Florida criminal charge
Theft in Florida
Current through 2026 Florida legislative session
Theft is a criminal offense under Florida law, defined by Fla. Stat. § 812.014. 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. § 812.014.
What is the penalty for theft in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 years (Grand theft first degree — Property stolen valued at $100,000 or more, or a semitrailer deployed by law enforcement, or cargo valued at $50,000+ from interstate/intrastate commerce stream, or grand theft committed using a motor vehicle as instrumentality damaging real property, or causing damage exceeding $1,000.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Grand theft first degree — Property stolen valued at $100,000 or more, or a semitrailer deployed by law enforcement, or cargo valued at $50,000+ from interstate/intrastate commerce stream, or grand theft committed using a motor vehicle as instrumentality damaging real property, or causing damage exceeding $1,000.; 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 (Grand theft second degree — Property stolen valued at $20,000 or more but less than $100,000, cargo valued under $50,000, emergency medical equipment valued at $300+, or law enforcement equipment valued at $300+ taken from an authorized emergency vehicle.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Grand theft second degree — Property stolen valued at $20,000 or more but less than $100,000, cargo valued under $50,000, emergency medical equipment valued at $300+, or law enforcement equipment valued at $300+ taken from an authorized emergency vehicle.; 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 30 years (Grand theft second degree — riot/emergency reclassification of second-degree grand theft — Theft otherwise qualifying as second degree grand theft under (2)(b) is committed during a riot/aggravated riot or declared state of emergency where the theft is facilitated by conditions arising from the riot or emergency.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Grand theft second degree — riot/emergency reclassification of second-degree grand theft — Theft otherwise qualifying as second degree grand theft under (2)(b) is committed during a riot/aggravated riot or declared state of emergency where the theft is facilitated by conditions arising from the riot or emergency.; 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 (Grand theft third degree — value-based or specific property — Property stolen valued between $750 and $20,000, or is a will/codicil/testamentary instrument, firearm, motor vehicle, commercially farmed animal, installed fire extinguisher, 2,000+ pieces of citrus fruit, property from a designated construction site, a stop sign, anhydrous ammonia, or any amount of a controlled substance.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Grand theft third degree — value-based or specific property — Property stolen valued between $750 and $20,000, or is a will/codicil/testamentary instrument, firearm, motor vehicle, commercially farmed animal, installed fire extinguisher, 2,000+ pieces of citrus fruit, property from a designated construction site, a stop sign, anhydrous ammonia, or any amount of a controlled substance.; 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 (Grand theft third degree — riot/emergency reclassification — Theft of property valued $5,000-$10,000 or $10,000-$20,000 under (2)(c)2-3 committed during a riot/aggravated riot or declared state of emergency where facilitated by conditions arising from the riot or emergency.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Grand theft third degree — riot/emergency reclassification — Theft of property valued $5,000-$10,000 or $10,000-$20,000 under (2)(c)2-3 committed during a riot/aggravated riot or declared state of emergency where facilitated by conditions arising from the riot or emergency.; 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 (Grand theft from a dwelling — lesser value — Property stolen valued at $40 or more but less than $750 and taken from a dwelling or its unenclosed curtilage.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Grand theft from a dwelling — lesser value — Property stolen valued at $40 or more but less than $750 and taken from a dwelling or its unenclosed curtilage.; 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 (Grand theft from a dwelling — higher value — Property stolen valued at $750 or more and taken from a dwelling or its unenclosed curtilage.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Grand theft from a dwelling — higher value — Property stolen valued at $750 or more and taken from a dwelling or its unenclosed curtilage.; 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 (Grand theft from multiple dwellings — Property stolen is taken from more than 20 dwellings or their unenclosed curtilage, or any combination thereof.