft would be increased from $100 or more, but less than $300, to $500 or more, but less than $1,500; and
- Second degree misdemeanor petit theft would be increased from less than $100 to less than $500.
When the Criminal Justice Impact Conference (CJIC) considered a similar bill, SB 928, on January 8, 2018, it determined that the bill will reduce the need for prison beds by more than 25 beds. The biggest impact would be in the county jails throughout the State of Florida.
What is the Definition of Theft and Retail Theft in Florida?
A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently:- Deprive the other person of a right to the property or a benefit from the property; or
- Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
- Removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value;
- Transferring merchandise from one container to another;
- Altering or removing a label, universal product code, or price tag; and
- The taking possession of or carrying away of merchandise, property, money or negotiable documents.
How are Theft Crimes Currently Categorized in Florida?
Thefts are categorized as misdemeanors or felonies under s. 812.014, F.S. Whether a theft is a misdemeanor or a felony can depend on a variety of factors including the value of the property taken, the offender's history of prior theft convictions, and/or the type of property taken.Whether the theft accusation is charged as a felony or a misdemeanor depends, in part, on the value of the property allegedly taken:
- A second degree misdemeanor is punishable by up to 60 days in county jail and a $500 fine. SS. 775.082(4)(b) and 775.083(1)(e), F.S;
- A first degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine. SS. 775.082(4)(a) and 775.083(1)(d), F.S;
- A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. SS. 775.082(3)(e) and 775.083(1)(c), F.S.;
- A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. SS. 775.082(3)(d) and 775.083(1)(b), F.S.;
- A first degree felony is punishable by up to 30 years imprisonment and a $100,000 fine. SS. 775.082(3)(b)1 and 775.083(1)(b), F.S.
Enhanced Penalties for Prior Theft Convictions
Retail theft (often called “shoplifting”) is punishable as a third degree felony under s. 812.015, F.S. The crime of retail theft for property worth more than $300 can be enhanced to a second degree felony if the person accused of the crime has a prior retail theft conviction.A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently:
- Deprive the other person of a right to the property or a benefit from the property under S. 812.014(1)(a), F.S.; or
- Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property under S. 812.014(1)(b), F.S.
Whether a theft is a misdemeanor or a felony generally depends upon the value of the property taken by the offender, the offender's history of theft convictions or, in some cases, the type of property taken.
Offense levels for theft crimes based on property value thresholds are classified as follows:
For Grand Theft Offenses:
- ≥ $100,000 - First Degree Felony;
- ≥ $20,000, but less than $100,000 - Second Degree Felony;
- ≥ $10,000, but less than $20,000 - Third Degree Felony;
- ≥ $5,000, but less than $10,000 - Third Degree Felony;
- ≥ $300, but less than $5,000 - Third Degree Felony;
- ≥ $100, but less than $300 if taken from a dwelling or unenclosed curtilage of a dwelling - Third Degree Felony.
- ≥ $100, but less than $300 - First Degree Misdemeanor;
- less than $100 - Second Degree Misdemeanor
- A person who has previously been convicted of any theft, who commits petit theft, commits a first degree misdemeanor under S. 812.014(3)(b), F.S.;
- A person who has been previously convicted of theft two or more times, who commits a petit theft, commits a third degree felony under S. 812.014(3)(c), F.S.
Additional Resources
Bill would raise the monetary threshold for a felony charge - Visit the Florida Bar News to find an article published on February 1, 2018, about legislation pending in the Florida legislature to change the thresholds for theft crimes and make other amendments to the theft statutes in Florida.
Stuck in the 80s: Time for Reform of Florida's Felony Theft Threshold - Read an article by Lauren Krisai published in the The Journal of the James Madison Institute, Spring 2017.
