Florida criminal charge
Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties in Florida
Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 812.015. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 812.015.
What is the penalty for retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Resisting recovery of property/fare/trespass removal — An individual who, while committing or after committing theft, transit fare evasion, or trespass, resists the reasonable effort of a law enforcement officer, merchant, merchant's employee, farmer, or transit agency employee/agent to recover property, collect fare, or remove the individual, knowing or having reason to know the person's role.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Resisting recovery of property/fare/trespass removal — An individual who, while committing or after committing theft, transit fare evasion, or trespass, resists the reasonable effort of a law enforcement officer, merchant, merchant's employee, farmer, or transit agency employee/agent to recover property, collect fare, or remove the individual, knowing or having reason to know the person's role.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Possession of antishoplifting device countermeasure — A person possesses an antishoplifting or inventory control device countermeasure within premises used for retail purchase or sale of merchandise.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession of antishoplifting device countermeasure — A person possesses an antishoplifting or inventory control device countermeasure within premises used for retail purchase or sale of merchandise.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Use or attempted use of antishoplifting device countermeasure — A person uses or attempts to use an antishoplifting or inventory control device countermeasure within premises used for retail purchase or sale of merchandise.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Use or attempted use of antishoplifting device countermeasure — A person uses or attempts to use an antishoplifting or inventory control device countermeasure within premises used for retail purchase or sale of merchandise.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Organized/aggregated retail theft ($750 or more, various coordinated schemes) — A person commits retail theft under one of the coordinated, conspiratorial, multi-location, distraction, mislabeled package, or group-overwhelming schemes described in (8)(a)-(g), with aggregated value of $750 or more (except (8)(f) which depends on item count, not value threshold).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Organized/aggregated retail theft ($750 or more, various coordinated schemes) — A person commits retail theft under one of the coordinated, conspiratorial, multi-location, distraction, mislabeled package, or group-overwhelming schemes described in (8)(a)-(g), with aggregated value of $750 or more (except (8)(f) which depends on item count, not value threshold).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Organized/aggregated retail theft (value in excess of $3,000, various coordinated schemes) — A person commits retail theft under coordinated, conspiratorial, multi-location item-count, or social-media-solicited group schemes described in (9)(b)-(e), with aggregated value exceeding $3,000 (except (9)(d) which depends on item count).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Organized/aggregated retail theft (value in excess of $3,000, various coordinated schemes) — A person commits retail theft under coordinated, conspiratorial, multi-location item-count, or social-media-solicited group schemes described in (9)(b)-(e), with aggregated value exceeding $3,000 (except (9)(d) which depends on item count).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Resisting recovery of property/fare/trespass removal | Misdemeanor of the First Degree | An individual who, while committing or after committing theft, transit fare evasion, or trespass, resists the reasonable effort of a law enforcement officer, merchant, merchant's employee, farmer, or transit agency employee/agent to recover property, collect fare, or remove the individual, knowing or having reason to know the person's role. | Fla. Stat. § 812.015(6) |
| Possession of antishoplifting device countermeasure | Felony of the Third Degree | A person possesses an antishoplifting or inventory control device countermeasure within premises used for retail purchase or sale of merchandise. | Fla. Stat. § 812.015(7) |
| Use or attempted use of antishoplifting device countermeasure | Felony of the Third Degree | A person uses or attempts to use an antishoplifting or inventory control device countermeasure within premises used for retail purchase or sale of merchandise. | Fla. Stat. § 812.015(7) |
| Organized/aggregated retail theft ($750 or more, various coordinated schemes) | Felony of the Third Degree | A person commits retail theft under one of the coordinated, conspiratorial, multi-location, distraction, mislabeled package, or group-overwhelming schemes described in (8)(a)-(g), with aggregated value of $750 or more (except (8)(f) which depends on item count, not value threshold). | Fla. Stat. § 812.015(8) |
| Organized/aggregated retail theft (value in excess of $3,000, various coordinated schemes) | Felony of the Second Degree | A person commits retail theft under coordinated, conspiratorial, multi-location item-count, or social-media-solicited group schemes described in (9)(b)-(e), with aggregated value exceeding $3,000 (except (9)(d) which depends on item count). | Fla. Stat. § 812.015(9) |
Common questions about retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties in Florida
Is retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 812.015.
Resisting recovery of property/fare/trespass removal: Misdemeanor of the First Degree (Fla. Stat. § 812.015(6)) · Possession of antishoplifting device countermeasure: Felony of the Third Degree (Fla. Stat. § 812.015(7)) · Use or attempted use of antishoplifting device countermeasure: Felony of the Third Degree (Fla. Stat. § 812.015(7)) · Organized/aggregated retail theft ($750 or more, various coordinated schemes): Felony of the Third Degree (Fla. Stat. § 812.015(8)) · Organized/aggregated retail theft (value in excess of $3,000, various coordinated schemes): Felony of the Second Degree (Fla. Stat. § 812.015(9))
What are the penalties for retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties in Florida?
Penalties for retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties?
Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties is governed by Fla. Stat. § 812.015 (Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.