New Law in Florida Increased the Theft Threshold Amount

Effective on October 1, 2019, a new law in Florida passed under 2019 CS/HB 7125 increases the threshold amounts for the following theft offenses:

	Offense			Current Threshold			New Threshold
	First-degree petit theft			≥ $100, but < $300			≥ $100, but < $750
Third-degree grand theft			≥ $300, but < $20,000			≥ $750, but < $20,000
	Third-degree grand theft of property from a dwelling or its enclosed curtilage			≥ $100, but < $300			≥ $100, but < $750

This means that effective on October 1, 2019, 2019 CS/HB 7125 increased the threshold amount for third-degree felony theft and retail theft from $300 or more to $750 or more.

Critics of raising the threshold amounts argued that the change would incentivize offenders to steal items of greater value, although studies in other states to make this change did not have that problem.

For example, a study of 23 states that changed felony theft thresholds between 2001 and 2011 revealed:

• increasing the felony theft threshold had no impact on the states' overall property crime or larceny rates;
• the states that increased the thresholds reported roughly the same average decrease in crime as the 27 states that did not; and
• the amount of a state's felony theft threshold did not correlate with the state's property crime and larceny rates.

See Lauren Krisai, Stuck in the 80s: Time for Reform of Florida's Felony Theft Threshold, The Journal of the James Madison Institute (Spring 2017).

Changes to the Way the Amounts in Theft Crimes are Aggregated

The new legislation also increases the period for which the value of the property taken during multiple thefts may be aggregated to determine the offense level from 48 hours to 30 days.

This new crime has a 30-day aggregation period under which any property taken or placed within such period can be aggregated to determine the offense level of the crime.

For example, for the second-degree felony version of retail theft, a 30 day aggregation period applies to determine whether the value of the property taken over a series of retail thefts exceeds $3,000.

Conspiring to Commit Retail Theft with the Intent to Sell Stolen Property

The new legislation in Florida makes it a crime to conspire to commit retail theft with the intent to sell the stolen property for monetary gain when the person who commits the theft subsequently places the stolen property in the control of another person in exchange for consideration.

The new crime of conspiring to commit retail theft to subsequently place the stolen property in the control of another person also qualifies as a second-degree felony if the value of the property taken, aggregated over 30 days, exceeds $3,000.

Changes for Other Types of Theft Crimes in Florida

Florida new theft law that takes effect on October 1, 2019, also increases the threshold amounts for other theft offenses including:

• Theft of State Funds 
• Second Degree Misdemeanor was < $300 now < $1,000 
• Third Degree Felony was ≥ $300 now ≥ $1,000 
• Obtaining Food or Lodging with Intent to Defraud 
• Second Degree Misdemeanor was < $300 now < $1,000 
• Third Degree Felony was ≥ $300 now ≥ $1,000 
• Removal of Property Upon Which a Lien Has Accrued 
• Second Degree Misdemeanor was ≤ $50 now < $1,000 
• Third Degree Felony was > $50 now ≥ $1,000 
• Sale of Used Motor Vehicle Goods as New 
• First Degree Misdemeanor was None now < $1,000 
• Third Degree Felony was > $100 now ≥ $1,000

Special Rules for Theft of a Fire Extinguisher

Under the new legislation, theft of a fire extinguisher qualifies as a third-degree felony regardless of the actual value of the item, but only when the fire extinguisher is actually installed in a building for the purpose of fire prevention or control at the time of the taking.

The new legislation specifically excludes the theft of a fire extinguisher from the inventory at a point-of-sale business as a third-degree felony, but the theft offense level will be determined by the actual value of the property.

Attorneys for Theft Crimes in Florida

The criminal defense attorneys at Sammis Law Firm represent clients accused of theft crimes throughout Tampa, Hillsborough County, and the greater Tampa Bay area. Our main office is located in downtown Tampa, FL, just a few blocks from the courthouse.

We also have a second office located in New Port Richey in Pasco County, across from the courthouse at the West Pasco Judicial Center.

Our criminal defense attorneys are experienced fighting a variety of theft crimes including petit theft, grand theft, and retail theft.

Call 813-250-0500.

Proposed Changes to Florida’s Theft Laws - 2018 HB 713

Approximately 7,000 people in Florida prisons are incarcerated for theft crimes. Our of those inmates, 603 are incarcerated for petit theft enhanced due to two or more prior theft convictions; 53 are incarcerated for retail theft of $300 or more; and 1,136 are incarcerated for grand theft of $300 or more but less than $5,000.

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.

The purposed legislation to change Florida’s theft laws would also deletes several items from the list of property. For items on this list, if they are stolen, Florida law currently makes the crime a third degree grand theft which is punishable as a third degree felony. The proposed legislation also amends the enhancements of the theft and retail theft statutes.

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.

A person commits retail theft (often called “shoplifting”) when he or she does any of the following with the intent to deprive a merchant of possession, use, benefit, or full retail value of 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.

Section 812.014, F.S., defines and categorizes thefts into misdemeanor or felony criminal violations.

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.

     For Petit Theft Offenses

• ≥ $100, but less than $300 - First Degree Misdemeanor;
• less than $100 - Second Degree Misdemeanor

Additionally, s. 812.014, F.S., increases the severity of a petit theft offense if a person has one or more prior convictions. Specifically:

• 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.

Withdraw Plea for Petit Theft in Clearwater, Pinellas County

Criminal Defense Attorney for Clearwater, FL

Tampa Criminal Defense Attorneys discuss recent case results in a petit theft or shoplifting case decided in Tampa, Hillsborough County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

Client Allowed to Withdraw Plea

Our client was arrested for misdemeanor shoplifting or petit theft in Pinellas County, FL, at a Bealls Department Store. The client had never been arrested before and was totally unfamiliar with the criminal justice system. Instead of bonding out of jail, she entered a guilty plea at first appearance court within a few hours of her arrest.

