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Grand Theft Laws by Statute
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your rights and Grand Theft.
812.014 Theft.--
(1) A person commits theft if he or she knowingly obtains or uses,
or endeavors to obtain or to use, the property of another with
intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a
benefit from the property.
(b) Appropriate the property to his or her own use or to the use
of any person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more; or
2. If the property stolen is cargo valued at $50,000 or more that
has entered the stream of interstate or intrastate commerce from
the shipper's loading platform to the consignee's receiving dock;
or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a
motor vehicle as an instrumentality, other than merely as a
getaway vehicle, to assist in committing the offense and thereby
damages the real property of another; or
b. In the course of committing the offense the offender causes
damage to the real or personal property of another in excess of
$1,000,
the offender commits grand theft in the first degree, punishable
as a felony of the first degree, as provided in s. 775.082, s.
775.083, or s. 775.084.
(b)1. If the property stolen is valued at $20,000 or more, but
less than $100,000;
2. The property stolen is cargo valued at less than $50,000 that
has entered the stream of interstate or intrastate commerce from
the shipper's loading platform to the consignee's receiving dock;
or
3. The property stolen is emergency medical equipment, valued at
$300 or more, that is taken from a facility licensed under chapter
395 or from an aircraft or vehicle permitted under chapter 401,
the offender commits grand theft in the second degree, punishable
as a felony of the second degree, as provided in s. 775.082, s.
775.083, or s. 775.084. Emergency medical equipment means
mechanical or electronic apparatus used to provide emergency
services and care as defined in s. 395.002(10) or to treat medical
emergencies.
(c) It is grand theft of the third degree and a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (2)(a).
7. Any commercially farmed animal, including any animal of the
equine, bovine, or swine class, or other grazing animal, and
including aquaculture species raised at a certified aquaculture
facility. If the property stolen is aquaculture species raised at
a certified aquaculture facility, then a $10,000 fine shall be
imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more
individual pieces of fruit.
10. Taken from a designated construction site identified by the
posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.
(d) It is grand theft of the third degree and a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, if the property stolen is valued at $100 or more, but
less than $300, and is taken from a dwelling as defined in s.
810.011(2) or from the unenclosed curtilage of a dwelling pursuant
to s. 810.09(1).
(e) Except as provided in paragraph (d), if the property stolen is
valued at $100 or more, but less than $300, the offender commits
petit theft of the first degree, punishable as a misdemeanor of
the first degree, as provided in s. 775.082 or s. 775.083.
(3)(a) Theft of any property not specified in subsection (2) is
petit theft of the second degree and a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083, and as
provided in subsection (5), as applicable.
(b) A person who commits petit theft and who has previously been
convicted of any theft commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(c) A person who commits petit theft and who has previously been
convicted two or more times of any theft commits a felony of the
third degree, punishable as provided in s. 775.082 or s. 775.083.
(d)1. Every judgment of guilty or not guilty of a petit theft
shall be in writing, signed by the judge, and recorded by the
clerk of the circuit court. The judge shall cause to be affixed to
every such written judgment of guilty of petit theft, in open
court and in the presence of such judge, the fingerprints of the
defendant against whom such judgment is rendered. Such
fingerprints shall be affixed beneath the judge's signature to
such judgment. Beneath such fingerprints shall be appended a
certificate to the following effect:
"I hereby certify that the above and foregoing fingerprints on
this judgment are the fingerprints of the defendant, _____, and
that they were placed thereon by said defendant in my presence, in
open court, this the _____ day of _____, (year) ."
Such certificate shall be signed by the judge, whose signature
thereto shall be followed by the word "Judge."
2. Any such written judgment of guilty of a petit theft, or a
certified copy thereof, is admissible in evidence in the courts of
this state as prima facie evidence that the fingerprints appearing
thereon and certified by the judge are the fingerprints of the
defendant against whom such judgment of guilty of a petit theft
was rendered.
(4) Failure to comply with the terms of a lease when the lease is
for a term of 1 year or longer shall not constitute a violation of
this section unless demand for the return of the property leased
has been made in writing and the lessee has failed to return the
property within 7 days of his or her receipt of the demand for
return of the property. A demand mailed by certified or registered
mail, evidenced by return receipt, to the last known address of
the lessee shall be deemed sufficient and equivalent to the demand
having been received by the lessee, whether such demand shall be
returned undelivered or not.
(5)(a) No person shall drive a motor vehicle so as to cause it to
leave the premises of an establishment at which gasoline offered
for retail sale was dispensed into the fuel tank of such motor
vehicle unless the payment of authorized charge for the gasoline
dispensed has been made.
(b) In addition to the penalties prescribed in paragraph (3)(a),
every judgment of guilty of a petit theft for property described
in this subsection shall provide for the suspension of the
convicted person's driver's license. The court shall forward the
driver's license to the Department of Highway Safety and Motor
Vehicles in accordance with s. 322.25.
1. The first suspension of a driver's license under this
subsection shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver's license under
this subsection shall be for a period of 1 year.
History.--s. 4, ch. 77-342; s. 1, ch. 78-348; s. 1, ch. 79-124; s.
1, ch. 80-389; s. 1, ch. 82-164; s. 1, ch. 86-161; s. 1, ch.
87-376; s. 1, ch. 88-312; s. 8, ch. 90-92; s. 1, ch. 92-79; s. 9,
ch. 95-184; s. 30, ch. 96-247; s. 3, ch. 96-260; s. 49, ch.
96-388; s. 1819, ch. 97-102; s. 102, ch. 99-3; s. 36, ch. 99-6; ss.
67, 79, ch. 99-248; s. 2, ch. 2001-115; s. 1, ch. 2003-15; s. 2,
ch. 2004-341.
This information is for example only and should not be
considered legal advice. For the most current law or for more
information please search the state of Florida website or
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