Florida criminal charge
Retail fuel theft in Florida
Retail fuel theft is a criminal offense under Florida law, defined by Fla. Stat. § 812.0151. 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. § 812.0151.
What is the penalty for retail fuel theft in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Breach or possession of tampering device — A person willfully, knowingly, and without authorization breaches or accesses the internal portion of a retail fuel dispenser, or possesses a device constructed to fraudulently alter, manipulate, or interrupt a retail fuel dispenser's normal functioning.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Breach or possession of tampering device — A person willfully, knowingly, and without authorization breaches or accesses the internal portion of a retail fuel dispenser, or possesses a device constructed to fraudulently alter, manipulate, or interrupt a retail fuel dispenser's normal functioning.; 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 (Physical tampering or electronic manipulation of dispenser — A person willfully, knowingly, and without authorization physically tampers with, removes, or replaces a mechanical or electronic component of a retail fuel dispenser, or uses electronic communication to fraudulently alter or manipulate its normal functioning.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Physical tampering or electronic manipulation of dispenser — A person willfully, knowingly, and without authorization physically tampers with, removes, or replaces a mechanical or electronic component of a retail fuel dispenser, or uses electronic communication to fraudulently alter or manipulate its normal functioning.; 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 (Obtaining fuel or fraudulent fuel tank/payment instrument use — A person obtains fuel as a result of violating (2)(a) or (2)(b), modifies or possesses a fuel tank/item to hold fuel obtained through such violation, or possesses/uses a payment instrument with intent to defraud in a fuel transaction.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Obtaining fuel or fraudulent fuel tank/payment instrument use — A person obtains fuel as a result of violating (2)(a) or (2)(b), modifies or possesses a fuel tank/item to hold fuel obtained through such violation, or possesses/uses a payment instrument with intent to defraud in a fuel transaction.; 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 (Aiding, abetting, or assisting a violation — A person aids, abets, or assists another person in committing a violation of this section.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Aiding, abetting, or assisting a violation — A person aids, abets, or assists another person in committing a violation of this section.; 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 fuel theft classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Breach or possession of tampering device | Felony of the Third Degree | A person willfully, knowingly, and without authorization breaches or accesses the internal portion of a retail fuel dispenser, or possesses a device constructed to fraudulently alter, manipulate, or interrupt a retail fuel dispenser's normal functioning. | Fla. Stat. § 812.0151(2)(a) |
| Physical tampering or electronic manipulation of dispenser | Felony of the Second Degree | A person willfully, knowingly, and without authorization physically tampers with, removes, or replaces a mechanical or electronic component of a retail fuel dispenser, or uses electronic communication to fraudulently alter or manipulate its normal functioning. | Fla. Stat. § 812.0151(2)(b) |
| Obtaining fuel or fraudulent fuel tank/payment instrument use | Felony of the Third Degree | A person obtains fuel as a result of violating (2)(a) or (2)(b), modifies or possesses a fuel tank/item to hold fuel obtained through such violation, or possesses/uses a payment instrument with intent to defraud in a fuel transaction. | Fla. Stat. § 812.0151(2)(c) |
| Aiding, abetting, or assisting a violation | Felony of the Third Degree | A person aids, abets, or assists another person in committing a violation of this section. | Fla. Stat. § 812.0151(3) |
Common questions about retail fuel theft in Florida
Is retail fuel theft a felony or a misdemeanor in Florida?
It depends on the circumstances: retail fuel theft ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 812.0151.
Breach or possession of tampering device: Felony of the Third Degree (Fla. Stat. § 812.0151(2)(a)) · Physical tampering or electronic manipulation of dispenser: Felony of the Second Degree (Fla. Stat. § 812.0151(2)(b)) · Obtaining fuel or fraudulent fuel tank/payment instrument use: Felony of the Third Degree (Fla. Stat. § 812.0151(2)(c)) · Aiding, abetting, or assisting a violation: Felony of the Third Degree (Fla. Stat. § 812.0151(3))
What are the penalties for retail fuel theft in Florida?
Penalties for retail fuel theft in Florida depend on how it is classified — from a Felony of the Third 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 fuel theft?
Retail fuel theft is governed by Fla. Stat. § 812.0151 (Retail fuel theft).
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.