Mistake to Plead Guilty to Petit Theft

At the time our client entered the plea she did not have an opportunity to speak with an attorney. She did not understand that she was potentially eligible for a petit theft diversion program in Clearwater, Pinellas County. She did not understand that the plea would mean she was convicted of a "crime of dishonesty" which would show up on any background check anytime she applied for a job.

Because she entered the plea to petit theft without first talking with an attorney, on May 27, 2009, the court in Clearwater, FL, accepted the plea to petit theft, adjudicated the client guilty of the misdemeanor crime, and ordered her to pay a fine and court costs.

Undo the Damage

After the case was resolved, the client realized the serious consequences of the plea. She contacted our office to find out if there was anyway to undo the damage. After she retained the firm we immediately filed a Motion to Withdraw the Plea under Florida Rule of Criminal Procedure 3.170(l), which allows the Court to permit a plea or guilty or "no contest" to be withdrawn after sentencing upon a showing of a manifest necessity. The motion to withdraw the plea must be filed within 30 days after the sentencing, and heard by the trial court within 60 days after sentencing.

Motion to Vacate Petit Theft Conviction Granted

Our Motion to Withdraw the Plea was granted on June 24, 2009, when the Court in Clearwater, Pinellas County, FL, agreed that a "manifest injustice" has resulted from the plea since our client entered the plea to petit theft without an attorney and without a clear understanding of the consequences of the plea.

Petit Theft Charges Will Be Dropped

After the conviction for petit theft was vacated, the attorneys at the Sammis Law Firm were able to convince the prosecutor to allow the client to enter a petit theft diversion program for a period of six months which required that she pay fees for $130.00, and take a shoplifting awareness course. The benefit of entering the diversion program is that the charges will be completely dropped.

Criminal Record Can Be Sealed

After completing the diversion program, when the charges are completely dropped, the client will be eligible to seal her criminal record so that no one could find out about the arrest and prosecution.

After a criminal record is sealed, the mug shot and other embarassing details about the case will not show up on the clerk of court website or the Pinellas County Sheriff's Office Website.

---

Information Upon Request Zone

Don't Make a Mistake and Face the Judge Alone

If you have been charged with shoplifting or petit theft in Clearwater or Pinellas County, FL, contact a criminal defense attorney at the Sammis Law Firm to discuss your options for best dealing with the case. Call us at 813-250-0500 to discuss the details of the case and come up with a plan to quickly help you put the matter behind you for good.

---

Read More About Our Results in Other Florida Shoplifting Cases

Tampa Attorney Discusses Shoplifting Case in Hillsborough County, FL.

Case Result in Hillsborough County Petit Theft or Shoplifting Case at Sears

Defenses to Shoplifting in Florida

Tampa Criminal Defense Attorneys discuss recent case results in a shoplifting case decided in Tampa, Hillsborough County, FL.

Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:

• Past successes do not guarantee future results.
• The facts and circumstances of your case may differ from the cases discussed in our recent case results.
• Not all results are provided.
• The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.

I do not agree.

Petit Theft or Shoplifting Charge in Tampa, Florida, Dropped Prior to Trial (Client was not required to enter a diversion program).

On June 2, 2009, the State Attorney's Office in Hillsborough County filed a "Notice of Nolle Prosequi" in a case pending before Judge James Dominquez. The prosecutor dropped all charges against a Tampa woman accused of shoplifting. The Tampa woman was accused of stealing three necklaces and a purse from the Sears department store at Citrus Park Town Center Mall, in Tampa.

Our client's defense centered around the fact that she had been diagnosed with diabetes mellitus and hypertension which caused memory loss and the early stages of dementia. Although the Tampa woman was able to function in certain areas of her life, she would often become confused. She was accused of simply picking out the items and walking out of the store without any attempt to pay for the items. It also appeared that the woman had not made any attempt to conceal the items, which you would expect if the taking had been intentional. Although her family was close by when the incident occurred, they did not realize that she had taken the items until it was too late.

The loss prevention officers at the Sears Department Store in Tampa, Hillsborough County, FL, believed that she was shoplifting and that she was guilty of petit theft. The loss prevention officers, however, did not have access to her medical records. The loss prevention officers did not take the time to listen to the woman's family members who tried to explain that she had not taken the items intentionally because she was suffering from dementia. Likewise, when the arresting officer arrived he did not take the time to talk with the woman's family about her medical history and dementia.

It is possible for an innocent person to be arrested for leaving a store without paying for an item. If the taking was not intentional, then you may have a legal defense to the charge of petit theft or shoplifting. If you or a loved one was arrested for petit theft or shoplifting after leaving a store without paying for the merchandise, contact an experienced criminal defense attorney in Tampa, Hillsborough County, FL, that can discuss with you possible defenses to the charge of petit theft or shoplifting. Call 813-250-0500 to discuss your case today with an experienced petit theft or shoplifting lawyer in Tampa, Hillsborough County, FL.

---

Read More About Fighting a Petit Theft or Shoplifting Case:

Clearwater Petit Theft Attorney Wins Motion to Vacate a Conviction - Read more about a woman arrested in Clearwater, FL, for petit theft who enters a plea and is convicted of this "crime of dishonesty" before she talks with an attorney. After realizing the serious consequences of the theft conviction, the woman hires a petit theft or shoplifting attorney for Pinellas County to help her undo the damage of the conviction.

---

Information Upon Request Zone

If you have been charged with petit theft, retail theft, or shoplifting in Tampa, Hillsborough County, FL, contact an experienced criminal defense lawyer at the Sammis Law Firm to discuss possible ways to resolve your case. Call 813-250-0500 today.