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Grand theft from multiple dwellings — Property stolen is taken from more than 20 dwellings or their unenclosed curtilage, or any combination thereof.; 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 1 year (Petit theft first degree from a dwelling — Property stolen valued at less than $40 and taken from a dwelling or its unenclosed curtilage.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Petit theft first degree from a dwelling — Property stolen valued at less than $40 and taken from a dwelling or its unenclosed curtilage.; 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 (Repeat petit theft from a dwelling — prior conviction — Person commits petit theft from a dwelling under (2)(e)1. and has previously been convicted once of any theft.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Repeat petit theft from a dwelling — prior conviction — Person commits petit theft from a dwelling under (2)(e)1. and has previously been convicted once of any theft.; 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 (Repeat petit theft from a dwelling — two or more priors — Person commits petit theft from a dwelling under (2)(e)1. and has previously been convicted two or more times of any theft.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Repeat petit theft from a dwelling — two or more priors — Person commits petit theft from a dwelling under (2)(e)1. and has previously been convicted two or more times of any theft.; 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 1 year (Petit theft first degree — general value range — Property stolen valued at $100 or more but less than $750, other than property taken from a dwelling under paragraph (d).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Petit theft first degree — general value range — Property stolen valued at $100 or more but less than $750, other than property taken from a dwelling under paragraph (d).; 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 (Grand theft of a firearm — repeat offender — Property stolen is a firearm and the offender has previously been convicted of grand theft of a firearm.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Grand theft of a firearm — repeat offender — Property stolen is a firearm and the offender has previously been convicted of grand theft of a firearm.; 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 60 days (Petit theft second degree — Theft of any property not specified in subsection (2).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Petit theft second degree — Theft of any property not specified in subsection (2).; 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 (Coordinated theft scheme exceeding $3,000 — A person coordinates the activities of one or more persons in committing theft where the stolen property value exceeds $3,000.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Coordinated theft scheme exceeding $3,000 — A person coordinates the activities of one or more persons in committing theft where the stolen property value exceeds $3,000.; 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 theft classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Grand theft first degree | Felony of the First Degree | Property stolen valued at $100,000 or more, or a semitrailer deployed by law enforcement, or cargo valued at $50,000+ from interstate/intrastate commerce stream, or grand theft committed using a motor vehicle as instrumentality damaging real property, or causing damage exceeding $1,000. | Fla. Stat. § 812.014(2)(a) |
| Grand theft second degree | Felony of the Second Degree | Property stolen valued at $20,000 or more but less than $100,000, cargo valued under $50,000, emergency medical equipment valued at $300+, or law enforcement equipment valued at $300+ taken from an authorized emergency vehicle. | Fla. Stat. § 812.014(2)(b) |
| Grand theft second degree — riot/emergency reclassification of second-degree grand theft | Felony of the First Degree | Theft otherwise qualifying as second degree grand theft under (2)(b) is committed during a riot/aggravated riot or declared state of emergency where the theft is facilitated by conditions arising from the riot or emergency. | Fla. Stat. § 812.014(2)(b) |
| Grand theft third degree — value-based or specific property | Felony of the Third Degree | Property stolen valued between $750 and $20,000, or is a will/codicil/testamentary instrument, firearm, motor vehicle, commercially farmed animal, installed fire extinguisher, 2,000+ pieces of citrus fruit, property from a designated construction site, a stop sign, anhydrous ammonia, or any amount of a controlled substance. | Fla. Stat. § 812.014(2)(c) |
| Grand theft third degree — riot/emergency reclassification | Felony of the Second Degree | Theft of property valued $5,000-$10,000 or $10,000-$20,000 under (2)(c)2-3 committed during a riot/aggravated riot or declared state of emergency where facilitated by conditions arising from the riot or emergency. | Fla. Stat. § 812.014(2)(c) |
| Grand theft from a dwelling — lesser value | Felony of the Third Degree | Property stolen valued at $40 or more but less than $750 and taken from a dwelling or its unenclosed curtilage. | Fla. Stat. § 812.014(2)(d)1. |
| Grand theft from a dwelling — higher value | Felony of the Third Degree | Property stolen valued at $750 or more and taken from a dwelling or its unenclosed curtilage. | Fla. Stat. § 812.014(2)(d)2. |
| Grand theft from multiple dwellings | Felony of the Second Degree | Property stolen is taken from more than 20 dwellings or their unenclosed curtilage, or any combination thereof. | Fla. Stat. § 812.014(2)(d)3. |
| Petit theft first degree from a dwelling | Misdemeanor of the First Degree | Property stolen valued at less than $40 and taken from a dwelling or its unenclosed curtilage. | Fla. Stat. § 812.014(2)(e)1. |
| Repeat petit theft from a dwelling — prior conviction | Felony of the Third Degree | Person commits petit theft from a dwelling under (2)(e)1. and has previously been convicted once of any theft. | Fla. Stat. § 812.014(2)(e)2. |
| Repeat petit theft from a dwelling — two or more priors | Felony of the Third Degree | Person commits petit theft from a dwelling under (2)(e)1. and has previously been convicted two or more times of any theft. | Fla. Stat. § 812.014(2)(e)3. |
| Petit theft first degree — general value range | Misdemeanor of the First Degree | Property stolen valued at $100 or more but less than $750, other than property taken from a dwelling under paragraph (d). | Fla. Stat. § 812.014(2)(f) |
| Grand theft of a firearm — repeat offender | Felony of the Second Degree | Property stolen is a firearm and the offender has previously been convicted of grand theft of a firearm. | Fla. Stat. § 812.014(2)(g) |
| Petit theft second degree | Misdemeanor of the Second Degree | Theft of any property not specified in subsection (2). | Fla. Stat. § 812.014(3)(a) |
| Coordinated theft scheme exceeding $3,000 | Felony of the Second Degree | A person coordinates the activities of one or more persons in committing theft where the stolen property value exceeds $3,000. | Fla. Stat. § 812.014(6) |
Common questions about theft in Florida
Is theft a felony or a misdemeanor in Florida?
It depends on the circumstances: theft ranges from a Misdemeanor of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 812.014.
Grand theft first degree: Felony of the First Degree (Fla. Stat. § 812.014(2)(a)) · Grand theft second degree: Felony of the Second Degree (Fla. Stat. § 812.014(2)(b)) · Grand theft second degree — riot/emergency reclassification of second-degree grand theft: Felony of the First Degree (Fla. Stat. § 812.014(2)(b)) · Grand theft third degree — value-based or specific property: Felony of the Third Degree (Fla. Stat. § 812.014(2)(c)) · Grand theft third degree — riot/emergency reclassification: Felony of the Second Degree (Fla. Stat. § 812.014(2)(c)) · Grand theft from a dwelling — lesser value: Felony of the Third Degree (Fla. Stat. § 812.014(2)(d)1.) · Grand theft from a dwelling — higher value: Felony of the Third Degree (Fla. Stat. § 812.014(2)(d)2.) · Grand theft from multiple dwellings: Felony of the Second Degree (Fla. Stat. § 812.014(2)(d)3.) · Petit theft first degree from a dwelling: Misdemeanor of the First Degree (Fla. Stat. § 812.014(2)(e)1.) · Repeat petit theft from a dwelling — prior conviction: Felony of the Third Degree (Fla. Stat. § 812.014(2)(e)2.) · Repeat petit theft from a dwelling — two or more priors: Felony of the Third Degree (Fla. Stat. § 812.014(2)(e)3.) · Petit theft first degree — general value range: Misdemeanor of the First Degree (Fla. Stat. § 812.014(2)(f)) · Grand theft of a firearm — repeat offender: Felony of the Second Degree (Fla. Stat. § 812.014(2)(g)) · Petit theft second degree: Misdemeanor of the Second Degree (Fla. Stat. § 812.014(3)(a)) · Coordinated theft scheme exceeding $3,000: Felony of the Second Degree (Fla. Stat. § 812.014(6))
What are the penalties for theft in Florida?
Penalties for theft in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the First 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 theft?
Theft is governed by Fla. Stat. § 812.014 (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.